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On January 15th, Shaanxi Provincial Procuratorate held a press conference on optimizing and improving the business environment in Xi ‘an. Relevant spokespersons of Shaanxi Provincial Procuratorate reported the progress of optimizing the business environment in the province, and the background, main contents and significance of the Cooperation Agreement on Establishing a Working Mechanism for Optimizing and Improving the Business Environment.
Recently, the Shaanxi Provincial Procuratorate, the Provincial Development and Reform Commission, the Provincial Federation of Industry and Commerce and the Provincial Chamber of Commerce reached an agreement after three rounds of communication and consultation. The Federation signed the Cooperation Agreement on Establishing a Working Mechanism to Optimize and Improve the Business Environment, and reached consensus and cooperation in the field of optimizing and improving the business environment. The main situation is as follows:
Improve political position
Enhance awareness of the importance of the business environment
Through holding party group meetings, central group study, special seminars and other ways, we have thoroughly studied the spirit of the important speeches delivered by the Supreme Leader General Secretary at the private enterprise symposium in November 2018 and the entrepreneur symposium in July 2020, and the requirements of the central and provincial committees on equal protection of the private economy, which has enhanced our sense of responsibility, mission and initiative in optimizing and improving the business environment. After the Fifth Plenary Session of the 19th CPC Central Committee, the procuratorial organs of the whole province actively adapted to the new environment and new demands of the development of the private economy, fully performed the duties of the "Four Procuratorates", and ensured and promoted the healthy development of the private economy according to law. Take various measures to fully promote the work and optimize and improve the business environment, and achieve remarkable results.
Earnestly perform one’s duties
Strive to create a safe and stable business environment.
Insist on internalizing the spirit of studying the important speech of the Supreme Leader General Secretary, and practice it outside. Focusing on the work requirements of Procurator-General Zhang Jun on being a good service to ensure the healthy development of the private economy and "being really strict and loving" for private enterprises, and closely combining with the reality of our province, we have identified the starting point and focus of our work, and studied and adopted a series of measures to ensure the development of the private economy and optimize and improve the business environment.
First, seriously handle economic crime cases that hinder epidemic prevention and control. After the outbreak of the epidemic in COVID-19, a rapid response mechanism for criminal offences related to the epidemic was established in time. We guided 18 cases of economic crimes that hindered the prevention and control of epidemic situation, and listed and supervised 10 cases of economic crimes involving epidemic situation. Through handling cases, it provides a safe and orderly production and working environment for the development of enterprises.
The second is to punish economic crimes that infringe on the legitimate rights and interests of private enterprises according to law. In 2020, the province’s procuratorial organs arrested 1,128 people for crimes against the market economic order and prosecuted 2,165 people. We strengthened judicial protection of intellectual property rights, arrested 95 people for making and selling fake goods and infringing intellectual property rights, and prosecuted 117 people.
The third is to severely crack down on crimes committed by evil forces that undermine the business environment. In 2020, the province’s procuratorial organs arrested 52 people for illegal high-interest lending and prosecuted 547 people, arrested 18 people for bullying the city and prosecuted 248 people, which purified the economic development environment and created a good social environment for the production and operation of enterprises.
The fourth is to severely punish all kinds of duty crimes that affect the business environment according to law. In 2020, 96 cases of duty-related crimes committed by administrative organs such as land and environmental protection, which were transferred for prosecution by the supervisory committee, were prosecuted in accordance with the law, which effectively suppressed the criminal acts of abusing power for personal gain and dereliction of duty by state public officials and created a clean and honest political and business environment.
Fifth, comprehensively strengthen the supervision of criminal cases that undermine the business environment. In 2020, the investigation organ was required to explain 98 reasons for not filing a case and supervise the filing of 74 cases; Require the investigation organ to explain the reasons for filing 144 cases and supervise the withdrawal of 139 cases; After the supervision, 9 people were arrested, 29 people were prosecuted, and 18 people were sentenced to more than 3 years in prison by the court. Maintained a fair and orderly market economic order.
Sixth, earnestly carry out various special activities to safeguard the rights and interests of private enterprises. In November 2019, the clean-up work of "pending cases" and "accumulated cases" of criminal complaints involving private enterprises was carried out, which guaranteed the legitimate rights and interests of private enterprises. In October 2020, it took the lead in launching a special activity to review the necessity of detention of private entrepreneurs, protecting the legitimate rights and interests of private entrepreneurs and providing strong support for enterprises to resume work and production.
Improve the way of handling cases
Strive to create a fair and just business environment.
Conscientiously implement the deployment of the Supreme People’s Procuratorate. When handling cases involving private enterprises, according to the law, "those who can not arrest, those who can not sue, and those who can not be sentenced to actual punishment will put forward suggestions for probation" to prevent improper law enforcement from affecting the normal production and operation of enterprises, and fully serve enterprises to return to work and resume production.
First, strictly grasp the legal policy. Establish the judicial concept of modesty, prudence and goodwill, strictly implement the legal principles such as a legally prescribed punishment for a crime, no suspected crime and equal protection, strictly distinguish crime from non-crime, personal crime of private enterprise operators and unit crime, resolutely prevent economic disputes from being treated as crimes, and strive to achieve the unity of political, social and legal effects in handling cases. In 2020, in the field of the crime of disrupting the order of the socialist market economy, the procuratorial organs of the whole province put forward 300 written opinions to correct the illegal investigation activities, which effectively safeguarded the legitimate rights and interests of private enterprises and entrepreneurs.
The second is to take coercive measures cautiously. Strictly grasp the necessity of arrest and the standard of prosecution, and carefully use coercive measures such as detention and arrest, as well as means such as seizure, seizure and freezing. The criminal policy of leniency according to law is fully applied to crimes of pleading guilty and admitting punishment, and criminal suspects’ pleading guilty and admitting punishment, actively returning to work and resuming production, carrying out self-help in production, and striving to keep jobs are important considerations in examining and judging whether there is social danger. In 2020, 55 people will not be arrested and 56 people will not be prosecuted for suspected economic crimes.
The third is to actively expand service channels. Combined with handling cases, we will strengthen legal training and publicity of the rule of law for enterprise personnel, strengthen the legal awareness and rights protection awareness of private entrepreneurs, and establish the concept of operating in good faith and according to law by means of legal consultation, special lectures, case interpretation and procuratorial suggestions. Make full use of the video interview system, 12309 procuratorial service center and other platforms, actively build a four-in-one interview system of "letter, interview, internet and electricity", and quickly divert complaints, appeals and reports that undermine the business environment and infringe on the legitimate rights and interests of investors, and accept them according to law and give priority to them.
Strengthen communication and cooperation
Comprehensively improve the quality and efficiency of business environment work
Actively report to the Party Committee and the National People’s Congress, continue to strengthen contact with the supervisory committee, courts, public security, the National Development and Reform Commission, the Federation of Industry and Commerce and other units, establish a working cooperation mechanism, and form a joint force to serve the development of the private economy. For example, in February 2018, the Provincial Procuratorate and the Provincial Supervisory Committee jointly issued the Interim Measures for the Connection between Procuratorial Organs and Supervisory Organs in Shaanxi Province in Handling Duty Crime Cases, unifying the standards for evidence collection and review and the requirements for handling cases, ensuring the smooth investigation and handling of duty crime cases, and safeguarding the legitimate rights and interests of private enterprises according to law. In July 2019, the Provincial Procuratorate invited NPC deputies and CPPCC members from the Provincial Federation of Industry and Commerce and business circles to participate in the special investigation on the development of private economy guaranteed by the highest inspection service. In August, the provincial procuratorate launched a special activity to supervise the filing of non-public economic cases and review the necessity of detention, and organized the procuratorial organs of the whole province to carry out the "open day activity of prosecuting and escorting private enterprises". In October, 2020, the Provincial Procuratorate and the Provincial Federation of Industry and Commerce jointly held the procuratorial open day with the theme of "Serving the Six Guarantees and Escorting the Development of Private Enterprises", and invited 10 NPC deputies, 8 CPPCC members and 6 representatives of private entrepreneurs in Shaanxi private enterprises to participate in the event, so as to better serve and ensure the healthy development of private enterprises. (Shaanxi Provincial Procuratorate WeChat WeChat official account Author: Liu Gaopeng Photo: Du Kang Zhang Yihan)
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