2021年10月26日

Lv Hongbing, member of the National Committee of the Chinese People’s Political Consultative Conference (CPPCC), said: “We will improve the system of non-prosecution for enterprises that comply with regulations and protect the legitimate rights and interests of private enterprises.

Lv Hongbing, member of the National Committee of the Chinese People’s Political Consultative Conference (CPPCC), said: “We will improve the non-prosecution system for enterprises that comply with regulations and protect the legitimate rights and interests of private enterprises.

New client weft, March 9 (xinhua) (Lin wan) in recent years, successively for implementation of the Supreme People’s Procuratorate on the procuratorial functions into full play in accordance with the law, safeguard and promote the healthy development of the non-public economy opinions concerning the full performance of the procuratorial functions’s opinions on strengthening judicial protection of property rights and other judicial documents, and to emphasize the civil code contains the concept of property rights protection in criminal justice, as far as possible the normal production and business operation activities of the enterprise to minimize the negative impact, head for the companies involved in accordance with the law “in the” v “, “get the market the main body, including enterprises, entrepreneurs, and has been widely accepted by the social people from all walks of life.

During the NPC and CPPCC sessions this year, Lv Hongbing, a member of the National Committee of the Chinese People’s Political Consultative Conference (CPPCC) and vice president of the All China Lawyers Association, put forward a proposal to “innovate the protection of enterprise property rights and improve the non-prosecution system of enterprise compliance”. In an interview with Xinxin Jingwei APP, he said that the responsible persons of the enterprises involved will be arrested and prosecuted carefully in accordance with the law, and the negative impact on the normal production and operation of the enterprises will be minimized as much as possible, and the legitimate rights and interests of private enterprises and entrepreneurs will be protected with greater efforts.

Lv Hongbing, member of the National Committee of the Chinese People’s Political Consultative Conference (CPPCC) and vice president of the All China Lawyers Association. Photo provided by interviewees

It is understood that at present, the procuratorial organs are exploring the non-prosecution system of enterprise compliance, constructing the procuratorial work mechanism of enterprise criminal compliance management, and implementing the procuratorial responsibility in the modernization process of the national legal system and governance capacity.

In an interview with Xinxin Jingwei, Lv Hongbing suggested that first of all, the basic principles, conditions and procedures of the compliance non-prosecution system of enterprises should be clearly stipulated in the criminal procedure law, and the subject of application of the system and its conditions should be clearly defined and emphasized.

The procurator-general of the Supreme People’s Procuratorate Zhang Junzeng stressed: “not to prosecute, and compliance with purpose and aim of independent monitoring system, as well as with greater efforts to protect the legal rights of the private enterprises and entrepreneurs to do it in accordance with the law can not catch not can catch, v. v., could not found ShiXing Suggestions for probation, and vigorously promote private enterprises build a law-abiding operation compliance the bottom line.”

Therefore, in Lv Hongbing’s opinion, the innovation of procuratorial system and property right protection system should be confirmed and standardized in the form of criminal procedure law. At the same time, through the establishment of this system in accordance with the “Dafa”, further improve the punishment unit crime system, confession penalty leniency system, and further promote the perfection of the administrative supervision legal system.

From the perspective of subject and condition of system application, Lv Hongbing believes that from current practice, some places tend to apply to criminal units involved in the case, while others believe that it should also apply to important production and operation personnel such as enterprise operators, managers and key technical personnel. The main conditions should include that the enterprise plays an important role in paying taxes according to law, creating jobs and economic development, owns independent intellectual property rights and has competitive strength in the region, industry and the whole industrial chain; The relevant responsible personnel play a key role in the business development of the enterprise; In addition, the subject involved in the case is the first offender, the occasional offender, the facts are clear, the evidence is indeed sufficient, especially the voluntary admission of guilt.

“At the same time, situations in which the system does not apply should be further defined. Such as suspected of national security crimes, terrorist crimes; It has caused great losses to the parties involved, has a huge social impact, and the public has reacted strongly.” “Said Lu Hongbing.

Secondly, Lv Hongbing suggested setting up and improving the compliance inspection mechanism, and unifying and standardizing the rules for the use of judicial measures during compliance inspection.

Lyu said prosecutors should set up an investigation period and work with administrative regulators to guide the companies involved in the crime to formulate compliance plans, rectify illegal acts, improve rules and regulations, standardize production and operation, and improve corporate governance. After the inspection, the procuratorial organ decides whether to initiate a public prosecution by taking into consideration the facts and circumstances of the crime, the completion of the compliance plan, the opinions of the administrative organ, the report of the independent compliance supervisor and other factors.

“Unify and standardize the rules for the use of judicial measures during the compliance inspection, such as removing the property that has been sealed, seized or frozen for the production and operation of the enterprise according to law, and changing the compulsory measures to bail pending trial for the directly responsible persons in charge and other directly responsible persons.” “Lv Hongbing said.

Finally, Lv suggested increasing and strengthening the hearing system for deciding whether to prosecute, and establishing and improving the system of independent compliance supervisors.

Lv Hongbing said, compliance after the probationary period, the procuratorial organs should hold a public hearing, by the parties involved and the investigation organ, the relevant administrative department, the compliance supervisors and the victim all parties to participate in, to the parties involved compliance check list report and compliance monitors compliance assessment report, based on the effective interaction, on defense, eventually decide whether to prosecute.

In addition, Lv Hongbing suggested that law firms and other professional service agencies issue written evaluation reports on the enterprises after the investigation period, as a necessary legal document for the procuratorate to make a decision. It can refer to the bankruptcy administrator system to establish a list of independent compliance supervisors and implement dynamic management. (Xin Xin Jingwei APP)

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