Protecting the Development of Enterprises with the Power of Rule of Law in Ningxia Prosecutors, Creating a Legal Business Environment for Safe, Commercial, and Benefiting Enterprises
2024-05-24
"In the 'Prosecutorial Protection of Enterprises' special action, the procuratorate accurately docked with the legal needs of enterprises, identified the focus of service for enterprise development, and created a rule of law business environment that is safe and beneficial to enterprises, which is timely rain for us entrepreneurs. On April 18th, at the' Prosecutorial Protection of Enterprises' Entrepreneurs Symposium held by the People's Procuratorate of Ningxia Hui Autonomous Region in conjunction with the Autonomous Region Federation of Industry and Commerce, participating entrepreneurs praised and put forward new expectations for the 'Prosecutorial Protection of Enterprises' special action, hoping that the procuratorate can provide legal and regulatory training for enterprise executives, strengthen crime prevention work in a targeted manner, and help enterprises identify and fill gaps, establish regulations, and strengthen management.". This trust stems from the actual effectiveness of the Ningxia procuratorial organs in safeguarding the development of private enterprises with the power of the rule of law. Punishing internal crimes to ensure the development of enterprises with peace of mind is a concern for private entrepreneurs who commit crimes against corporate interests by internal personnel. "It is not easy for enterprises to cultivate employees. The occurrence of internal personnel committing crimes that infringe on the interests of the enterprise not only damages the economic benefits of the enterprise, but also damages the good development ecology of the enterprise." The attending entrepreneurs said that such examples are not uncommon. Since joining a company in Ningxia in 2018, Mao has gradually grown from a sales representative to a sales representative responsible for regional accounts collection business. Since July 2020, when collecting payments from customers, Mao often used the excuse that the customer owed the payment and kept a portion of the actual payment for personal repayment of credit cards, purchase of game equipment, and daily consumption. In March 2021, the company discovered during the reconciliation that Mao had embezzled 170000 yuan in payment from customers. In April 2023, the prosecutor's office filed a public prosecution against Mao on suspicion of embezzlement. The court ultimately sentenced Mao to 8 months in prison and fined him 20000 yuan, ordering him to compensate for the relevant economic losses of a company in Ningxia. Since 2023, the procuratorial organs in Ningxia have focused on the difficulty of investigating and punishing corruption within enterprises, actively responding to the demands of private enterprises, and lawfully punishing crimes committed by internal personnel of private enterprises that infringe on the interests of enterprises. After the deployment of the "Prosecutorial Protection of Enterprises" special action in April this year, it has become a key task to severely punish internal corruption crimes in enterprises, and to crack down on crimes committed by internal personnel such as embezzlement, misappropriation of funds, bribery of non-state employees, and breach of trust that harm the interests of enterprises, in order to safeguard the vital interests of enterprises. As of now, the procuratorial organs in the entire region have lawfully punished the crimes of violating the interests of private enterprises by internal personnel, and prosecuted 23 cases and 32 individuals of embezzlement, misappropriation of funds, and bribery of non-state employees. On April 22, in the Yinchuan Citizen Hall, citizens who were waiting to handle business were browsing through the promotional materials posted and placed in multiple prominent positions in the hall. There were also manuals and posters guiding companies to handle deregistration registration in accordance with laws and regulations. Half a year ago, the issue of malicious corporate deregistration deeply troubled the Yinchuan Approval Service Management Bureau. In 2023, the People's Procuratorate of Xixia District, Yinchuan City, discovered that some market entities had concealed administrative and judicial case information, made false promises to apply for simplified deregistration registration, and used the simplified deregistration procedure to facilitate evasion of legal responsibility. Subsequently, the "Market Entity Malicious Cancellation Evasion of Legal Responsibility Supervision Model" was created, and through big data procuratorial supervision, 123 enterprises involved in the case were abnormally deregistered, and 31 clues of market entity malicious cancellation evasion of legal responsibility were identified. On November 24, 2023, the Xixia District Procuratorate, in response to regulatory loopholes discovered in prosecutorial supervision, jointly with the People's Procuratorate of Yinchuan City, delivered a prosecutorial recommendation letter to the Yinchuan Approval Service Management Bureau, urging it to revoke the deregistration of four maliciously deregistered enterprises verified, promote the formulation and improvement of three work systems by administrative law enforcement departments, and facilitate the smooth execution of a fine of 1.08 million yuan and an execution fee of 430000 yuan. At the same time, we will work together with departments such as the Yinchuan Municipal Procuratorate, the Human Resources and Social Security Bureau, and the Market Supervision Bureau to establish and improve a mechanism for regulating the linkage and information sharing of enterprise changes, cancellations, and cancellations, effectively promoting source governance. Breaking the shackles of the "case handling" mindset, adhering to the combination of punishment and governance, and promoting the healthy and orderly development of private enterprises are the consistent goals of the procuratorial organs at all levels in Ningxia to carry out "prosecutorial protection of enterprises". A series of practical measures have effectively promoted the transformation of work goals: carrying out the "hanging case" clearance work in criminal litigation involving enterprises on a regular basis, striving to transform the post supervision of "hanging case" clearance into pre supervision of source governance, and handling a total of 76 related cases; Carry out governance work for "shell companies", fully utilize big data procuratorial supervision models to enhance the effectiveness of purifying market entities, and issue 5 social governance procuratorial suggestions to promote relevant departments to perform their duties in accordance with the law; Orderly promoting the compliance reform of enterprises involved in the case, 28 cases were initiated for corporate compliance, of which 25 were subject to third-party supervision, inspection, and evaluation mechanisms, helping enterprises to embark on a healthy development path of operating in accordance with the law and regulations. "For technology enterprises like us, protecting core technologies and enhancing new quality productivity are essential for development." Wang Xin'an, Chairman of Ningxia Junci New Material Technology Co., Ltd., suggested strengthening judicial protection of intellectual property rights through multi-party cooperation and highlighting the protection of core technologies and well-known brands at the "Prosecutorial Protection of Enterprises" symposium of the Autonomous Region Procuratorate. The procuratorial organs in Ningxia have always actively responded to such judicial needs. The procuratorial organs at all levels in the entire region deepen law enforcement and judicial cooperation and build a full chain protection system for intellectual property rights through signing agreements, holding joint meetings, and jointly carrying out special actions. The People's Procuratorate of Shizuishan City actively establishes a docking mechanism with the intellectual property administrative department, regularly exchanges case information, and timely grasps clues related to intellectual property cases. The People's Procuratorate of Wuzhong City has carried out special actions around the protection of geographical indication certification trademarks such as "Yanchi Tanyang", "Tongxin Yuanzao", and "Qingtongxia Rice". They have visited relevant enterprises, worked together with administrative agencies such as the Market Supervision Administration, and jointly built a network of geographical indication certification trademark protection. The People's Procuratorate of Helan County has established a "judicial+administrative" protection model, conducted in-depth investigations and research on social governance issues discovered in the handling of intellectual property cases, urged administrative agencies to fulfill their administrative supervision responsibilities in accordance with the law, and assisted enterprises in plugging leaks and establishing systems. Multiple procuratorates in the entire region have established communication and contact mechanisms with local industry and commerce federations to timely understand the difficulties and pain points of enterprise rights protection, and expand the sources of clues. In addition, the third level procuratorates in the entire region have successively established intellectual property procuratorial offices (case handling teams), integrating the functions of the "four major procuratorates" to comprehensively protect intellectual property by building an integrated performance agency. Since 2023, the procuratorial organs in the entire region have concluded a total of 40 intellectual property cases, including 4 civil supervision cases, 21 criminal cases, 4 criminal incidental civil cases filed in accordance with the law, and 11 administrative public interest litigation cases. (Lai Xin She)
Edit：Ying Ying Responsible editor：Shen Chen
Source：http://www.legaldaily.com.cn
Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email：lwxsd@liaowanghn.com
Recommended Reading Change it 
Home
