着力构建遏制“趋利性执法”的司法屏障

Core Viewpoint - The Supreme People's Court issued a notification aimed at ensuring fair and just judicial practices in enterprise-related cases, addressing issues of cross-regional enforcement and local protectionism [2][3]. Group 1: Background and Context - Recent years have seen a rise in cross-regional enforcement actions, particularly targeting private enterprises registered in economically developed regions like Guangdong, Jiangsu, and Zhejiang [3]. - The increase in cross-regional criminal cases is linked to local fiscal pressures, leading to a tendency for local authorities to pursue financial gains through enforcement actions [3]. - The notification reflects a response to the growing concern over the misuse of judicial power and the need for institutional constraints on public authority [3]. Group 2: Legal and Institutional Measures - The notification emphasizes the need to refine jurisdictional rules for enterprise-related cases to curb opportunistic enforcement practices [4]. - New regulations specify that criminal cases should be handled by the police in the primary crime location, with clear guidelines for jurisdiction in cases involving multiple provinces [4]. - The notification mandates that jurisdiction should be based on legal principles, with exceptions for transfer or designated jurisdiction strictly regulated to prevent local protectionism [4]. Group 3: Implications for Business Environment - The notification aims to protect the legitimate rights and interests of enterprises, thereby improving the local business environment and restoring legal authority [5]. - The enforcement of these new jurisdictional rules is expected to mitigate the issues of arbitrary cross-regional enforcement, enhancing the overall legal framework for businesses [5].