The National Supervisory Commission issued the first guiding document on the identification, supervision and law enforcement of entities engaged in duty-related crimes


On the basis of in-depth research, the National Supervisory Commission, together with the Supreme People’s Court and the Supreme People’s Procuratorate, has studied and drafted opinions on Several Issues concerning the Application of Law to Handling Cases of Malfeasance by Managers of State-owned Enterprises (hereinafter referred to as the Opinions), which have been officially published and put into effect.The printing of the “opinions” in-depth implementation of the 19th session of the central commission for discipline inspection is six times the plenum of the important measures for deepening the state-owned enterprise anti-corruption work deployment requirements, help to accurately grasp and deal with the state-owned enterprise management personnel malfeasance crime, investigate by eating mills, mills “shadow company” and so on the prominent question, unswervingly adhere to the strict advocate fundamental key, with zero tolerance to punish corruption,We will effectively and effectively promote the high-quality development of state-owned enterprises through the actual results of party conduct and anti-corruption work.The Opinions adhere to the centralized and unified leadership of the Party over anti-corruption work, based on the overall situation of promoting greater achievements in the anti-corruption work of State-Owned enterprises and promoting the high-quality development of discipline inspection and supervision, closely follow the actual work of supervision, law enforcement and criminal justice, and focus on solving the application of laws that are prominent and controversial in practice.It is of great significance for supervision organs and judicial organs to accurately apply the law, unify the law enforcement and judicial standards, and coordinate with each other and effectively in dealing with cases of malfeasance of managers of state-owned enterprises by deepening reform, improving the system and promoting governance.The Opinions is the first supervision and law enforcement guidance document issued by the National Supervisory Commission on the identification of entities committing crimes committed by duty.”Opinion” to “law of the People’s Republic of China and inspect the criminal law of the People’s Republic of China” company law of the People’s Republic of China and other countries the law as the basis, is divided into eight parts, around a similar business crime, illegal business crime of illegal profit for friends and relatives, state-owned company or enterprise personnel of negligence crime of abuse of power and state-owned company, enterprise personnel 4 cases of applicable law,It mainly clarified and solved the prosecution standard, the subject of the crime, the place of the crime, the “loss of national interests” and the disposal after recovery, and the identification standard of the constitution of the crime.In addition, the National Supervisory Commission will continue to conduct investigations and studies with the Supreme People’s Court and The Supreme People’s Procuratorate on other problems found in the investigation and other crimes of dereliction of duty involving soes, and further summarize experience in work practice.For the implementation of the “opinions”, the national supervision committee special notice, request the supervisory organs at various levels shall earnestly study and dealing with state-owned enterprise management personnel conscientiously implement the malfeasance crime, and enhance cooperation with procuratorial organs, judicial organs, to ensure the case processing gain political effect, ji law effect and social effect of the organic unity.”Supervisory organs at higher levels should earnestly strengthen their guidance to their subordinates, conscientiously organize and carry out training, timely study and solve new situations and problems encountered in practice, sum up experience in handling corruption cases of state-owned enterprises, and draw inferential examples to guide supervisory organs at lower levels to handle cases well.”Central Commission for Discipline Inspection and State Commission case hearing room responsible comrade introduction.(Website of central Commission for Discipline Inspection and State Commission for Supervision)

Leave a Reply

Your email address will not be published.