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最高检确定2026年法律政策研究重点工作,涉刑诉法修改、涉外法治等
Xin Lang Cai Jing· 2026-02-27 03:58
Core Viewpoint - The Supreme People's Procuratorate of China will focus on five key areas in legal policy research for 2026, aiming to enhance the quality and effectiveness of legal policy support for procuratorial supervision [1][2]. Group 1: Legislative Research - The procuratorial agencies will strengthen legislative research and argumentation, particularly around amendments to the Criminal Procedure Law, to enhance the effectiveness of procuratorial supervision [1][2]. - There will be a focus on tracking legislative developments related to the Prison Law and Environmental Law, with timely legislative suggestions being proposed [1]. Group 2: Judicial Interpretation - The procuratorial agencies will deepen judicial interpretation work, emphasizing the principles of legality, proportionality, and the unity of law and justice [2]. - There will be a targeted approach to judicial interpretation, focusing on high-quality, efficient interpretations that align with the central government's directives and public welfare [2]. Group 3: Procuratorial Reform - The procuratorial agencies will advance reforms to improve institutional mechanisms, ensuring that judicial responsibility systems are implemented and that the powers and responsibilities of prosecutors are clearly defined [2]. - Efforts will be made to establish a jurisdictional system that aligns with the operational rules of procuratorial work, enhancing overall efficiency [2]. Group 4: Case Guidance Improvement - The procuratorial agencies will improve case guidance by focusing on both the quality and quantity of case studies, ensuring timely and effective dissemination of case information [3]. - There will be an emphasis on selecting and interpreting exemplary cases to support judicial practice and enhance the educational role of these cases [3]. Group 5: Special Work Initiatives - The procuratorial agencies will strengthen special work initiatives, particularly in international law and foreign legal risks, to align with the central government's strategic decisions [3]. - There will be a focus on conducting specialized research and theoretical studies to support the implementation of major decisions from the central government [3].
精准发力、高质效履职,护航中国企业逐浪国际舞台
Sou Hu Cai Jing· 2026-02-25 17:06
Core Viewpoint - The article emphasizes the importance of enhancing legal services for Chinese companies operating internationally, highlighting the role of the judiciary in protecting their rights and interests abroad [2]. Group 1: Legal Support for Overseas Operations - The Supreme People's Procuratorate has called for active participation in creating a market-oriented, law-based, and international business environment to protect the legal rights of Chinese citizens and enterprises overseas [2]. - The article showcases the innovative practices of procuratorial agencies in regions like Zhejiang, Shanghai, and Jiangsu in areas such as maintaining corporate reputation abroad, combating cross-border corruption, and protecting trade secrets [2]. Group 2: Case Study of Corporate Misconduct - A case involving a trade company from Wenzhou illustrates the challenges faced by companies abroad, where an employee embezzled funds amounting to 1,116,000 tenge (approximately 148,000 RMB) [3]. - The employee, after being apprehended, expressed remorse and agreed to fully compensate the company for its losses, demonstrating the potential for resolution through legal intervention [5]. Group 3: Protection of Trade Secrets - The article discusses a case involving a new energy vehicle company, X, where an employee leaked sensitive information to an overseas entity, highlighting the risks of commercial espionage as companies expand internationally [9]. - The procuratorial agency implemented a comprehensive protection mechanism for trade secrets, collaborating with various departments to ensure robust oversight and cooperation [10]. Group 4: Intellectual Property Protection - The case of a company named Cool Fun illustrates the challenges of intellectual property theft, where a former employee registered a competing brand and sold counterfeit products, resulting in sales of over 3.59 million RMB [15]. - The judicial response included criminal charges for trademark infringement, emphasizing the need for strong legal frameworks to protect brands as they enter global markets [17]. Group 5: Legal Risk Management Initiatives - The Jiangsu Provincial Procuratorate has been proactive in helping companies identify legal risks and providing guidance on legal rights and protections for businesses venturing abroad [20]. - Initiatives such as the "Free Trade Procuratorial Salon" have been established to educate over 200 companies on legal risk prevention, demonstrating a commitment to supporting enterprises in their international endeavors [20].
涉外法治视域下促进制度型开放
Xin Lang Cai Jing· 2026-02-24 23:26
Group 1 - The core viewpoint is that China's approach to opening up is transitioning from a traditional model focused on the flow of goods and factors to a "systemic" model that emphasizes rules, regulations, management, and standards [2] - Systemic opening aims to eliminate "behind-the-border barriers" and create a regulatory system aligned with international norms, marking a significant shift in China's foreign trade strategy [2] - Expanding systemic opening is crucial for deepening reforms and advancing China's modernization, embedded within the overall framework of foreign-related rule of law [2] Group 2 - Achieving systemic opening requires a focus on systematic integration, internal and external coordination, and the promotion of rules, alongside the need for coordinated reform and legal frameworks [3] - The approach emphasizes aligning with high-standard international trade rules to improve foreign-related legislation and optimize the business environment [3] - There is a need to enhance the credibility of foreign-related judicial processes and develop high-quality legal talent to support the construction of a systemic opening framework [3]
“检察蓝”守护“金枢纽”
Xin Lang Cai Jing· 2026-02-24 23:26
Core Viewpoint - The article emphasizes the importance of enhancing foreign-related legal work to support high-level opening-up and the Belt and Road Initiative, particularly in Yiwu, a key logistics hub and global trade center, by establishing a specialized and systematic foreign-related prosecution system to safeguard enterprises going global [4][5]. Group 1: Legal Support for Cross-Border Trade - Yiwu's export volume is projected to reach 730.7 billion yuan by 2025, with trade radiating to over 230 countries and regions [4]. - The Yiwu Municipal Procuratorate is actively addressing legal issues in cross-border trade, focusing on contract fraud and standardizing transaction processes [5]. - The prosecution office has identified and rectified five categories of risks in international logistics and cross-border e-commerce, ensuring smooth operation of the "Yi Xin Ou" China-Europe freight train [5][6]. Group 2: Financial Crime Prevention - The Yiwu Municipal Procuratorate is combating illegal cross-border payment crimes, which have diversified and professionalized in recent years, to maintain the safety of international trade funds [5][6]. - A specific case involved a suspect illegally processing over 100 million yuan through shell companies and fictitious transactions, leading to a crackdown on such financial crimes [6]. Group 3: Intellectual Property and Overseas Protection - The Yiwu Municipal Procuratorate is enhancing intellectual property protection for enterprises going abroad, successfully resolving trademark infringement issues and facilitating trademark transfers [7]. - The office is also addressing personal safety concerns for overseas Chinese citizens, intervening in cases of abduction and ensuring legal rights are upheld [7]. Group 4: Risk Management and Legal Guidance - The Yiwu Municipal Procuratorate has developed a "Guide for Enterprises Going Abroad" to help businesses identify and mitigate high-frequency risks associated with international contracts and local laws [8]. - The establishment of a comprehensive legal service system includes setting up foreign-related prosecution liaison stations to provide one-stop services for foreign businesses and enterprises [9]. Group 5: Continuous Improvement and Communication - The Yiwu Municipal Procuratorate is releasing white papers on foreign-related intellectual property and financial crimes, offering comprehensive risk management strategies and establishing communication platforms with enterprises [10].
护航中国企业逐浪国际舞台
Xin Lang Cai Jing· 2026-02-24 23:26
Core Viewpoint - The article emphasizes the increasing participation of Chinese enterprises in the global market, highlighting the need for enhanced legal frameworks to protect their interests abroad [1] Group 1: Legal Framework and Internationalization - The Supreme People's Procuratorate has issued opinions to strengthen foreign-related prosecutorial work, aiming to create a market-oriented, law-based, and international business environment [1] - The focus is on safeguarding the legal rights of Chinese citizens and enterprises overseas, addressing challenges and opportunities in international expansion [1] Group 2: Regional Practices and Innovations - The article showcases practical and innovative measures taken by procuratorial agencies in regions like Zhejiang, Shanghai, and Jiangsu, particularly in areas such as maintaining corporate reputation abroad, combating cross-border corruption, and protecting commercial secrets [1] - It illustrates how the procuratorial system is effectively supporting Chinese enterprises in their international ventures [1]
以高水平中央法务区建设为牵引 护航青岛高质量发展
Qi Lu Wan Bao· 2026-02-11 09:07
Core Viewpoint - Qingdao is innovatively establishing a "Central Legal Zone" with a framework of "Four Zones and One Platform" to support high-quality development, recognized as a national model for optimizing the business environment and legal governance [1][2]. Group 1: Construction and Planning of the Legal Zone - The Central Legal Zone is designed to align with national strategies such as the Shanghai Cooperation Organization (SCO) demonstration area and the Free Trade Pilot Zone, with the release of the first national standards for construction and management [1]. - A comprehensive plan has been issued by the municipal government, focusing on a matrix layout for four legal zones and a digital legal platform, with ongoing work arrangements for the "Four Zones and One Platform" initiative [1]. - The establishment of a dedicated Party committee and secretariat for the Central Legal Zone aims to facilitate integrated and effective governance [1]. Group 2: Resource Aggregation in the Legal Zone - The legal zone has attracted 108 legal institutions, including international commercial courts and intellectual property courts, providing a one-stop service for legal consultations and dispute resolution [2]. - An online application platform has been developed, incorporating over 20 service scenarios and utilizing AI tools to offer 24/7 multilingual legal assistance, generating over 3,500 legal documents for 22,000 users [2]. - A collaborative training base for legal professionals has been established, with 280 arbitrators skilled in international trade disputes and significant representation in national legal talent pools [2]. Group 3: Legal Effectiveness and Service Enhancement - The legal zone has established a digital platform for resolving foreign-related commercial disputes, achieving a 15% increase in the settlement rate of such cases [3]. - A "Maritime Law Alliance" has been formed to support marine strategies, identifying over 1,000 risks for enterprises venturing abroad, with Qingdao's global ranking in maritime shipping rising to 13th [3]. - The financial legal zone has integrated resources from 48 departments to create a comprehensive risk management system, successfully addressing 531 risky enterprises and recovering 1.127 billion yuan [3].
反制裁检察新书在京亮相
Xin Lang Cai Jing· 2026-01-28 00:15
Core Viewpoint - The publication of the book "New Perspectives on Foreign-related Rule of Law: The Role and Function of Prosecutorial Agencies in Countering Sanctions" marks a significant step in enhancing the legal framework and mechanisms for prosecutorial involvement in countering foreign sanctions in China [2][3]. Group 1: Book Overview - The book consists of an introduction and six chapters that discuss the legitimacy of prosecutorial participation in countering sanctions, interpret relevant legal norms, and analyze case studies to provide empirical reasoning for the involvement of prosecutorial agencies in specific areas and methods of countering sanctions [3]. - It also reviews experiences from prosecutorial agencies in various countries and regions, exploring innovative points and breakthroughs in the prosecutorial functions related to countering sanctions, structured around the "Four Major Prosecutorial Functions" [3]. Group 2: Implementation and Research Focus - The Beijing Municipal Prosecutor's Office has prioritized the construction of a prosecutorial work mechanism for implementing the Foreign Sanctions Law as part of its 2025 theoretical research agenda, in line with the directives from the 20th Central Committee of the Communist Party of China [2]. - The collaboration between the Dongcheng District Prosecutor's Office and China University of Political Science and Law has been instrumental in the research that led to the book's publication, which is included in the "Foreign-related Rule of Law Library" [2]. Group 3: Academic Discussion and Future Directions - During the academic seminar, participants engaged in discussions on enhancing theoretical research in foreign-related rule of law, building an independent knowledge system for Chinese prosecutorial studies, and improving the capacity of prosecutorial agencies in foreign-related legal matters [4]. - The publication of the book is seen as a crucial measure for the Beijing Municipal Prosecutor's Office to implement Xi Jinping's thoughts on the rule of law and to advance the construction of a foreign-related legal system in China [3].
专访广州市司法局局长邓中文:将扩大来穗执业港澳律师等队伍
Nan Fang Du Shi Bao· 2026-01-20 00:44
Core Viewpoint - Guangzhou has been recognized as a national model city for the construction of a rule-of-law government, being the only city to rank in the top five for nine consecutive evaluations in China, enhancing the development of a law-based Guangzhou [1][5]. Achievements - During the "14th Five-Year Plan" period, Guangzhou focused on creating a law-based environment to support high-quality development, achieving significant results such as being awarded the national model city for rule-of-law government [5]. - The city has enacted and modified 98 regulations and rules to support high-quality development, particularly in key areas like Nansha's development, youth innovation, and emerging sectors such as low-altitude economy and intelligent connected vehicles [5]. - Guangzhou established the first "Entrepreneur Legal Observation Group" and the first enterprise compliance inspection center in the country, enhancing channels for supporting enterprises [5]. - The city has built 3,152 public legal service entities, providing 928,000 services since 2021, with a 73% increase in services provided in 2025 compared to 2020 [6]. Future Plans - In the "15th Five-Year Plan" period, Guangzhou aims to enhance its status as a modern law-based city, focusing on three main areas: 1. Deepening the construction of a law-based government and optimizing the business environment, including legislative planning for new sectors like artificial intelligence and biomedicine [7]. 2. Improving legal service efficiency and strengthening legal guarantees, including the development of a modern legal service system and enhancing public legal service platforms [7]. 3. Strengthening foreign-related legal construction and deepening cooperation in the Guangdong-Hong Kong-Macao Greater Bay Area, including the establishment of a special plan for foreign-related legal services [8]. Legislative Focus - Guangzhou will prioritize legislation in emerging industries such as artificial intelligence, brain-computer interfaces, and new energy storage, aiming to create a responsive mechanism for new fields [10]. - The city will balance innovation and safety in the digital economy, addressing regulatory bottlenecks to unleash the value of data elements [10]. Cooperation Initiatives - The city plans to enhance legal cooperation with Hong Kong and Macao, establishing a high-level legal framework to support the development of an international first-class bay area [11]. - Efforts will be made to deepen legislative and judicial cooperation, including the establishment of a talent exchange program for high-end foreign-related legal professionals [14].
民航局国际合作服务中心:以高质量发展服务民航高水平对外开放
Core Viewpoint - The Civil Aviation Administration of China (CAAC) is focusing on high-quality development and international cooperation in the aviation sector as it plans for 2026, emphasizing the integration of party leadership and reform initiatives [2][5]. Group 1: Achievements and Progress - The "14th Five-Year Plan" period is significant for the center, with enhanced capabilities in serving the CAAC and steady progress in the "Belt and Road" cooperation platform [3]. - The center successfully completed tasks such as the 42nd International Civil Aviation Organization (ICAO) Assembly and improved the support for official overseas travel [3][5]. - The establishment of a legal research alliance in international aviation law and participation in revising the Civil Aviation Law highlight the center's role as a think tank [3][5]. Group 2: 2026 Work Focus - The center's work in 2026 will focus on five key areas: scientific planning and reform for high-quality development, leveraging platform roles for the "Belt and Road" initiative, enhancing foreign airline service functions, building a legal think tank for aviation, and promoting high-quality party development [6]. - The center aims to create a "small but beautiful, small but excellent, small but strong" brand image while implementing the "15th Five-Year Plan" [6].
以高质量法治保障高质量发展 市委全面依法治市工作会议暨委员会(扩大)会议举行
Jie Fang Ri Bao· 2026-01-14 01:58
Group 1 - The meeting emphasized the importance of implementing Xi Jinping's rule of law thought to enhance the legal framework in Shanghai, aiming for high-quality development through effective legal governance [1][4] - The focus is on strengthening high-quality legal supply to promote reform, development, and good governance, particularly in creating a market-oriented, law-based, and international business environment [2] - There is a commitment to improving administrative law enforcement standardization, ensuring precise enforcement, and stabilizing enterprise expectations to invigorate market vitality [2][3] Group 2 - The meeting highlighted the need to enhance judicial quality and credibility, with a focus on addressing public concerns regarding illegal activities and strengthening the connection between law enforcement and judicial processes [3] - It was noted that adapting to high-level opening-up requirements is essential for building a strong legal environment for foreign-related matters, including improving judicial protection mechanisms for businesses operating abroad [3] - The importance of utilizing legal thinking and methods in governance was stressed, with an emphasis on enhancing grassroots legal capabilities and engaging the public in legal construction [3][4]