In order to further promote the national strategy of integrated development of the Yangtze River Delta, work together to promote cross regional enterprise compliance work, and form a joint force in compliance work of enterprises involved in the case, Xuancheng procuratorial organs anchor the regional advantages and rely on The special action of "inspection and protection of enterprises" actively explored the cross regional cooperation mode of compliance of enterprises involved in the case.
High level promotion, mechanism "Bridging"
In recent years, in the context of the high-quality development of the Yangtze River Delta integration, Xuancheng procuratorial organs have actively explored new models of judicial cooperation based on various functions. Xuancheng Procuratorial Organ Service Opinions on the construction of the "one place, six counties" cooperation zone, and Xuancheng City's Measures for the Management of Community Correction Objects Involved in Private Enterprises Engaging in Production and Business Activities Abroad (for Trial Implementation) and other documents provide solid institutional support for services to ensure high-quality economic and social development, and escort the construction of the "one place, six counties" cooperation zone, It has effectively solved the problems of difficult employment of private enterprises and difficult business activities of community correction objects involving private enterprises.
this year The municipal attorney general meeting held in February stressed the need to solidly carry out the special action of "procuratorial protection of enterprises", deeply promote the compliance reform of enterprises involved in the case, promote the comprehensive performance of intellectual property inspection in an integrated manner, actively serve the construction of "one place, six counties" and "long-term cooperation zone", and help Xuancheng better integrate into the integrated development of the Yangtze River Delta. Subsequently, Xuancheng Procuratorate set up a leading group for the special action of "procuratorial protection of enterprises" headed by the Procurator General, and issued a plan to break down the relevant work tasks such as "actively exploring the compliance of enterprises in different places" to the internal organs of the city procuratorate, determine the specific target requirements and completion time limit, and promote the in-depth implementation of the special action.
The procuratorial organ of Xuancheng City deeply explored the new mode of substantive cooperation of non local compliance of enterprises involved in the case.
Practical cases, collaboration "Breaking the subject"
How to break the regional barriers of trans provincial enterprises' compliance when enterprises are separated from their places of registration, operation and crime? How to solve such problems as the difficulty of compliance startup, supervision and acceptance of enterprises involved in cases in other places? This "Examination paper", the Ningguo Municipal Procuratorate and the Langxi County Procuratorate, as the "entrusting party" for initiating cooperation and the "entrusted party" for cooperating, gave their own answers in combination with different case handling.
Recently, for an intellectual property protection case involving trademark infringement, the Ningguo Municipal Procuratorate, on the one hand, aimed at trademark professional issues, organized experts to demonstrate through the Market Supervision Bureau, actively contacted Changzhou Intermediate People's Court, and actively worked with infringed enterprises and infringed enterprises The "online mediation" method has prompted both parties to reach an agreement on compensation, properly handled the case, and helped the infringed enterprise recover millions of yuan of losses.
At the same time, Ningguo Municipal Procuratorate also carried out a review on the necessity of detention for the person in charge of the infringing enterprise, changed the mandatory measures according to law, launched a compliance model of remote cooperation supervision for the enterprise, and actively issued a letter of authorization for cross regional procuratorial cooperation to the local Changzhou procuratorial organ. Changzhou Municipal Procuratorate actively assisted Ningguo Municipal Procuratorate to complete the supervision and inspection of enterprise compliance rectification, and jointly completed the supervision and evaluation procedures. During the period, Ningguo Procuratorate also actively invited the court to participate in the joint exploration of providing The "supporting" off-site enterprise compliance scheme has gradually begun to transform from the past "procuratorial led" compliance model of enterprises involved in the case to the "legal inspection cooperation" model. In addition, in combination with the difficulties and obstacles encountered in the off-site cooperation of the case, we timely sorted out and summarized the experience to reverse the establishment and improvement of the cooperation mechanism between the two sides.
In a case of falsely issuing special VAT invoices, in order to help a textile enterprise involved in the case operate in compliance, the Hongkou District Procuratorate actively cooperated with the Langxi County Procuratorate where the enterprise is located to conduct a cross regional compliance inspection of the enterprise involved. Langxi County Procuratorate and Shanghai Hongkou District Procuratorate broke through regional barriers, fully shared compliance information and resources, and maximized cross regional collaboration. At the same time, they also carried out continuous cooperation on follow-up and return visits of enterprises involved in the case, and jointly wrote a good service for private enterprises "The second half of the article".
Langxi County Procuratorate not only efficiently assisted the Shanghai Hongkou District Procuratorate in convening the enterprise compliance acceptance evaluation meeting and work exchange meeting, but also signed the Framework Agreement on the Cooperation of Enterprises Involved in the Case in the Compliance Work in Different Places on the spot, to carry out social investigation, implement the third-party mechanism The cooperation in carrying out compliance hearings and other aspects has made comprehensive, detailed and practical provisions, which effectively solved the problems and difficulties encountered by the two procuratorial organs in the compliance of enterprises in different places.
In order to apply the compliance experience of a single enterprise involved in the case to the governance of the whole industry, the procuratorial organs of the two places, together with the government organ of the town where the industrial park is located, jointly conducted a survey on the operation of enterprises in the park, and finally formulated the Guidelines for the Establishment of Enterprise Compliance Management System for enterprises in the park, and compiled a series of enterprise compliance management systems. The procuratorial organs of the two places, together with the administrative organs, also held a press conference on enterprise compliance guidance in the park, and held a lecture on legal knowledge to interpret the contents of the compilation, so as to better help more enterprises operate in compliance with laws and regulations.
