SPP Calls for Earnest Performance of Legal Supervision Functions to Serve SOE Reform

This report written by Our Staff Reporter Wu Jing reads as follows:

At the news briefing it held on October 28, the Supreme People's Procuratorate (SPP) published the Opinion of the Supreme People's Procuratorate Concerning Conscientious Implementation of the Spirit of the Fourth Plenary Session of the 15th CPC Central Committee to Serve the Reform and Development of State-Owned Enterprises, calling on procuratorial organizations at all levels nationwide to earnestly perform legal supervision functions, actively explore new ways, new methods and new moves to serve the reform and development of State-owned enterprises (SOEs), legally attack criminals, protect innocent persons, support reformers, redeem delinquents, educate blunderers and strive to guarantee and promote the reform and development of SOEs.

According to Zhang Qiong, deputy procurator-general, the guidelines set forth by the Opinion for procuratorial organizations to serve the reform and development of SOEs are "first, attacking; second, strengthening; and third, protecting", i.e., guided by the spirit of the Fourth Plenary Session of the 15th CPC Central Committee, comprehensively displaying the functional role of procuratorates, legally attacking various kinds of criminal activities that jeopardize the reform and development of SOEs, tightening law-enforcement supervision, strengthening the work of preventing crimes, protecting the security of State-owned assets, protecting the legal rights and interests of SOEs, protecting the enthusiasm for reform and innovation as exhibited by SOEs' operators and managers and workers and staff members, thereby creating a good legal environment for the reform and development of SOEs..

In terms of giving full play to the supervision functions of procuratorates to serve SOEs, the Opinion sets forth the following demands on procuratorial organizations at all levels:

Legally attacking various types of of crimes, thereby providing a good legal environment for the reform and development of SOEs. Procuratorial organizations should resolutely investigate and deal with criminal cases occurred in SOEs, such as graft, bribery, embezzlement of public funds and secret division of State-owned assets, preventing the loss of State-owned assets; it is necessary to closely coordinate with public security, court and other departments to severely crack down on the criminal activities, such as smuggle and trafficking in smuggled goods, the manufacture and sales of fake and shoddy commodities and defrauding State-owned assets, guaranteeing the safety of the State-owned economy; it is imperative to seriously investigate and deal with criminal cases, such as judicial personnel and administrative law executors who take bribes and bend the law, as well as State functionaries who neglect duties, abuse functions and powers, play favoritism and commit irregularities and thus seriously harming the interests of SOEs.

Strengthening law-enforcement supervision and protecting the lawful rights and interests of SOEs. It is necessary to intensify efforts for legal supervision over the trial of civil affairs and administrative lawsuit, with regard to civil and administrative judgments that have come into effect but do contain mistakes, particularly judgments that pervert the law caused by local protectionism or judicial corruption, a timely protest against the court judgments should be lodged according to law to prevent the loss of State-owned assets and guarantee the normal production and operation of SOEs.

Strengthening the work of preventing crimes, expediting the establishment and perfection of supervision and management mechanisms in SOEs. In connection with the handling of cases and law-enforcement supervision, it is necessary to make conscientious analysis and study of the problems existing in enterprise production, operation and management, put forward timely procuratorial proposals, helping enterprises in readjusting and establishing rules and regulations, blocking loopholes, and preventing and reducing cases of crimes. It is imperative to explain law through concrete cases, strengthen law publicity and legal education in SOEs and enhance the legal concept of the employees of SOEs. It is essential to take the initiative to go deep into enterprises which witness frequent occurrence of cases and the sites of key construction projects, and to launch a campaign to prevent crimes in enterprises and special projects. It is necessary to make analysis and study of the characteristics of cases occurred in SOEs, put forward preventive countermeasures and make timely reports to Party committees and people's congresses and report to governments and departments in charge of enterprises, give full play to the role as advisors and promote the establishment and perfection of mechanisms for preventing crimes.

Correctly implementing policies and acting strictly according to law. While investigating and dealing with criminal cases concerning SOEs, it is essential to adhere to the principle of taking facts as the basis and law as the criterion to guarantee case-handling quality and ensure that cases are handled strictly according to law. It is necessary to organically unify legal effect with social effect and economic efficiency in the handling of cases. With regard to SOE staff proved to be wrongly and falsely accused through investigation, it is necessary to make timely clarification of rights and wrongs.

Enforcing strict case-handling discipline, persisting in executing law in a civilized manner, strictly observing discipline in handling cases, rigorously prohibiting the abuse of procuratorial functions and powers for eating, taking, withholding and accepting things. In the course of handling cases, attention should be paid to safeguarding the reputation and normal production and operation order of SOEs.


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