刑事诉讼法修订

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21专访|人大教授陈卫东:刑诉法修订应与民营经济促进法“双向奔赴”
2 1 Shi Ji Jing Ji Bao Dao· 2025-06-19 15:00
Core Viewpoint - The increasing importance of the private economy in China's economic development is highlighted, with significant contributions to tax revenue, GDP, technological innovation, and urban employment. However, private enterprises face legal risks, particularly regarding property rights protection. The implementation of the Private Economy Promotion Law in May 2025 and the upcoming revision of the Criminal Procedure Law are critical for enhancing legal protections for private enterprises [1][3]. Group 1: Legal Framework and Reforms - The Private Economy Promotion Law systematically addresses property protection for private enterprises, particularly in relation to criminal proceedings, marking a significant advancement in legal protections [3][4]. - The upcoming revision of the Criminal Procedure Law is crucial, as it must align with the Private Economy Promotion Law to ensure effective implementation of protective measures for the private economy [3][4]. Group 2: Addressing Law Enforcement Issues - The term "ocean fishing" refers to opportunistic law enforcement practices, which have raised public concern. The Private Economy Promotion Law includes provisions to prevent abuse of power in cross-regional law enforcement [5][6]. - Recommendations for establishing a "main crime location" jurisdiction principle and improving the jurisdiction objection system are proposed to address the challenges posed by expanding definitions of crime locations, especially in the context of increasing cybercrime [5][6]. Group 3: Supervision and Oversight - Strengthening case filing supervision is essential to prevent the misuse of criminal measures in civil disputes. Current laws need to be amended to include oversight for cases that should not be filed but are [7][8]. - A mechanism for regular case review is suggested to address the issue of prolonged unresolved cases that hinder normal business operations [8]. Group 4: International Legal Protections - As Chinese enterprises expand overseas, they face risks from differing international laws and increasing long-arm jurisdiction. The Private Economy Promotion Law emphasizes the need for a robust legal framework to protect overseas interests [9][10]. - Recommendations include enhancing judicial protection for overseas enterprises and empowering legal institutions to counter foreign sanctions and long-arm jurisdiction [9][10].
“一个案子拖垮一家企业”有望终结!刑诉法修订进入关键期
2 1 Shi Ji Jing Ji Bao Dao· 2025-06-18 13:37
Core Viewpoint - The phenomenon of a single case collapsing an enterprise is gaining significant attention from various sectors, with the implementation of the Private Economy Promotion Law in May 2025 emphasizing the protection of private enterprise property rights [1] Group 1: Legal Reforms and Challenges - The fourth revision of the Criminal Procedure Law is seen as a crucial opportunity to address the judicial procedural challenges in protecting private enterprise property rights [1] - Current issues in handling criminal cases involving enterprises include excessive enforcement actions, such as cross-regional law enforcement and indiscriminate asset seizures, leading to a "shock" effect on businesses [1][2] - Experts suggest establishing a jurisdiction objection procedure and enhancing the supervisory role of the prosecution to ensure proper enforcement [2][3] Group 2: Asset Disposal Issues - The lack of clear legal definitions often results in the indiscriminate seizure of both legal and illegal assets, severely impacting business operations [4] - A notable case involved a port terminal that suffered significant losses due to the freezing of its assets amid a smuggling investigation, highlighting the need for clearer standards in asset classification [4] - Challenges in asset disposal include difficulties in distinguishing between legal and illegal assets, procedural conflicts in handling mixed funds, and stagnation in asset disposition due to unclear ownership [5] Group 3: Digital Asset Risks - The rise of the digital economy has led to the emergence of data as a critical asset, with the market for data assets expected to exceed 200 billion yuan by 2025 [7] - The unique nature of data assets presents challenges in legal protection, including inadequate preservation measures, lack of valuation frameworks, and insufficient procedural guidelines for asset disposal [7] - The handling of virtual currencies poses additional complexities due to their anonymous and decentralized characteristics, leading to significant legal and technical challenges in asset management [8][9] Group 4: Innovative Solutions - Recent developments in Beijing have introduced a new mechanism for the disposal of virtual currencies, involving collaboration between law enforcement and trading platforms to ensure compliance and efficiency in asset management [10][11]