Tag Archives: Highest check: It is forbidden to intervene in economic disputes by criminal means

Highest check: It is forbidden to intervene in economic disputes by criminal means

The Supreme People’s Procuratorate issued the Opinions on Enforcing the Procuratorial Function to Strengthen the Judicial Protection of Property Rights (hereinafter referred to as the “Opinions”). This 22-item “opinion”, from the entity to the form, from criminal to civil, outlined the protection of property rights in the prosecution link scale and red line. According to the “Opinions”, any decision, judgment, ruling or procuratorial organ that violates property rights and is unfavorable to economic development should be supervised and corrected according to law, and dare to swords.

The Opinions put forward specific requirements and work measures to strengthen the protection of property rights, and promote the formation of a multi-faceted procuratorial system, which is aimed at procuratorial, prosecution, duty crime investigation and prevention, criminal prosecution supervision, civil administrative procuratorial and prosecution appeal prosecution. Protection of property rights pattern. “Supreme Inspection Law and Policy Research Office, said Wan Chun.

Strict standards of crime and non – crime

Macheng City in Hubei Province, Ling and others led by a long-term evil gang dominate the market. They use illegal means such as the threat of violence monopoly of local stone waste transport operations, forced transactions.

For this suspected criminal cases, Hubei Province, Macheng City Procuratorate early intervention, guide the public security organs to investigate evidence, according to the timely approval of arrest Lingmou other six suspects, a strong blow to the lawless elements arrogance, clean up the enterprise development environment.

In recent years, the procuratorial organs have severely punished the crimes of evil forces, and further strengthened the judicial protection of the personal and property safety of non-public enterprises and non-public economic persons. At the same time, procuratorial organs also highlight the fight against property rights violations of the type of economic crime.

According to statistics, from January 2014 to November 2016, the national procuratorate prosecuted a total of 20,901 cases of financial management order cases 41,701 people, 37,545 cases of financial fraud 43,613 people, of which 2,530 criminal case-related criminal fund-raising fraud cases 3835, illegal Absorbing 12,660 cases of public deposits 28455 people.

“Procuratorial organs to the development of perspective to an objective view and properly handle the various types of enterprises since the reform and opening up, especially in private business development process there are some irregularities.” Wanchun pointed out that prosecutors in the handling of cases to strictly adhere to the ” Four principles “, namely, the crime of criminal law, the law is not retroactive, from the old and from the light, the crime from the non-principle, for the fact is unclear, the evidence is insufficient, the application of the wrong law wrong case wronged, resolutely corrected.

Strictly grasp the boundaries of the crime of property rights and non-crime standards, adhere to the principle of consistency between subjective and objective, to avoid an objective impeachment, which is the prosecution to strengthen judicial protection of property rights the focus of content. The Supreme People’s Procuratorate, the Supreme People’s Procuratorate, the Supreme People’s Procuratorate, the private enterprise production, management, financing and other economic activities, in addition to laws and administrative regulations expressly prohibited, not to treat criminals; for the property-related criminal cases are under way, if the legal and judicial interpretation is not clear, Boundary is unknown, crime and non-crime boundaries unclear, will not be treated as a crime.

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