Why did this tax related case attract representative attention in Jiaxian County, Henan Province: Handling a corporate compliance case to promote enterprises to return to the fast lane of healthy development
2024-03-25
"The rule of law is the best business environment. Many private enterprises in rural areas have weak awareness of the rule of law, low cultural level of management personnel, non-standard financial management, and imperfect internal supervision systems. In the process of handling cases, the procuratorial organs promote corporate compliance governance and achieve maximum effectiveness." Recently, Wang Yonghong, a representative of the National People's Congress and supervisor of the Supervisory Board of Shenma Industry Co., Ltd., affirmed a corporate compliance case handled by the Jiaxian County Procuratorate in Henan Province in an interview with reporters. In 2016, Wang, the operator of a casting enterprise in Jiaxian County, paid a fee of 9% of the face value from others. In the absence of real goods transactions, he purchased 9 value-added tax special invoices for tax deduction, with a total tax amount of over 150000 yuan. After the public security organs filed the case, in April 2023, the Jiaxian County Procuratorate was invited by the County Public Security Bureau to send personnel to intervene in the investigation and guide the collection of evidence. "Our company has over 60 job positions, and Mr. Wang is the actual operator. If he is sentenced, the company will go bankrupt. Where do we people go to earn money to support our families?" During on-site visits, many employees had such concerns, which attracted the attention of the handling prosecutor. It is understood that after arriving at the case, Wang truthfully confessed to the facts of the crime, voluntarily paid all taxes, voluntarily pleaded guilty to punishment, and at the same time, voluntarily proposed a willingness to comply with regulations for rectification. In September 2023, after reporting to the Henan Provincial Procuratorate and obtaining consent, the Jiaxian County Procuratorate comprehensively performed its duties in accordance with the law. Starting from the overall effectiveness of the case handling, it initiated a compliance inspection procedure and entrusted a third-party organization to accurately "check the pulse" of the enterprise, investigating, evaluating, supervising, and inspecting its compliance construction. On October 24, 2023, the Jiaxian County Public Security Bureau transferred the case to the Jiaxian County Procuratorate for examination and prosecution. In December of the same year, the Jiaxian County Procuratorate issued prosecutorial recommendations to the County Federation of Industry and Commerce on enterprise compliance work. After three months of investigation, in January of this year, after a third-party organization evaluated the compliance and rectification of the enterprise, the Jiaxian County Procuratorate made a non prosecution decision against Wang in accordance with the law. At the same time, the hospital has established contact with the local town government and collaborated with the village committee to carry out activities such as sending legal documents to enterprises and entrepreneurship symposiums in the industrial park, to understand the difficulties encountered by enterprises in operation, provide targeted legal opinions, and help enterprises establish awareness of lawful and compliant operation. Wang Yonghong believes that the procuratorial organs have continuously optimized the legal business environment, taken more practical measures and provided better services, and launched a combination of "warming enterprises, assisting enterprises, benefiting enterprises, ensuring safety, and protecting enterprises". Wang Yonghong also suggested that the procuratorial organs should take the "Procuratorial Protection of Enterprises" and "Procuratorial Protection of People's Livelihoods" special actions launched by the highest procuratorial deployment as an opportunity to maintain economic order, stabilize social expectations, and boost development confidence in accordance with the law. Continuously deepen the compliance reform of enterprises involved in cases, improve the third-party supervision and evaluation mechanism, further enhance the quality and efficiency of prosecutorial advice work, promote the full process application of criminal litigation for compliance reform of enterprises involved in cases, and promote enterprises to steadily move forward on the track of the rule of law. (Lai Xin She)
Edit：Wangchen Responsible editor：Jia Jia
Source：jcrb.com
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