Strengthening Civil Prosecutorial Protection for the High Quality Development of Private Economy: Taking the Handling of Civil Prosecutorial Supervision Cases Involving Private Enterprises by the Prosecutorial Organs of Gansu Province as an Example
2023-06-14
Private economy is an important force to promote the development of Socialist market economy. The civil prosecution work is closely related to the market economy. It is the responsibility of civil prosecutions to fully leverage their functions and serve and ensure the healthy development of the private economy. This article analyzes and discusses the problems and response strategies in handling civil prosecution and supervision cases involving private enterprises by the procuratorial organs in Gansu Province in recent years, with the aim of providing better services for civil prosecutors to ensure the high-quality development of the private economy through judicial handling. 1、 The problems in the handling of civil procuratorial and supervisory cases involving private enterprises can be seen from the specific situation of the procuratorial organs in Gansu Province in handling civil procuratorial and supervisory cases involving private enterprises in recent years, which mainly include the following four aspects. (1) The case handling philosophy needs to be updated. Some prosecutors do not have a deep understanding of the responsibilities of civil prosecution in safeguarding the healthy development of private economy, and have not organically combined procuratorial handling with service to ensure the healthy development of private enterprises. A small number of case handlers have a sense of fear in the face of difficulties such as difficult and complex cases and high pressure to handle them. The situation of "handling cases with mechanical justice" often occurs, and problems such as emphasizing legal effects but neglecting political and social effects still exist. (2) The performance of procuratorial duties is not comprehensive. Among the cases involving effective judgment and supervision of private enterprises handled by the procuratorial organs in Gansu Province, the proportion of cases that do not support supervision applications is relatively high; The execution supervision cases handled mainly focus on correcting procedural defects. At the same time, from the perspective of the types of supervision cases, most cases are mainly property rights disputes, and there are few new fields and types of cases. The problem of imbalanced case structure is more prominent. (3) The extension service is not up to par. During the handling of cases, it was not timely discovered that there were risk loopholes in internal management, industry access review, and other aspects of the private enterprises involved. After discovery, it was also not possible to promptly prepare and issue procuratorial recommendations. The lack of pertinence and operability of procuratorial recommendations is quite common, leading to a lack of significant effectiveness in procuratorial supervision. In addition, there is a lack of regular communication with private enterprises, fewer proactive visits, and in-depth research. There is a lack of comprehensive understanding of the actual development and judicial needs of private enterprises, making it difficult to handle typical cases or influential cases with correction, innovation, progress, and leading value. (4) The case handlers lack both competence and awareness of corporate norms. Civil prosecution and supervision cases involving private enterprises often involve complex situations such as a wide range of fields, a large number of parties, a huge amount of subject matter, complex legal relationships, various parties' demands, and "in case" situations. From the perspective of specific case handling, court response, and adoption, the review capabilities of procuratorial organs in fact determination, evidence verification, and legal application need to be further improved. At the same time, some private enterprises have significantly insufficient evaluation and prevention of market risks or neglect the construction of their own legal system, leading to frequent litigation burden, resulting in enterprises being dragged down by lawsuits, execution pressure, or huge economic losses. 2、 Countermeasures and suggestions for improving the healthy development of private enterprises under the protection of civil prosecution. In response to the above issues and combined with the actual situation in Gansu, the author proposes the following countermeasures and suggestions. (1) Update judicial concepts and provide a fair and just development environment for private enterprises. One is to pay attention to the organic unity of the "three effects". Civil prosecution should consider both
Edit:Zhou Shu Responsible editor:Jia Jia
Source:jcrb.com
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