How the Procuratorial Organs Serve Private Enterprises

For a long time, due to the influence of planned economy, procuratorial organs have certain mindset and misunderstanding in dealing with the development of private economy. So far, the procuratorial organs still position the overall situation of serving the economy as serving state-owned enterprises, excluding serving the private economy. From the perspective of procuratorial function, although procuratorial work rarely involves the content of private economy, it cannot be concluded that procuratorial organs have no responsibility to serve the development of private economy. In fact, service is an open concept, which can be "focused" through business or "radiated" around business. Therefore, the service is not in place, not because the business scope is touched, but because of the existence of service awareness. Therefore, we should correctly grasp the legal status of the private economy, renew our concepts, and establish the law enforcement thought of serving the development of private enterprises. First, equal treatment. In the three equal judicial practices, procuratorial organs (including many other state organs) have completely different attitudes towards private economy and state-owned economy. The state-owned economy is obviously protected and served more than the private economy, which affects the healthy development of the private economy to some extent. This is an indisputable fact and status quo. However, judging from the changes and development of the legal status of private economy in recent years, procuratorial organs should emancipate their minds in time, actively renew their concepts and re-examine the important role of private economy in the whole national economy. Take serving the overall situation and serving the economy as the main line of procuratorial work, and resolutely implement the principle of "three equality" in the legitimate rights and interests of state-owned enterprises and private enterprises, that is, equal treatment, equal protection and equal service. In particular, it is necessary to update the traditional concept of protecting and serving private enterprises, abandon the wrong concept of discriminating or unfairly treating private enterprises, unify the idea of serving the private economy to the ideological height of serving the society, serving the people and serving the overall situation of economic construction, and establish the law enforcement concept of serving the development of private economy. Second, communication and exchange are the basis of service. Strengthening communication, finding the meeting point and breakthrough point of serving private enterprises in time, and further establishing the renewal of key service concepts are only the preconditions and ideological conditions for procuratorial organs to serve private economy. Under the guidance of this concept, how to combine the service of private economy with procuratorial function and do a good job in procuratorial work of private economy is a problem that needs to be deeply studied and solved. The rich experience accumulated in serving state-owned enterprises is used to guide how to serve private enterprises, but at the same time, the differences between state-owned enterprises and private enterprises can not be ignored. After all, there are few business contacts between procuratorial organs and private enterprises. We should develop and innovate on the basis of serving state-owned enterprises and treat private enterprises with Scientific Outlook on Development. The third is to crack down on crime and strengthen legal supervision. Fighting crime itself is a way of service. However, this service model is not understood by the general public, because it cannot be directly transformed into economic growth point, and it is an environmental service. With the establishment of the economy ruled by law and the improvement of laws, private enterprises are more and more aware of the nepotism between fighting crime and enterprise development, and need to fight for their rights by the rule of law. Therefore, the procuratorial organs responded to this call, severely cracked down on all kinds of criminal crimes and illegal acts that violated the management rights of private enterprises, safeguarded the legitimate rights and interests of private enterprises, and created a good legal environment conducive to the healthy development of private enterprises. The fourth is to prevent crimes, eliminate hidden dangers and create a good environment for private enterprises. Procuratorial organs should establish the working idea of "fighting but not moving, preventing first", eliminate hidden dangers of enterprises in a timely and effective manner, speak out for private enterprises, and make "people, chapters and things" reasonable and legal. At the same time, the procuratorial organs should not interfere with the internal management rights of private enterprises, and guide them to develop in the direction of legalization and standardization by sending them to enterprises. In addition, procuratorial organs should help private enterprises to establish rules and regulations and plug loopholes, and should also visit and inspect the implementation of the system from time to time. If it is difficult to organize the whole chapter and plug the loopholes, the procuratorial organs should give full play to their experience and advantages in handling cases, help establish and improve the financial management system, contract signing system, sales and other rules and regulations in combination with the actual situation of enterprises, plug the loopholes in the management of production, supply and marketing of private enterprises, and be good staff for enterprises. Fifth, improve professional quality and ensure service quality. Team building has always been valued by party and government organs, because no matter how good the system is, it needs people to implement and implement it. To this end, the Supreme People's Procuratorate put forward the strategic goal of "people-oriented" reform, and strived to build a procuratorial team with "firm politics, proficient business, excellent work style and fair law enforcement". Prosecutors need to learn knowledge of civil law, economic law and administrative regulations while changing their concepts and broadening their horizons, so as to serve private enterprises in place, ensure service quality and contribute to economic development.