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上海检察机关去年起诉企业内部职务侵占、挪用资金等1615人
Xin Lang Cai Jing· 2026-02-05 02:44
以办案落实平等保护。对商业贿赂、串通投标,企业内部职务侵占、挪用资金等犯罪起诉1615人,立案 反垄断和反不正当竞争领域公益诉讼22件。办理刑法修正案(十二)实施后本市首例民营企业高管非法经 营同类营业案,严惩企业"内鬼"另起小作坊、蚕食老东家。 以监督稳定企业预期。扎实开展违规异地执法和趋利性执法司法专项监督,对跨区域涉企案件实行逐级 备案审查,会同公安机关清理涉企"挂案"148件,依法变更涉企案件当事人强制措施32人,监督依法解 除、返还违法查封、扣押、冻结财产1400余万元,保障"无事不扰"、助力合规发展。 以治理维护市场秩序。针对部分企业恶意注销逃避法律责任,制发检察建议,推动完善监管机制,新修 改的《上海市优化营商环境条例》专设条款,长效根治"问题企业"脱壳避责。与市场监管等七部门联合 出台《关于依法治理牟利性职业索赔、职业举报行为的若干意见》,合力防范以打假为名、行牟利之 实。 智通财经记者 李菁 2月5日,在上海市第十六届人民代表大会第四次会议上,上海市人民检察院检察长陈勇作2025年上海市 人民检察院工作报告。 2025年,上海检察机关助力一流营商环境建设,落实上海优化营商环境8.0版行动方案 ...
外国巨轮为何因中国法治更名(人民时评)
Ren Min Ri Bao· 2025-12-14 22:30
Group 1 - The core viewpoint emphasizes China's commitment to participating in international affairs as a responsible major power, utilizing the rule of law to enhance its global influence [1][4] - The report from the Supreme People's Court highlights the successful handling of a maritime case, showcasing China's judicial service and the respect for its legal system internationally, as evidenced by the renaming of a foreign vessel to "RESPECT" [1] - The annual case volume in maritime trials has increased significantly from 18 cases in 1984 to 34,400 cases in 2024, with a total of 88,000 foreign-related cases accepted, involving 146 countries and regions [1] Group 2 - The attractiveness and influence of China's rule of law stem from "equal protection," which ensures that both domestic and foreign enterprises' legal rights are safeguarded, fostering a stable market environment [2] - The establishment of the Urumqi court in the Xinjiang Free Trade Zone exemplifies "China speed," resolving an international trade dispute in just 45 days, demonstrating efficiency in legal processes [2] - The integration of mediation, arbitration, and litigation in Shanghai's international commercial dispute resolution platform offers a comprehensive online service, attracting more international parties to resolve disputes efficiently [3] Group 3 - The concept of "Eastern experience" in mediation is recognized internationally, with Chinese courts effectively utilizing this approach to resolve disputes, as seen in a ship collision case involving foreign parties [3] - The "14th Five-Year Plan" suggests accelerating the construction of a foreign-related legal system, reinforcing the rule of law as a foundation for high-level opening-up and providing new opportunities for global cooperation [4]
收拾了司马南之后,民营经济促进法实施了
Sou Hu Cai Jing· 2025-05-23 02:23
Core Viewpoint - The implementation of the "Private Economy Promotion Law" marks a significant step in the legal protection of China's private economy, addressing issues highlighted by the tax evasion case of public figure Si Manan, and symbolizing a dual calibration of law and morality [2][6]. Group 1: Legal Framework and Implications - The law provides systematic protection for the rights of private enterprises and their operators, explicitly prohibiting online insults and defamation, thus establishing a legal shield against rumors [3][4]. - It includes 78 articles aimed at reconstructing the ecosystem of the private economy, addressing issues such as the abuse of administrative or criminal means in economic disputes and establishing a mechanism for inter-regional law enforcement cooperation to curb local protectionism [4][5]. - The law introduces a nationwide negative list system for market access, ensuring that areas not on the list are open for entry, thereby eliminating hidden discrimination in bidding and government procurement processes [4][5]. Group 2: Economic and Operational Support - The law mandates that state agencies and state-owned enterprises adhere strictly to contract obligations, preventing delays in payments under various pretexts, and establishes a payment guarantee mechanism [5]. - It emphasizes the importance of smooth communication between government and enterprises, incorporating the concept of "clean and clear" government-business relations into the legal framework [5]. - The law supports private enterprises in leading major national technological initiatives, opens up major research infrastructure, and strengthens punitive damages for intellectual property rights violations, aiming to enhance the innovative potential of private enterprises [5]. Group 3: Challenges and Future Outlook - Despite the law's significance, its effective implementation faces challenges, including potential resistance from local governments due to entrenched interests and path dependencies [5]. - The governance structure of small and medium-sized enterprises may hinder the law's effectiveness, necessitating supportive policies to enhance compliance awareness [5]. - The ongoing influence of "flow-based" business practices requires continued efforts to combat the "patriotic business" industry chain and promote a rational public perception of the social value of private enterprises [5][6].