Friday , May 20 2022

Let private companies stand firmness and sustainability, the key is in the judicial system – Financial News



Wen-Zhu Tonghui

Associate Professor, Faculty of Law, Nankai University, Full-time Researcher, Human Rights Student Center, Nankai University

In the private company symposium, Xi Jinping, the secretary general, proposed "rapidly supporting the development and growth of private companies" and defined six conditions. These include the sixth point "protection of personal safety of entrepreneurs", which corresponds to law and criminal law.

In order to carry it out, in particular, "criminal offenses and crime suspicions", the key is to clarify the processes and keys that the employer owns, property rights and business management rights. Otherwise, it can not be completely and effectively removed and deleted.

In the past, employers, businessmen and companies have had two main problems that appeared primarily in criminal justice: on the one hand, the investigation of the case was not investigated and the economic crimes against the company's obligations and interventions were not appropriate. It's not enough; On the other hand, based on local protection, "power transaction, private money, negotiation", would not be investigated and asked for research, should be delegated economic discussions.

Investigations and attacks of economic crimes have several specialties. When the 1996 Criminal Procedure Act was amended in 1996, the first was the main concern. In fact, by means of 87, 88 and 170, prosecutors supervised the investigation agency, without presenting this case, and the private prosecution of the victim. And the "prosecution prosecutor's system". The Criminal Procedure Act 2012 was still reviewed.

However, in the process, many local political and legal laws have been gradually progressing, especially if public safety bodies should not present a case or even intervene in economic disputes. Moreover, when these presentations, investigations, censors and judicial proceedings are launched, it is difficult for companies and entrepreneurs to eliminate them. For this reason, in the subsequent interpretation of the Supreme Court Proceedings, the second oversight was added.

So, in reality, how are these two aspects more serious? The author has, for a long time, been subject to several criminal cases in Beijing, Tianjin and Shenzhen. In practice, they have faced these aspects. Sometimes it is very difficult for senders to send public safety to the victims, due to an economic crime. The police are very difficult to find reasons for collecting various material for victims and lawyers in many places, or for qualitative crossings and for other crimes. Prepare material to write a case, or simply emphasize qualitative economic conflict, it is advisable to go to court in civil prosecution.

Sometimes, the court of defense of the accused person involved in the judicial power is accepted and we can find many economic strife. It is very difficult to defend, file, investigate, prosecute, and present, analyze, judge and try. What is even more terrible in this long process, if the end result is innocent, many companies and companies have suffered losses and "destiny fate". They are like Wumart Group and Zhang Wenzhong. Still, we must constantly consider that these cases were originally established and why it is not questioned?

Therefore, protecting the security and personal protection of entrepreneurs and companies, while the latter could reduce criminal investigations and judicial intervention in economic conflicts and reduce the public interest under "transaction rights". In that response, the Supreme Court's chief told the "Daily City" report on November 8. "We will prepare judicial interpretations that interpret civil and civil lines and prevent the use of criminal penalties in economic conflicts". The Supreme Monitoring Inspections, the Ministry of Public Safety and the judicial interpretations and documents of the Ministry of Justice are mainly addressed. These also confirm the seriousness and urgency of this problem.

In any case, judicial investigation is a serious and "selective" "selective" law. For this reason, the execution of private companies continues to be constant production and durability. It is necessary that the law and justice are "incessant". Here, "continuous" means that the judiciary is the same and stable and predictable.

First and foremost, the substantive law must be correct, stable and predictable. First and foremost, the rule of economic crime is to strengthen stability and clarity and improve the judicial interpretation of the Judgment of the Supreme Court of Justice: scientifically determines the crime of fraud (especially in the case of fraudulent acts), the bribery of current unit crime and the occupation virus Criminal Constitutional constituent elements of the unlawful criminal offense: Identification of private companies that have subsided restrictions on subrogation due to the excessive power of the authorities and the "acceptance of the card" and subjectively "search for illegal interests"; The distinction between fraud and fraud: the company defines the illegal income and the legal income of the individual, the legal income of the company and the limits of the family members. Secondly, it is particularly necessary to provide precise and appropriate definitions for the identification of initial private fund sources of private companies as soon as possible to get out of the "gray zone" as soon as possible. In this way, "criminal law" can be applied efficiently and to avoid the repetition of a similar case.

Second, in the administration of justice, it is necessary to clarify equality and stability and doubts. There are a lot of things to do in this area: first of all, use the criminals with caution, never suspect crimes, and they are hesitant to be accused. In the case of state-owned assets in private companies, it is necessary to determine the difference between operations, added value, reinvestment and loss. If it's a loss, try to use financial and administrative resources to recover. Although corruption, corruption and evil, it is necessary to suspect crimes and doubts. Even in the enforcement of laws and the demands of environmental protection, we must necessarily be the same, use minor and criminal means. Secondly, in particular, the supervision of the disciplinary committee needs to be resolved; Public safety laws do not initiate proceedings, investigate, review, proscribe, and initiate proceedings. On the one hand, these organizations must provide adequate personal and property security, but, on the other hand, it is necessary to cut it off. Attaches the interests of the case, seizure, confiscation, freeze property and standards, transfer and seizure of stolen goods, and prohibit the reimbursement or division of different ways of handling. In particular, it is necessary to improve judicial neutrality, and neutrality can only be correct and correct. In practice, when business owners and companies enter economic crimes, it is hard to ever suspect that they are "sins". Thirdly, it reduces the interference between local committees and administrative leaders in the judicial power and supervising, prosecuting and judicial authorities can guarantee independent independent supervision. While the case of Gu Chujun and the case of the Jiangsu Muyang Group are being examined, it is necessary to be correct and correct: if sin is not enough, it will not be sin, and if it is a suspicion, it will never be, but if it is proof that it is a part of the crime, it will be judged and the truth is punished. If there is a low transfer of financial assets, malicious transfer, etc. Then the transfer is invalid according to the laws. In this way, a temporary "justice-driven policy" can be avoided in the event of a long-term legal construction rule. At the same time, the economic conflicts caused by business owners, employers and companies must also be managed in accordance with civil and economic laws. They are not "smooth and thick", and they do not "distribute by force" and "distribute them according to the problems". Fourthly, in a vertical direction, the localization of the judiciary must be reduced to the elimination of concepts and practices of the "judicial service local economy" and, secondly, the judicial management of the administration, performance evaluation and internal management of the judicial administration. . In horizontal direction, the relationship between research, investigation, procedures and judicial organs must be adapted, IV of the Scientific Commissions. Plenary "trial focus" proposed for the Plenary Session, and substantive examinations and open trial requirements.

Thirdly, "construction" companies, entrepreneurs, abusive powers, accusations of civil servants and businesses, intellectual property, patents, trademarks and right-wing rights violations, "eat and get tickets" investigations, "officials and other" competitors. , judicial investigations and proceedings. In addition, issuing similar judicial documents, such as the Supreme Court and the Ministry of Public Safety, issued in November 2017, "Interventions of Public Safety Ordinances on Handling Multiple Economic Crimes" is prohibited from participating in economic conflicts and it is necessary to correct business and entrepreneurship and predictive cases, such as the case of Zhang Wenzhong, on 2 August 2012, the case of the Chongqing Supreme Court ruling and the 10-case case of private economic protection provided by the Yunnan National Court on November 2, but more importantly or everything, the creation of "traps", the investigations and evidence of the participants must also establish typical precedents for the initiation and development of procedures, through the equality and equality of law and justice and, ultimately, by private companies. The development environment and the legal norm for companies are "set up".

In the end, basically, entrepreneurs and citizens will allow continued production and sustainability to achieve greater equality, stability and predictability of the judicial power. First of all, the same protection as the owners of SMEs and SMEs. In practice, there are more powers. Second, we must also protect other types of companies and ordinary citizens. If evidence is not sufficient or illegal evidence is received, it is necessary to receive pressure from the victim and the investigation agency to protect their personal property and rights. On November 8, the key to the Supreme Court on the official website, the retirement court of Henan Lushi and the key to the "cutting of Woodlands" Qin Xuanyun were not guilty, a typical case against ordinary citizen crime. At the same time, in these cases, mechanical justice must be denied, as well as the elimination of the pressure of political and legal workers to reduce their incentives and profit, in order to respect impartiality of criminal penalties. Modest and limited. Thirdly, ordinary citizens, employers and civil servants must have the same and stable procedure to investigate and strengthen the defense right protection. "Crimes are legal and crimes are never". In these cases they also have to avoid bad cases and damage the expectations and confidence of the law and the judicial power.

In sum, our economy and society make it possible to have a very anti-interference capability, a fast, stable and orderly development, so that companies and citizens can have "continuous production and sustainability", and they can not be done without "norms of rights and norms". Even more "stable hopes", "legal offenses and suspected crimes" are inseparable. In fact, it is summarized in three levels: equality of judgments, neutralization, desklassification and openness, legality and humility of criminal law; the presumption of the criminal procedure, defense right protection, Evidence of arbitration and trial of centralism.

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