Exploring an Innovative Path for Cross provincial Financial Prosecutorial Supervision
2023-11-13
We have reviewed claims cases in recent years and found that some companies have certain institutional loopholes in their business operations, leading to many legal disputes... "Recently, in a conference room of the Western Financial Legal Service Center in Jiangbei District, Chongqing, reporters listened to a" consultation "on the application of laws in insurance cases. More than two months ago, the Fifth Branch of the Chongqing Municipal Procuratorate (hereinafter referred to as the "Chongqing Fifth Branch") established the Chengdu Chongqing Financial Prosecutors' Patrol Service Station here. Prosecutors take turns stationed at the station, collaborating with courts, public security, judicial and other departments to provide "one-stop" legal services for financial enterprises. The innovative exploration of a new model of "tour+station" work is one of the phased achievements in promoting the work of the country's first cross regional financial procuratorial and supervisory agency since the establishment of the Chengdu Chongqing Financial Prosecutor's Office. Compared to the existing procuratorial supervision, the biggest difference between Chengdu and Chongqing financial procuratorial supervision lies in cross provincial supervision. We are constantly striving to achieve integrated case handling linkage, cross regional judicial equal protection, and explore solutions to the "cross" problem of financial procuratorial supervision. Why should we establish a cross provincial financial procuratorial and supervisory agency in Chongqing Fifth Branch? To search for answers, the reporter walked into the Chongqing Financial History Museum and the Chengdu Chongqing Financial Justice Museum, and experienced the magnificent journey of the financial industry in Chongqing and Sichuan over the past century. It is reported that in 2022 alone, there were over 4000 financial institutions within the Shuangcheng Economic Circle in the Chengdu Chongqing region, with a RMB deposit balance of approximately 14.57 trillion yuan and a loan balance of approximately 13.16 trillion yuan. This means that the demand for financial rule of law is becoming increasingly urgent for the "financial giant ship" of Chengdu Chongqing co construction of the Western Financial Center. In order to increase financial judicial protection and better serve the construction of the Chengdu Chongqing dual city economic circle, the first cross provincial jurisdiction court in China, the Chengdu Chongqing Financial Court, has emerged in Chongqing. When it comes to the difficulties involved in financial cases, Liu Ke, the head of the Chengdu Chongqing Financial Prosecutor's Office, stated that some cases involve long periods of time and multiple subjects of creditor's rights. After multiple transfers of creditor's rights, the amount is unclear and the evidence is unclear, resulting in difficulty in finding facts and applying the law. Based on this, it is urgent to further strengthen relevant legal supervision work. In July 2022, the Supreme People's Procuratorate decided to have the Chongqing Fifth Branch fulfill its legal supervision responsibilities over the Chengdu Chongqing Financial Court in accordance with the law. Its supervision scope covers 15 cities and 113 counties (cities, districts) within the Chengdu Chongqing Double City Economic Circle in Chongqing and Sichuan Province. In February this year, the court established the Chengdu Chongqing Financial Prosecutor's Office. Nearly a month later, on the basis of formulating normative systems for the acceptance, connection, circulation, collaboration, and management of cross regional financial cases in the early stage, Chongqing Fifth Branch, together with Chengdu Railway Transport Procuratorate, Chongqing Liangjiang District Procuratorate, and Chongqing Shizhu Tujia Autonomous County Procuratorate, jointly carried out simulated acceptance, circulation, and petition for protest of financial procuratorial civil supervision cases, making full preparations for accepting the "first case". However, Jiang Wenjun conducted a themed education in mid April this year
Edit:Ying Ying Responsible editor:Shen Chen
Source:jcrb.com
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