In order to deeply implement the spirit of the 20th National Congress of the Communist Party of China, the Central Economic Work Conference, and the Central Political and Legal Work Conference, conscientiously implement the Opinions of the Central Committee of the Communist Party of China and the State Council on Promoting the Development and Growth of the Private Economy, further strengthen the equal protection of all types of business entities in accordance with the law, create a legal business environment, and promote high-quality economic and social development, the Supreme People's Procuratorate recently issued the "Special Action Plan for Procuratorial Protection of Enterprises", and decided to carry out the "Procuratorial Protection of Enterprises" special action from February to December 2024. The Plan specifies that this special action mainly includes 14 key work measures, namely: severely punishing crimes that undermine fair competition; Punish corruption crimes within private enterprises severely; Carry out supervision and governance on the behavior of actual controllers and executives who breach trust and harm the interests of the company; Carry out special crackdown and governance on "shell companies"; Strengthen the supervision of filing cases related to enterprises by using the cleaning up of "pending cases" as the starting point; Apply compulsory measures steadily and prudently in accordance with the law; Carry out special supervision on the execution of property related judgments by units involved in crimes and legal supervision on the execution of property related criminal judgments for crimes that infringe on the legitimate rights and interests of enterprises; Strengthen the supervision of effective civil judgments and enforcement cases involving enterprises; Strengthen the supervision of administrative litigation involving enterprises, administrative effective judgment cases, and administrative violations; Carry out supervision of public interest litigation; Intensify the handling of complaint and appeal cases; Strengthen property rights protection for private enterprises; Deepen the comprehensive performance of intellectual property prosecution; Deepen the compliance reform of the involved enterprises. The Plan requires procuratorial organs at all levels to effectively enhance their sense of responsibility and mission in serving the development and growth of the private economy, consciously focus on the center and serving the overall situation, perform their duties in an integrated, comprehensive, and proactive manner, and create a stable, transparent, standardized, and predictable legal environment for high-quality economic and social development. To make the special action of "procuratorial protection for enterprises" an important task this year, provincial procuratorates should establish special teams to effectively strengthen leadership and organize implementation. We should combine judicial cases and deepen the governance of litigation sources. Adhere to the combination of punishment and governance, encourage and guide private enterprises to strengthen their compliance construction, promote the healthy development of private enterprises, and promote the healthy growth of private entrepreneurs in response to the internal management issues reflected in judicial cases. We must conscientiously implement the legal responsibility system of "whoever enforces the law will popularize the law", increase efforts to interpret the law through cases and promote the rule of law, guide private entrepreneurs and internal personnel to enhance their awareness of the rule of law, and promote the construction of rule of law private enterprises and clean private enterprises. (Lai Xin She)
Edit：Ying Ying Responsible editor：Shen Chen
Source：http://www.legaldaily.com.cn
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