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Hit the pain point of the private economy directly, Anhui procuratorial department gives "reassurance of the rule of law"

"from the perspective of a legal worker, the scale of this" ten opinions of Anhui procuratorial organs on promoting the healthy development of the private economy "can be said to be relatively large, with strong operability. Hit the pain point directly, as long as it is not stipulated by the law, it will be handed over to the market and give" reassurance "to private entrepreneurs." From the perspective of a legal worker, the scale of the "ten opinions of Anhui Provincial procuratorial organs on promoting the healthy development of private economy" can be said to be relatively large. 7. Inspection of the transmission system of waterproof coiled material tensile testing machine (electromechanical brush), with strong operability. Hit the pain point directly, as long as it is not stipulated by the law, it will be handed over to the market to reassure private entrepreneurs. On January 10, when interpreting the latest opinions of Anhui procurator on supporting and promoting the healthy development of private economy, Guo Wei, the main drafter of the opinions and assistant procurator of the Research Office of Anhui Provincial People's Procuratorate, said

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inkMacSystemFont, font-size:17px;text-indent:0em;background-color:#FFFFFF; "> Unless expressly prohibited by laws and regulations, economic activities of private enterprises shall not be treated as illegal or criminal

inkMacSystemFont, font-size:17px; background-color:#FFFFFF; "> although the name looks bland, in early December 2018, the Anhui Provincial People's Procuratorate issued the" ten opinions of Anhui Provincial procuratorial organs on promoting the healthy development of private economy "(hereinafter referred to as the" opinions "), which is very rich in content and defines the judicial standards for law enforcement in view of many pain points encountered by private enterprises.

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inkMacSystemFont, font-size:17px; background-color:#FFFFFF; "> it was learned in the interview that during the formulation of the opinions, Anhui Provincial People's Procuratorate conducted a wide range of research visits throughout the province and set the principles of operability, enforceability, applicability and replication.

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inkMacSystemFont, font-size:17px; background-color:#FFFFFF; "> at the beginning of the opinions, the purpose of the opinions is to provide high-quality legal products and procuratorial services for the development of Anhui private economy, support and promote the healthy development of private enterprises, and put forward in the first opinion that we should fully understand the status and role of private economy.

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inkMacSystemFont, font-size:17px; background-color:#FFFFFF; "> Article 1 mainly emphasizes the role and significance of the opinions. The following articles 2 to 8 are highly operational for procuratorial organs, and procuratorial organs at all levels can make decisions accordingly. Guo Wei said.

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inkMacSystemFont, font-size:17px; background-color:#FFFFFF; "> Article 2 of the opinions is to strictly implement the law enforcement and judicial standards for cases involving private enterprises. In the view of legal professionals, the scale is relatively large: for the production, operation, financing and other economic activities of private enterprises, except for the explicit prohibition of laws and regulations, they shall not be treated as illegal and criminal.

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inkMacSystemFont, font-size:17px; background-color:#FFFFFF; "> since 2014, Anhui procuratorial organs have issued a number of opinions on the protection of the private economy. In contrast, the latest" opinions "can be said to be relatively large and put the policy to the widest range. Guo Wei said.

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inkMacSystemFont, font-size:17px; background-color:#FFFFFF; "> Article 3 of the opinions carefully implements the criminal policy of combining mercy with severity, which makes it clear that those who meet the conditions for leniency are to be lenient in accordance with the law, taking full account of the need to protect the development of enterprises.

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inkMacSystemFont, font-size:17px; background-color:#FFFFFF; "> Personal restrictions, property and management rights should be guaranteed in accordance with the law.

inkmacsystemfont, font size: 17px; background color: ffffff;"> Articles 2 and 3 of the opinions clarify the basic principles of law enforcement by procuratorial organs. From Article 4 to Article 8, they clarify the standards and rules of law enforcement one by one in view of the practical difficulties encountered by private enterprises

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inkMacSystemFont, font-size:17px;background-color:#FFFFFF; "> In Article 4, among the crimes of severely cracking down on the destruction of the development environment of private enterprises, the opinions has put forward three consecutive strict punishments according to law for criminal acts such as Mafia and evil forces, routine loans, bullying the market, forced trading, infringement of intellectual property rights, bribery, dereliction of duty and so on

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inkMacSystemFont, font-size:17px;background-color:#FFFFFF; "> In Article 5, to strengthen the supervision of criminal proceedings and improve the effectiveness of the supervision of cases involving private enterprises, the opinions puts forward the scope of key supervision, that is, to intervene in economic disputes by criminal means, selective law enforcement, abuse of coercive measures, improper seizure and freezing of property, improper execution of property punishment, infringement of the right of independent management of enterprises and other issues. At the same time, the Opinions also made it clear that we should strive to achieve full coverage of criminal procedure supervision from case filing, investigation, trial to penalty execution

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inkMacSystemFont, font-size:17px;background-color:#FFFFFF; "> With regard to the malicious use of litigation against competitive enterprises, undermining the reputation of entrepreneurs, encroaching on enterprise property rights, and interfering with the normal operation of social governance and other issues reflected by private enterprises, we proposed in Articles 6 and 7, respectively, to strengthen the supervision of false and malicious litigation involving private enterprises, improve the pertinence and operability of procuratorial recommendations, and promote administrative organs to correct inaction, disorderly behavior, and slow behavior, Improve the social governance model and create a law based and efficient government environment for the development of private enterprises. Guo Wei said

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inkMacSystemFont, font-size:17px;background-color:#FFFFFF; "> An entrepreneur's accident may lead to the collapse of the enterprise. In view of this problem, Article 8 of the opinions fully protects the legitimate rights and interests of the private enterprise and its personnel involved in the case, and clearly puts forward that the detained private enterprise personnel should be guaranteed to exercise their property and management rights in accordance with the law, so as to ensure the normal operation of the enterprise

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inkMacSystemFont, font-size:17px;background-color:#FFFFFF; "> Establish communication channels and jointly support the promotion of private economy

inkmacsystem. The production process is simple font, font size: 17px; background-color:#FFFFFF; "> during the investigation, some entrepreneurs reported poor communication with the judiciary, and we responded to this call in the last two articles of the opinions. Guo Wei said.

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inkMacSystemFont, font-size:17px; background-color:#FFFFFF; "> opinions Article 9 is to form a joint force to support and promote the healthy development of the private economy, and propose that the procuratorial organs should strengthen the contact and communication with the Federation of industry and commerce, entrepreneurs' associations, chambers of Commerce, etc., establish and improve the joint meeting, regular notification and other systems, and timely report the typical and universal problems of private enterprises found in the handling of cases to the Federation of industry and commerce. Strengthen the cooperation and linkage with public security, courts and other units, improve the mechanisms of information sharing and case investigation, unify the scale of law enforcement and justice, and form a working force

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inkMacSystemFont, font-size:17px;background-color:#FFFFFF; "> At the same time, Article 9 also proposes to strengthen communication with entrepreneurs, strengthen contact with private entrepreneurs among deputies to the National People's Congress and CPPCC members, make full use of various channels to listen to opinions and suggestions, and constantly improve and improve the level of procuratorial work serving economic development

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inkMacSystemFont, font-size:17px;background-color:#FFFFFF; "> How to implement the opinions? In Article 10, the opinions proposes to build a mechanism to support and promote the healthy development of the private economy, and defines the main body responsible for the work

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inkMacSystemFont, font-size:17px;background-color:#FFFFFF; "> The opinions proposed that procuratorial organs should organize activities of visiting enterprises and entrepreneurs, listen to opinions, understand needs, and expand effective ways to serve private enterprises. According to the needs of private enterprises, private economic procuratorial service workstations are set up to provide legal services, protect legitimate rights and interests, and help private enterprises solve problems

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inkMacSystemFont, font-size:17px;background-color:#FFFFFF; "> In addition, the Opinions also stipulates that the departments responsible for complaints and appeals in the procuratorates at all levels should set up a coordination working group involving private enterprises, which is responsible for accepting complaints and reports from private enterprises, guiding and coordinating the handling of cases, and supervising the implementation of the opinions