The fifth highlight of Anhui procuratorial work in 2020  

　　 Source: Anhui Legal Daily  

　　

　　 Original title  

　　 The procuratorial organ should serve the development of private enterprises well  

The rule of law is the best business environment, and the development of private economy cannot be separated from the escort of the rule of law. On January 8, the provincial procuratorate held a press conference to report the work of the provincial procuratorate to ensure the healthy development of private economy in 2020.

Since last year, based on the reality of procuratorial work, focusing on the difficulties of private enterprises in filing cases, appealing and executing, the provincial procuratorial organs have conscientiously implemented the "351" project of serving private enterprises, practiced the procuratorial and judicial purpose of "managing for true love and punishing for healthy growth", become the "old lady" of private enterprises, do a good job of "six stability" and implement "six guarantees" The mission provides a solid guarantee of the rule of law. This work has also been identified as one of the top ten "Rule of Law for Private Affairs" projects in 2020 by the Provincial Committee of the CPC and the Provincial Office of Governing the Province by Law, and has been rated as one of the top ten "rule of law events" in the province.  

　　 Develop "Worry Classic" based on handling cases  

　　

On January 8, the Anhui Provincial Procuratorate held a press conference to report the healthy development of the private economy provided by the provincial procuratorial organs.

In the process of serving the healthy development of private enterprises, the procuratorial organ of our province has always insisted on protecting the personal and property safety of private enterprises and their operators equally according to law. Since last year, the provincial procuratorial organs have performed the function of arresting and prosecuting according to law, severely cracked down on illegal and criminal acts that infringe the legitimate rights and interests of private enterprises, strengthened the equal protection of the legitimate property of private enterprises and entrepreneurs, and arrested 185 suspects and prosecuted 953 people who affected the development of non-public economic enterprises.

For criminal cases involving private enterprises and their operators, the procuratorial organs have implemented the criminal justice policy of tempering justice with mercy. If they can not arrest, they can not sue, and they can not be sentenced to a real sentence, they have proposed the application of probation. A total of 307 people were not arrested in criminal cases involving non-state-owned companies, enterprises, and institutions, with a rate of 27.68%; 793 people were not prosecuted, with a non prosecution rate of 20.33%, effectively avoiding the phenomenon of "the factory collapsed after the case was handled".

At the same time, we regularly carried out special work on the supervision of the filing of non-public economic cases and the review of the necessity of detention, and supervised and corrected according to law the problems of whether to file, not to file in disorder, and illegally intervening in economic disputes. A total of 20 cases were filed by public security organs, 44 cases were withdrawn, and 19 cases of illegal investigation activities were corrected. For private entrepreneurs, senior managers and technical backbones in custody, every case must be tried, and a total of 56 criminal suspects (defendants) in custody have been removed or changed from compulsory measures. For the 27 "hanging cases" cleared out, wall chart operations were realized and all were cleared.

False litigation involving private economy not only severely infringes the legitimate rights and interests of private enterprises, destroys social integrity, but also disturbs the normal litigation order. In view of this, the procuratorial organ of our province has increased its efforts in handling cases, listed 29 cases of supervision of civil false litigation and supervision of civil effective judgments involving private economy, and supervised 181 cases of "false lawsuits" by raising protest or retrial procuratorial suggestions. In the aspect of implementation supervision, we timely reviewed and dealt with cases involving private economy that applied for implementation supervision. A total of 284 procuratorial suggestions were put forward and 271 were adopted.

　　 Optimize service and send out "tip" for growth  

　　

　　 The procuratorial organ of Anhui Province has launched the "Classic" and Brighten the Better Life Week activity in the whole province.  

Affected by the epidemic, many private enterprises have stagnated and suffered heavy losses since last year. In order to provide solid guidance and promote private enterprises to do a good job in epidemic prevention and control and work resumption, the procuratorial organs actively provide judicial support and create a good legal environment. In combination with the actual work, the procuratorial officers and policemen went down to the front line, went deep into more than 1000 private enterprises, "asked for needs, protected rights and interests, and promoted development", understood the thoughts, difficulties and doubts of private enterprises, and helped solve practical legal problems.

At the same time, with the first new era procuratorial publicity week, the "Code" Brightening Better Life Centralized Publicity Week, the rule of law preaching into the park, the "five into five services" and other activities as the carrier, police officers extensively visited private enterprises, sent legal knowledge to enterprises, and continued to promote the rule of law publicity. Bozhou Procuratorate, relying on the local young entrepreneurs' association, helps young entrepreneurs to establish the awareness of the rule of law through face-to-face exchanges, and delivers the "golden tip" of the rule of law for development.

In order to extend the service scope, the procuratorial organ has also set up procuratorial workstations and service private enterprise contact points in the Federation of Industry and Commerce, the Development Zone, industry associations, private enterprises, etc., to deliver legal services to the "gate" and "factory".

　　 Perfect the mechanism to form a "strong synergy" of services  

　　

　　 The first procuratorial organ in China to serve private enterprises has opened a special telephone 96309.  

In order to serve the healthy development of the private economy in a more detailed and practical way, the provincial procurators have constantly established and improved the long-term mechanism of serving enterprises in view of the common problems of the industry and the individual demands of enterprises. They have taken multiple measures to think about what the enterprise wants and what the enterprise needs, so as to form a smooth and efficient work force and promote the high-quality and efficient solution of the enterprise's demands, Create a good business environment for the development of private enterprises.

Last year, procuratorial organs actively implemented the mechanism of leaders taking the lead in handling cases, and carried out the activity of "Procurators General Centralized Case Handling Month" for cases involving private economy. The procurators of the third level courts directed ahead and personally handled 203 cases involving private economy. They effectively played a leading role in demonstration, and some difficult cases with prominent contradictions and difficulties were properly resolved.

In order to improve the appeal handling mechanism, our province has also specially established a "green channel" for complaint and complaint handling of cases involving private enterprises, opened the first procuratorial organ in the country to serve private enterprises with a special telephone 96309, set up a special e-mail address for private enterprises, set up a private enterprise service room (post) in the procuratorial hall, and centrally manage the clues of complaints and complaints involving private enterprises, Unified acceptance of registration, careful review of diversion, and fast handling according to law. Thanks to this, 1877 complaints involving private enterprises received in 2020 were handled in a timely manner.

It is not enough to serve the development of private enterprises only by procuratorial force. We should fully pool the wisdom of all parties. In order to play a good role in serving private enterprises, the provincial procurators actively strengthened the regular communication with private offices at all levels, the Federation of Industry and Commerce and other departments, and gave priority to the review, rapid handling and timely feedback of the transferred petition cases involving private enterprises; For problems such as operation and management loopholes and legal and policy risks in private enterprises, timely issue risk warnings, find omissions in industry supervision, and timely make and issue procuratorial suggestions. The procuratorial organs in Fuyang, Chizhou and other places sorted out and analyzed the industry supervision problems found in the handling of cases, and sent social governance procuratorial proposals to the financial office, human resources and social security departments to achieve the good effect of "one case, one governance".