Civil administrative procuratorate
Anhui Daily | Actively perform duties to protect the enterprise and ensure the business is "promising"
Time: March 14, 2024 Author: Xu Aoping News source: Anhui Legal Daily [Font size: large | in | Small

March 10, 2024 Anhui Daily Page 6

Gather the rule of law and work together to create a first-class business environment

[Editor's Note] "If the water is deep, the fish will be happy, and if the city is strong, the business environment will be prosperous." Optimizing the business environment is the need for the healthy development of the market economy, and is also the inevitable trend of deepening the system reform. On February 18, our province held the "first meeting of the Spring Festival" - the conference to create a first-class business environment and promote high-quality development of private economy. The deployment meeting that sounded the "Charge" made a detailed deployment on further optimizing the business environment and promoting the development of private economy. The rule of law is the best business environment. In recent years, the provincial political and legal authorities have implemented fairness and justice in all aspects of legislation, law enforcement, justice, and law-abiding. They have equally protected the legitimate rights and interests of various market subjects according to law, and made every effort to govern the "good" environment with law, and promote the "excellent" business environment.

Original title

Procurator: Actively perform duties to protect the enterprise and ensure the business is "successful"

□ Xu Aoping, full media reporter of Anhui Daily Newspaper Group

▲ The procurators of the People's Procuratorate of Jiujiang District, Wuhu City visited enterprises in depth. Photographed by Zhan Yuyan

The procuratorial organs of our province firmly establish the judicial concept of "equal protection" and "adhering to high-quality and efficient handling of every case", adhere to the demand orientation, innovate the law based measures to secure business and benefit enterprises, spare no effort to escort high-quality development of enterprises, and comprehensively help to create a first-class legal business environment.

To create a legal business environment, the first thing is to ensure the safety of enterprise production and operation.

In Ma'anshan, an automobile limited company engaged in engineering took advantage of his position to accept bribes from dealers around the country for many times and was negligent in performing his duties, resulting in dealers around the country defaulting on payment for goods of nearly 5 billion yuan, causing business difficulties. In the process of handling the case, the People's Procuratorate of Yushan District, Ma'anshan City, fully considered the social harmfulness of Mr. Cheng's crime and the difficulties faced by the enterprises involved in the case, sued Mr. Cheng quickly in accordance with the law and severely punished the behavior of "profiteering" through illegal means, which played a deterrent role. Local dealers took the initiative to return the arrears to the company.

In the face of enterprise related duty crime cases, we should not only focus on "punishment", but also pay attention to improving the legal awareness of enterprise employees and guiding enterprises to operate in compliance. Therefore, the procuratorial organs actively extend the scope of handling cases, effectively identify the business risks and management loopholes behind the cases, put forward reasonable suggestions to enterprises, help promote traceability governance, and achieve the effect of "handling one case, influencing one area, and saving one area".

In order to solve the problem of private entrepreneurs' difficulty in appealing, filing and executing, in 2020, our province first tried the system of private entrepreneurs' meeting with the Procurator General. In order to further implement this system, our province has continued to promote and deepen the work of interviewing the Procurator General with real entrepreneurs on this basis. In July 2023, the People's Procuratorate of Anhui Province formulated and issued the Guiding Opinions of the Procuratorate of Anhui Province on the Implementation of the Working System of "Entrepreneur Interview with the Procurator General", specifying that if the person in charge of the enterprise who is taken mandatory measures of detention and serving a sentence needs to deal with urgent matters in production and business activities, The procuratorial organ handling the case or the procuratorate affiliated to the procuratorial office stationed in the supervision place shall coordinate the detention house or prison to provide appropriate facilities for the parties. According to statistics, in 2023, the chief procurators of the three level courts in the province received 1539 entrepreneurs and helped solve 745 practical problems.

Zhang Moumou, an entrepreneur, was deeply impressed by the "action" of the procuratorial organ. Zhang actually controls several textile enterprises engaged in textile production, with a registered capital of more than 100 million yuan and more than 200 employees. Zhang was sentenced to four years and five months of imprisonment by the court in 2020 after taking mandatory measures of detention for falsely issuing special VAT invoices, and was sent to 90% prison in November 2021 to serve his sentence. When the chief procurator of the Jiuchengban People's Procuratorate visited Mr. Zhang in Jiucheng Prison, he reflected the reality of the enterprise's difficult operation. Jiuchengban Procuratorate investigated Zhang's performance during his sentence and assessed his recidivism risk. After that, together with the local procuratorate, it visited the enterprises controlled by Zhang, solicited opinions and suggestions from the tax authorities, and invited deputies to the National People's Congress to hold hearings. After comprehensive assessment, the Jiuchengban Procuratorate considered that Zhang met the conditions for parole, and sent a letter to Jiucheng Prison on its own initiative, suggesting that Jiucheng Prison initiate the procedure of applying for Zhang's parole. At present, the court has ruled to parole Zhang.

Actively and prudently handle enterprise related crimes, the three-level courts of enterprise related cases "hold discussions on weekends", the enterprises involved "hang cases" are dynamically cleared, the enterprises involved in the case are subject to compliance reform, and the entrepreneurs in custody meet with the Procurator General... Each measure records the process of the procuratorial organs of our province to optimize the legal business environment from "active participation" to "active performance of duties", from "no vacancy" to "action".

High quality development of escort enterprises is not a temporary strategy. "The first meeting of the Spring Festival" issued the mobilization order of "focusing on the business environment", which clearly defined that optimizing the business environment is a "major project that will never be completed". The provincial procuratorial organs will also continue to work hard for a long time, give full play to the role of procuratorial supervision, and fully protect the sustainable and healthy economic and social development of our province.