Unleashing the Rule of Law Code for the Flourishing Development of Private Enterprises in Southern Guangdong Province - A Chronicle of Guangdong Court Services to Ensure the High Quality Development of Private Economy

2023-05-15

Guangdong, the largest economic province, is also a major province of private economy. The latest data shows that the added value of the private economy in Guangdong Province has exceeded 6 trillion yuan. In fact, private enterprises rose 7% against the trend last year, reaching 15.71 million households, ranking first in the country, contributing 50% of the province's GDP, 60% of taxes, 70% of technological innovation achievements, and 80% of new employment. The vigorous development of Guangdong's private economy is inseparable from a first-class business environment. The rule of law is the best business environment. In recent years, Guangdong courts have fully played the role of judicial adjudication, innovated litigation service mechanisms, protected the property rights of private enterprises and the rights and interests of entrepreneurs in accordance with the law, continuously stimulated the innovative vitality of private enterprises, helped to improve the level of compliant operation, and provided strong legal services and guarantees for the healthy development of private enterprises. Clarify the "crime and non crime" in business behavior, and "Thank you to the court for giving me justice!" Recently, a reporter interviewed Ran, who was acquitted by the Guangdong Provincial High People's Court, and could still feel his excitement through the phone. Originally, a certain liquor company authorized Ran to sell wine as the director of the Guangdong office. Starting from the second half of 2008, the office was independently operated by Ran. In September 2009, Ran purchased wine from the company and made a profit of over 310000 yuan from sales. The procuratorial organs filed a public prosecution for embezzlement, and Ran was later sentenced to five years and eleven months in prison. Mo Junzao, Vice President of the Second Trial and Supervision Division of the Guangdong High Court, who handled the case, told reporters: "The liquor company did not continue to pay labor remuneration to Ran. During the incident, the Guangdong office in charge of Ran independently accounted for and was responsible for its own profits and losses. Ran did not have a de facto employment relationship with the company, and the premium sales funds were legitimate gains and did not have the intention or behavior of illegal possession. They should not be deemed to constitute the crime of embezzlement This is a microcosm of Guangdong courts strictly distinguishing between crime and non crime, resolutely preventing economic disputes from being treated as crimes, and protecting the legitimate rights and interests of private enterprises and entrepreneurs in accordance with the law. How to adhere to the principle of "two unwavering" and "three unchanged" in judicial practice, and treat private enterprises and entrepreneurs as their own people? As early as December 2018, the Guangdong High Court issued ten articles to promote the healthy development of the private economy. In July 2020, it also issued guidelines for individuals in charge of private enterprises to obtain bail and wait for trial, making specific provisions from multiple aspects such as protecting the right to personal freedom of family members, correcting cases related to property rights, and applying mandatory measures with caution in accordance with the law. In the past five years, the provincial courts have acquitted 15 private entrepreneurs who were not deemed economic crimes in accordance with the law, and 10 of them were exempted from criminal punishment. While judicial protection of personal rights is receiving attention, private entrepreneurs also pay great attention to the protection of property rights. In July 2019, the Guangdong High Court issued several opinions on protecting the legitimate rights and interests of private enterprises and regulating property preservation work, extending property preservation measures to the forefront of litigation, supporting reasonable replacement of preserved property, strictly prohibiting preservation beyond the scope, and minimizing adverse effects on the normal production and operation of private enterprises. The Guangdong High Court also specially prints the "Handbook for the Prevention and Control of Common Criminal Legal Risks in Private Enterprises", which provides prevention and control measures for 12 possible criminal legal risks in daily operations, including fund financing, safety production, product quality, intellectual property, and environmental protection.

Edit:Ying Ying    Responsible editor:Zhou Shu

Source:rmfyb.chinacourt.org

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