Opinions on better fulfilling procuratorial responsibilities, promoting high-quality development of finance, and providing legal services to the highest detection station to ensure high-quality development of finance

2023-12-29

On December 28th, the Supreme People's Procuratorate held a press conference with the theme of "fully leveraging the role of procuratorial functions to serve and ensure high-quality financial development in accordance with the law", and released the "Opinions of the Supreme People's Procuratorate on fully leveraging the role of procuratorial functions to serve and ensure high-quality financial development in accordance with the law". Based on the essential characteristics of the "Eight Adherences" on the path of financial development with Chinese characteristics, combined with the requirements of modernization of procuratorial work, the Opinion proposes the basic principles that financial procuratorial work needs to follow from four aspects: political stance, value orientation, performance purpose, and performance methods, that is, always adhering to the leadership of the Party, adhering to the value orientation of putting the people at the center, adhering to coordinating financial development and security, and adhering to high-quality and efficient handling of every financial procuratorial case. The Opinion focuses on comprehensively strengthening supervision, preventing and resolving risks, and proposes the key responsibilities of criminal, civil, administrative, and public interest litigation prosecutors. In terms of criminal prosecution, the focus is on increasing the punishment of financial crimes in high-risk areas, highlighting the crackdown on various types of illegal financial activities, continuously increasing the prosecution of money laundering and related crimes, properly handling risks of small and medium-sized banks and other financial institutions in accordance with the law, cracking down on securities crimes such as financial fraud and market manipulation, and resolutely punishing financial corruption crimes. In terms of civil prosecution, the focus is on increasing the supervision of false lawsuits in the financial sector, such as debt evasion, interest cutting, and loan arbitrage. The focus is on strengthening the supervision of civil execution, and strengthening the orderly connection between civil prosecution and criminal prosecution. In terms of administrative prosecution, we will actively promote the "reverse" connection with administrative agencies in conjunction with the handling of criminal cases. In terms of public interest litigation prosecution, public interest litigation will be carried out in statutory areas such as state-owned financial property protection, sensitive personal information protection of financial accounts, governance of telecommunications and network fraud in the financial sector, and anti-monopoly in the financial industry. We will actively explore and expand public interest judicial protection in areas such as inclusive finance, pension finance, and green finance. Adhering to the combination of punishment and governance, optimizing the financial ecosystem, the Opinion proposes six work measures: first, actively participating in the construction of financial rule of law; The second is to strengthen the early warning and disposal of financial risks in conjunction with case handling; The third is to promote the comprehensive strengthening of financial supervision and the implementation of full coverage of financial supervision through the issuance of prosecutorial suggestions and other means; The fourth is to coordinate and regulate financial innovation activities in accordance with the law; Fifth, vigorously promote the marketization and rule of law construction in the financial field; The sixth is to explore the establishment of a normalized mechanism for the publicity and education of financial crime rule of law in procuratorial organs. The Opinion also proposes eight measures to improve the system and mechanism for punishing and preventing financial violations and crimes, as well as to strengthen organizational leadership, including improving the mechanism for handling financial cases in procuratorial organs, focusing on solving obstacles in handling cross regional and complex cases, as well as recovering losses and gains. (Lai Xin She)

Edit:Ying Ying    Responsible editor:Shen Chen

Source:jcrb.com

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