Supreme Inspection: Take a more cautious attitude and increase the protection of private enterprises.

On July 20th, the Supreme People's Procuratorate released the main case handling data of the national procuratorial organs from June to June, 2022. Through the data, it can be found that the national procuratorial organs have conscientiously implemented the requirements of quality construction year, and the quality and effect of legal supervision have been comprehensively improved.

The data shows that from June to June this year, the quality of criminal prosecution cases handled by procuratorial organs across the country continued to improve. Procuratorial organs nationwide approved the arrest of 222,000 criminal suspects, prosecuted 6,865,438+10,000 people and prosecuted 25,000 people for serious violent crimes such as robbery and kidnapping, down 2.9% year-on-year.

In addition, the number of civil procuratorial supervision has increased, the effect of administrative procuratorial supervision has been continuously strengthened, the handling of public interest litigation has intensified, and the procuratorial work for minors has continued to deepen.

The protection of private enterprises has been increasing.

Procuratorial organs have always attached great importance to the equal protection of the private economy. What are the key measures of procuratorial organs in this regard?

According to the person in charge of the General Office of the Supreme People's Procuratorate, the epidemic was distributed in many places, and the economy was under pressure. It is even more necessary to use the rule of law to stabilize enterprise expectations, ensure employment and protect people's livelihood. In the first half of this year, the procuratorial organs comprehensively pushed forward the pilot reform of enterprise compliance, better promoted enterprises to operate in compliance with laws and regulations, and served high-quality economic and social development.

(1) Comprehensively promote the pilot reform of corporate compliance to create a better business environment. Since March 2020, the Supreme People's Procuratorate has carried out pilot reform of enterprise compliance in some places. On April 2, 2022, the pilot of compliance reform of enterprises involved in the case was fully launched in the national procuratorial organs.

According to the data, before 2020, the overall number of unit crime cases showed an upward trend, and the number of unit crime prosecutions dropped significantly in 20021year. This change shows that since March, 20021,the procuratorial organs have expanded the pilot of compliance reform of enterprises involved in the case and explored the compliance non-prosecution system, with initial results.

By June, 2022, the national procuratorial organs had handled 2,382 compliance cases, including 1584 cases in which the third-party supervision and evaluation mechanism was applied. In handling compliance cases, local procuratorial organs insisted on mutual understanding and accommodation with the third-party mechanism, and made a decision not to sue 606 enterprises and 1 159 people who rectified compliance according to law, and achieved good results.

(2) Take a more prudent attitude and increase the protection of private enterprises. From 20 17 to 202 1, procuratorial organs handled 39,000 criminal cases, including 32,000 non-state-owned companies, enterprises and institutions, accounting for 8 1.8%. The unit involved in the unit crime case and its directly responsible person in charge and other directly responsible personnel * * * decided not to prosecute 1.6 million people and 7,527 units.

The application of non-prosecution of unit crime provides the premise and path for promoting enterprise compliance construction and implementing equal protection of private enterprises.

(3) Give full play to the role of procuratorial work in civil, administrative and public interest litigation, and provide more diversified protection measures for private enterprises. Strengthen civil and administrative procuratorial supervision, and put forward 726 protest and retrial procuratorial suggestions against effective civil and administrative judgments that affect the development of non-public economy; Put forward 1426 procuratorial suggestions on civil and administrative trial and execution activities that affect the development of non-public economy.

The administrative procuratorate has given full play to the unique regulatory advantages of supporting the two companies with one hand, and issued a series of typical cases of administrative procuratorial and civil counterparts to boost market supervision and optimize the business environment.

Strengthen the protection of intellectual property rights, and prosecute 5830 people for intellectual property crimes; Accepted cases of civil administrative supervision over intellectual property rights 165.

Relying on the procuratorial function of public interest litigation, support and cooperate with the human and social departments to carry out centralized investigation and rectification of overtime work, steadily explore and carry out public interest litigation to protect workers' working hours and rest and vacation rights, promote the formation of joint efforts to protect workers' rights and interests, and continuously enhance market vitality.

The criminal means of pension fraud emerge one after another.

In April this year, the whole country launched a special campaign to crack down on pension fraud for half a year. What are the characteristics of such criminal cases?

The person in charge of the case management office introduced that the procuratorial organs actively deployed special actions, intensified the crackdown, and guarded the pension money bag with procuratorial duties. The case has the following characteristics.

The first outstanding feature is the networking of crime scenes. In the era of big data, all kinds of crimes are gradually highly integrated with the Internet, from offline to online, and pension fraud crimes are no exception. Criminal suspects often defraud the property of the elderly by telephone, WeChat, Internet and mobile payment.

From June/KLOC-0 to June, the national procuratorate * * * prosecuted 767 cases 1 863 people, among which 827 people committed crimes in the name of pension industry, and others involved pension fraud 1036 people.

The second outstanding feature is the diversification of criminal means. In recent years, the criminal means of pension fraud have emerged in an endless stream, and the tricks have been constantly refurbished.

Criminal means have three characteristics. First, the name of fraud is confusing. Usually, in the name of investing in pension projects, handling pension insurance and providing pension assistance, the property of the elderly is defrauded, and in the name of providing pension services, the purpose of illegally absorbing public deposits is concealed. At present, the present situation of providing for the aged and the state support policies are also introduced to the old people and constantly induced.

Second, material temptation. In the process of fraud, criminals often use small favors such as sending eggs and cups to make many elderly people let down their guard, taste the sweetness first and then fall into the trap, and fall into the trap of swindlers fishing for big fish in a long line, so as to pay high interest, get a card and enjoy subsidies, and enjoy preferential treatment in apartments for the elderly, thus attracting investment from the elderly and achieving criminal purposes such as illegal fund-raising.

Third, the problem of accurate fraud targets, infringement of citizens' personal information and other black industries giving birth to pension fraud crimes has become increasingly prominent. Criminal suspects often choose the elderly accurately according to the collected personal information through irregular phone calls, home visits, etc., and mislead by taking advantage of information.

From June/KLOC-0 to June, 475 people were prosecuted for providing old-age services, 336 people invested in old-age projects, 2 1 0 people sold old-age products, and 140 people called it providing housing for the elderly, handling old-age insurance on behalf of others and helping the elderly.

The third outstanding feature is that the victims are stakeholders. Judging from the allegations filed by the national procuratorial organs, the types of pension fraud mainly focus on three types of crimes: fraud, illegal absorption of public deposits and fund-raising fraud, accounting for 94.4% of all pension fraud. However, this kind of crime often has many victims and has the obvious characteristics of economic crime of stakeholders.

Stakeholder-type economic crimes in the field of old-age care are often aimed at unspecified elderly groups. With the continuous improvement of the living standards of the elderly, coupled with the stable income of the elderly, relatively few expenditure items and relatively more disposable income, it is common to follow the trend of investment.

Respond to social concerns in time

Recently, social security cases such as picking quarrels and making troubles in some places have aroused social concern. What new measures have the procuratorial organs taken to maintain social order and eliminate evils?

According to the person in charge of the case management office, the three-year special struggle to eliminate evils has won an overwhelming victory, but the normalization of eliminating evils is always on the road. At present, crimes involving black and evil still occur from time to time in some places; In some places, evil forces hide and crouch to avoid blows; Some industries have not been rectified, and the soil where evil forces breed has not been completely eradicated.

(1) Strengthen supervision and guidance and severely punish black and evil crimes according to law. 1 to June, procuratorial organs throughout the country prosecuted 1 135738 people for crimes related to black and evil, and prosecuted 130 people for the umbrella of black and evil forces, and intervened in 72/kloc-0 cases in advance, accounting for 42.5% of accepted cases, up 8.5% year-on-year.

The Supreme People's Procuratorate has strengthened the supervision and guidance on major and complex black and evil cases, and listed the 15 black and evil cases with great influence by Liu Wenge and others as the supervision cases, so as to promote the success of nail house cases. At the same time, follow up and guide a number of criminal cases involving black and evil with high social concern, respond to social concerns in a timely manner, and maintain the overall stability of society.

(2) Focus on key industries and key areas, focus on rectifying crimes involving black and evil, and promote industry governance. Since last year, procuratorial organs across the country have strengthened coordination and restriction with supervisory organs, public security organs and judicial organs, combined with the rectification of old and new industries, pursued the fish that escaped from the net, rectified black and evil crimes in natural resources fields such as Shaba mine tyrants, and concentrated on investigating and handling a number of major cases involving black and evil with bad social impact.

From 20021to June, 2022, the national procuratorial organs * * * arrested 97 criminal cases of black and evil forces in four major industries, involving 2 153 people. In the process of handling cases involving black and evil, we issued 1076 procuratorial suggestions on industry governance, and rectified 954 cases, with a rectification rate of 88.7%.

(3) Focus on cracking down on crimes that endanger public security, such as picking fights and gathering people to fight, and maintain social stability and public peace. Severely crack down on various prominent illegal and criminal activities and effectively purify the social security environment. In June-June, the national procuratorial organs prosecuted 17208 people for the crime of stirring up trouble, and prosecuted 6887 people for the crime of affray.

In the same period, we actively cooperated with the special campaign launched by the Ministry of Public Security to combat trafficking in women and children, resolutely safeguarded the legitimate rights and interests of women and children, and prosecuted 403 people for trafficking in women and children.

(4) Actively follow up and do a good job of released prisoners, so as to better integrate them into society and prevent them from committing crimes again. In view of the fact that in the three-year special struggle to eliminate evils, which will end at the end of 2020, accomplices, coerced accomplices and other criminals sentenced to light sentences will be released one after another. From 2022 onwards, the procuratorial organs will actively deploy the resettlement and education of criminals involved in crimes.