In order to further optimize the business environment ruled by law and comprehensively improve the level of procuratorial support for the construction and development of the Pilot Free Trade Zone, the Dalian Free Trade Area and the Dalian Development Zone Procuratorate have taken the lead in creating a new three-dimensional service guarantee model of "three modernizations and three +" free trade procuratorial services, and continue to explore Improve and service guarantee the business development path of various market entities, optimize the procuratorial measures for stabilizing enterprises, promoting industries, and ensuring employment, and provide high-quality and efficient judicial services for creating a first-class business environment in the area.
1. Main practices
(1) Standardization + procuratorial services
First, establish a contact point in the district. Select a dedicated team with good political quality, proficiency in relevant laws, and familiarity with international practices and prevailing rules, establish a "green channel" for fast handling of enterprise-related cases, and issue procuratorial proposals to help enterprises plug leaks and establish systems. Actively explore the "simplified procedures" for the compliance of small and micro enterprises involved in the case.
The second is to establish an integrated work system for inspection and free trade. Give full play to the integrated functions of the "four major prosecutors" of criminal, civil, administrative, and public interest litigation, focus on institutional innovation, and pay close attention to corporate services, and build and form a procuratorate with the focus on protecting "institutional innovation, financial opening, intellectual property rights, and foreign-related enterprises" Protect the free trade integration work system.
The third is to carry out the activity of "sending laws to enterprises". Actively assist the development of enterprises in the Free Trade Zone, conduct risk assessments on the appeals, opinions and suggestions of key enterprises, and enterprise-related cases, and provide legal risk prevention and control tips for enterprises' production and operation activities in combination with case handling.
(2) Integration + platform collaboration
First, create a legal service guarantee platform. Establish a normal communication mechanism between the government, the inspection and the enterprise, open a "green channel" for entrepreneurs to seek judicial relief for their legitimate rights and interests, quickly handle cases or appeals involving enterprises, and ensure that every case has an echo.
The second is to create a platform for "connection of the two laws". Strengthen cooperation with functional departments such as public security, courts, customs, and market supervision in the region, realize the orderly connection and interconnection of relevant law enforcement information of administrative agencies and legal supervision data of procuratorial agencies, and break through data barriers.
The third is to build a free trade zone prosecutorial cooperation platform. Strengthen communication and contact with a number of procuratorial agencies in Shanghai, Tianjin, Chengdu, Sichuan and other places that undertake free trade procuratorial functions, and establish a mechanism for sharing results, exchanging information, and cooperating.
(3) Standardization + Mechanism Guarantee
One is to implement a quick handling mechanism. The "Guidelines for Criminal Prosecution Work in Foreign-Related Criminal Cases" was issued to further standardize the handling of foreign-related criminal cases and improve the quality and standardization of foreign-related criminal cases. Vigorously promote the "simplified and quick handling of cases", intervene in the review of cases in advance, and reduce the time for handling cases.
The second is to establish a review and supervision mechanism. Promote the construction of corporate compliance, urge the companies involved to make compliance commitments, implement compliance rectifications, and establish a third-party supervision and evaluation mechanism to professionally guide the companies involved in the establishment of regulations Establish a system, strengthen supervision, and promote the operation of enterprises in accordance with laws and regulations.
The third is to strengthen the coordination and linkage mechanism. Strengthen linkages with courts, customs, market supervision (intellectual property rights), public security and other units, establish a joint meeting mechanism for intellectual property rights protection subjects in the free trade zone, strengthen judicial and administrative cooperation, and enhance joint efforts in intellectual property protection.
2. Practical effects
(1) The pertinence of procuratorial services is further strengthened
, and the positioning of Dalian Free Trade Procuratorial work is highlighted. Focusing on important construction tasks such as financial opening and intellectual property rights in Dalian Free Trade Zone, we will cooperate with financial institutions and intellectual property related enterprises in the area. Research and judge new issues such as financial supervision and intellectual property protection in the Pilot Free Trade Zone. Conscientiously implement the "Opinions of the Dalian Municipal People's Procuratorate on Service Guaranteeing the Construction of the Dalian Area of the China (Liaoning) Pilot Free Trade Zone". Since the release of the opinions, more than 600 cases of review and arrest, review and prosecution, and supervision of public interest litigation in the free trade zone have been efficiently handled.
(2) The prevention and protection function of procuratorial services is further highlighted.
By carrying out procuratorial open days, special law enforcement and judicial activities, etc., we can keep abreast of the legal demands of private enterprises and continue to improve the quality and efficiency of procuratorial services. Give full play to the positive role of procuratorial recommendations in promoting the establishment of a leak-stopping system, serving and safeguarding people's livelihood, and participating in social governance. Solidly carry out the special activity of "strengthening administrative procuratorial supervision and promoting substantive resolution of administrative disputes", and 2 cases of administrative disputes have been resolved so far.
(3) The role of procuratorial services in guaranteeing the development of market players is further brought into play
Introduced 15 measures to serve enterprises to help enterprises operate with peace of mind and innovate and develop. Adhere to the protection of the rights and interests of enterprises in accordance with the law and the promotion of production and operation, severely punish crimes that infringe on the personal and property rights of enterprises and entrepreneurs, initiate compliance inspections of the two companies involved in the case and promote compliance construction. Conscientiously carry out the special clean-up of "pending cases" and long-term unresolved cases involving enterprises, as well as the backlog of criminal appeals, and clear up 5 "pending cases" and backlogs of appeals.
In the next step, the Dalian Free Trade Zone will cooperate with the Dalian Development Zone Procuratorate to focus on promoting fair market competition, improving the law enforcement and judicial environment, strengthening judicial protection of intellectual property rights, and successfully handling compliance cases of companies involved in the case. Provide strong judicial guarantee for the normal operation and development of the subject, further promote the creation of a stable, orderly, fair and just business environment, and provide more powerful procuratorial guarantee for the new situation of Liaoning's revitalization and development.
Text: Chen Xiaoyu, Lei Zuo, Wu Xian