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Law

The procuratorial organs handled 3218 compliance cases involving enterprises

2022-10-13   

Summary of data As of August this year, the procuratorial organs nationwide have handled 3218 cases involving enterprise compliance, of which 2217 cases are applicable to the third-party supervision and evaluation mechanism. 830 enterprises and 1382 people who have rectified compliance have made a decision not to prosecute according to law. Compared with the full launch of the pilot compliance reform of enterprises involved in the case in April, 2229 compliance cases were added and 1616 cases were applicable to the third-party mechanism. In addition, according to statistics, in 2021, the non arrest rate and non prosecution rate of the procuratorial organs against the personnel of non-state-owned enterprises and institutions will be 40.2% and 27.2%, respectively, 10 and 12.6 percentage points higher than that in 2018. The data analysis shows a good momentum in the comprehensive promotion of the compliance reform pilot of enterprises involved in cases. "From the perspective of the number of cases handled, the compliance cases of enterprises involved in cases have increased rapidly. At present, more than half of the grass-roots procuratorial organs have relevant experience in handling cases, which means that a good momentum in the comprehensive promotion of the compliance reform pilot of enterprises involved in cases is taking shape." Cheng Lei, a professor of Renmin University of China Law School, said in an interview with our reporter. "From the perspective of reform quality, as an important external constraint mechanism in the compliance reform of the enterprises involved, the application proportion of the third-party mechanism has also increased significantly, accounting for 68.89%." Cheng Lei believes that the supervision and evaluation of the compliance commitment and compliance rectification of the enterprises involved in the case involves many aspects and fields, such as justice, law enforcement, industry supervision, etc. Only by cooperating with relevant departments and professional organizations, can the best judicial case handling effect be achieved by truly being objective, neutral, professional and fair. In June this year, the Ministry of Human Resources and Social Security, the Emergency Management Department, the General Administration of Customs and the China Securities Regulatory Commission also joined the Third Party Supervision and Evaluation Mechanism Management Committee established by the Supreme People's Procuratorate together with relevant departments. The areas of the compliance reform of enterprises involved in the case were wider, the types of cases were richer, and the cooperation between departments was stronger. "In 2021, the number of crimes prosecuted by procuratorial organs across the country will drop significantly, which also shows that the compliance reform of the enterprises involved in the case has been increasingly effective in preventing the risk of corporate recidivism, warning and educating relevant units, promoting the construction of corporate compliance and other aspects of governance, minimizing social opposition and promoting social endogenous stability." The person in charge of the relevant department of the Supreme People's Procuratorate said that, on the whole, all localities can accurately grasp the connotation of the reform, and will organically combine the promotion of the compliance reform of enterprises involved in the case with the implementation of the criminal justice policy of "less arrest, more cautious prosecution and more cautious custody", and the implementation of the system of "leniency in pleading guilty, pleading guilty and punishment", simultaneously promote the "hanging case" clean-up of enterprises involved, strengthen the procuratorial hearing, promote the two-way connection between administrative law enforcement and criminal justice, and ensure the political and social effects of handling cases The legal effect is organically unified. The data evaluation truly achieves the goal of "promoting the institutionalization of strict management and preventing the abuse of" love "" carrying out the pilot compliance reform of enterprises involved in the case, so that the enterprises involved can feel the rigidity of the law and also feel the warmth of the law. It is not a catch, nor a let go, but to help, supervise, and promote the standardized operation of enterprises, truly promote the institutionalization of "strict management" and prevent the abuse of "love". " Li Zongsheng, deputy to the National People's Congress and founding partner of Liaoning Anhang Law Firm, said so. Li Zongsheng also said that

Edit:sishi Responsible editor:xingyong

Source:http://newspaper.jcrb.com/

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