On July 24 morning, save thirteenth of standing committee of 13 National People's Congress second conference holds couplet group meeting, it is better to discuss procuratorate of province court, province to promote civilian battalion economy about strengthening judicatories of pair of civilian battalion enterprise to ensure develop the report of the circumstance and begin special subject inquiry. This is to save standing committee of National People's Congress to begin special subject to enquire to the judiciary first. Court of province procuratorate, province discloses, future will be established " catch less careful catch " concept, be suspected of crime to controller of civilian battalion company " can not catch the policy apt that can not catch " , all-around the law consciousness that promotes complete province civilian battalion business and lawfully force of dimension powers and functions, drive have management value the annex of civilian battalion enterprise recombines and debt clears. Province Public Security Department and province judicatory hall disclose, will to be detained civilian battalion entrepreneur offers more to handle business work to facilitate.
To experience case of civilian battalion entrepreneur " catch less careful catch "
Committee member of standing committee of province National People's Congress, law is versed in appoint director Li Baiyang is aimed at top people procuratorate to ever emphasized for many times, conduction experience should prevent when case of civilian battalion company " form guilt is caught namely " , " caught " launch an inquiry. He is mentioned, when some judicatory personnel are handling the case that involves civilian battalion entrepreneur, perhaps dare not be willing the coercive measures of sex of applicable blame detain, a few can catch what can not catch civilian battalion entrepreneur was arrested, some even by " close after all " .
Response of Lin Yi shadow weighs province procuratorate chief procurator, this is the problem that height of social all circles pays close attention to, the mechanism of a few procuratorial work of Guangdong exists really examining in arresting a process, consider to whether make crime only, whether does less consideration have apprehension necessity, to form guilt approve commonly catch. And some places are in batch after catching, did not start detain necessity in time to examine, bring about guilty suspect to detain to try level all the time.
The mature sex of the limitation of concept of judicatory of this be enslaved to be enslaved to and relevant mechanism. Shadow analysis weighs Lin Yi, the part handles a case inquisitor judicatory concept has not transform completely, "Especially ' protect serious blow, gently ' the thought is confirmed, not dare, the coercive measures that is not good at sex of applicable blame detain " . Some procuratorial work mechanism consider litigant risk too much, because handle a case,depend on detain pressure is great and easily to ensure handle a case. In the meantime, measure of await trial of be bailed out had be notted develop due action, relevant mechanism is not quite perfect, bring about practice the effect is not apparent.
Lin Yi film shows, next will firm establish " catch less careful catch " concept, investigate apprehension necessity condition seriously, be suspected of crime to controller of civilian battalion company, can not catch the policy apt that can not catch. Have truly arrest necessary, pay attention to in batch after catching, seasonable attention investigates progress case, necessity of the timely detain that start is examined. Can appeal to what can not appeal to, policy apt does not appeal to.
To be detained civilian battalion entrepreneur is offerred
Processing company work is convenience
Plum of snow of Hou of chief scientist of academy of company of group of medicine of committee member of standing committee of province National People's Congress, Li Zhu is told, of enterprise of a lot of civilian battalion run organization of individual of main support entrepreneur to drive, negotiation of a lot of business, autograph needs his oneself to be finished personally about. Civilian battalion entrepreneur is in experience case to the detention house detains or be during prison serve a sentence, need detention house or jail provide the requirement that handles business work for its lawfully, otherwise of the enterprise run normally will be affected badly.
To this, save deputy hall of Public Security Department to grow Huang Shouying explanation to say, the operator of civilian battalion business that is detained to be in a detention house basically gets " coercive measures " and " arrest battle and set term of imprisonment " , former the measure that is limitative person freedom, latter is privative its person is free. "In person freedom is restricted or bereft circumstance falls, the requirement that has work of normal processing company hard " , he says. Judicatory hall office grows Ceng Xiang land to also express, in the operator of civilian battalion business of prison serve a sentence, the case with public security detention house is similar.
Huang Shouying points out, current, guangdong in a few detain the detention house with more operator of civilian battalion business introduced express to send a service, handle critical business work to offer advantage for its. In the meantime, the operator of civilian battalion business that needs processing to having business work truly, also arrange in time by the regulation interview. Ceng Xiang land is mentioned, in the operator of civilian battalion business of prison serve a sentence, can wait to handle business work for you through relative, partner, also can pass telephone call kissing affection, interview wait for a way, entrust the indirect ground such as relative, lawyer to handle business work.
How to offer corresponding convenience condition for entrepreneur of this kind of civilian battalion further? Huang Shouying expresses, mechanism of complete province public security will be inside legal provision limits, step is taken below the premise that protects security truly, legal system and policy support are perfected on legislative level, drive " detention house law " come on stage. Ceng Xiang land also points out, besides strive for policy support, will interview in the jail room advance civilized window construction, perfect interview facilities of place, facilities and other and necessary safeguard step, popularize intelligence to interview administrative system even, pass " save trouble of another name for Guangdong Province " , offer more convenience net to go up to interview a function to wait a moment about beforehand.
Consciousness of law of promotion civilian look forward to and lawfully force of dimension powers and functions
Be aimed at not little civilian battalion company, especially in small the legal idea of civilian battalion enterprise compares consciousness of thin, law of hazard of not strong, law be on guard the ability that ability and ego of use use statute protect is insufficient wait for a problem, committee member of standing committee of province National People's Congress, society appoint Xu Guang of chairman committee member puts forward an inquiry to procuratorate of province court, province, how guide and help civilian battalion enterprise enhance legal consciousness, raise legal accomplishment, lawfully sincere letter is managed, the civilian battalion company that allows Guangdong can be healthy apace grows, expand.
Zhong Jianping of standing assistant dean shows province court, from the point of judicatory practice, the case such as the leasehold dispute of enterprise of experience civilian battalion, contract dispute, shareholder issue, labor dispute dispute showed rapid growth trend to also show this.
He is mentioned, in recent years, province court is released strengthen judicatory of civilian battalion economy to protect 10 big case, the opinion that produces judicatory judgment adequately is how-to function. In the meantime, with the province federation of industry and commerce signs development of business of service civilian battalion to expand cooperative framework agreement, service collaboration work develops in much territory; Associated judicatory service enters a business, enterprise of help civilian battalion is perfect processing structure, perfect administrative system, be on guard legal hazard, promote civilian battalion business lawfully decision-making, manage lawfully, manage lawfully, lawfully thought fors the time being. "Enter a business through law especially, through ' two small one aspect of the matter ' , channel and the carrier such as net of juridical copy clerk undertake general law is publicized, strengthen civilian battalion business law consciousness, promote manage lawfully " .
He expresses, complete province court will pass lawsuit how-to, case is released, a variety of means such as system safeguard, enhance law consciousness for civilian battalion enterprise, rise lawfully force of dimension powers and functions provides support. Among them, use the platform such as judicatory big data, the analysis grinds the hazard of of all kinds law that sentences presence of civilian battalion business, with judicatory the form such as forum of proposal, investigation report, white paper, law puts forward improvement to manage, the opinion proposal that perfect managing, enterprise of assistance civilian battalion builds perfect interior to administer a mechanism, be on guard dissolve legal hazard.
"Hold concurrently more as far as possible recombine, little go bankrupt liquidation "
Delegate of province National People's Congress, standing committee supervises judicatory to consult an expert, guangdong Wei human relations virgin copartner Ceng Xuezhi speaks of attorney office, current, below the situation that faces industry competition, having a few is temporary difficulty, but get used to market competition need, have the market prospect, company that has economic value. The adjudgement that they need a court this one " the surgery of bring the dying back to life " , is not to be thrown into what go bankrupt directly " crematory " .
Answer how to rescue them to this kind of enterprise, is implementation various win-win? Gong Jia of province court dean stands express, go up from law in light of, market main body has into have going out is the normal state that market economy runs. And increase in pressure of current economy be issued to lower levels, industrial structure profundity is adjusted wait for setting to fall, "The case that partial company changes because of incommensurate external environment or manages not to be pooh-poohed to exit the market is likely grow in quantity " .
He points out, going bankrupt in case cognizance process, province court manages reforming cure company as far as possible, become " fall ill the hospital of the enterprise " . For example, going bankrupt to Shenzhen halcyon aviation in case cognizance process, use judicatory net to pat first online auction clinchs a deal 3 Boeing 747 planes, to go bankrupt belongings deals with commercialize, internationalization explored new feasible way.
He expresses, next, complete province court will continue to hold to " as far as possible much annex recombines, little go bankrupt liquidation " principle, drive actively have management value the annex of civilian battalion enterprise recombines and debt clears, implementation debt pay off and enterprise save photograph band. Include among them: Cooperate with actively administrative function branch is become of good reforming enterprise " doctor " and " baby-sitter " , drive build much branch to normalize business failure to coordinate linkage mechanism, strengthen management of reforming company revenue, duty to expend policy to coordinate with credit rehabilitate, encourage guide outside company to support for reforming company fund, the person that ensure capital to offer through program setting is lawful rights and interests.
Atelier of a building manufactures
Interview and write: South Chen Ziquan of of trainee of of reporter Mo Zhihua
Reporter holds the post of announce
