Provisions of Liaoning Province on Punishing Serious Breach of Trust

Article 1 In order to punish serious acts of dishonesty, speed up the construction of legal environment and credit environment, create an honest and trustworthy social atmosphere, and promote the continuous optimization of business environment, these Provisions are formulated in accordance with laws, regulations and relevant provisions of the state, combined with the actual situation of this province. Article 2 The term "serious dishonesty" as mentioned in these Provisions refers to the dishonesty of government affairs, the dishonesty of the judicial field and the dishonesty of market participants, which damages the credibility of state organs, disrupts the fair trading order of the market, and causes great losses or significant impacts. Article 3 Serious dishonesty in government affairs includes the following situations:

(a) in attracting investment, introducing talents, encouraging innovation and entrepreneurship and other activities. (1) Failing to honor or perform preferential commitments or contractual agreements that conform to laws, regulations and relevant state policies;

(two) in the construction activities of government-invested projects, failing to perform or delaying the performance of the contract on the grounds of unfinished project acceptance and audit;

(3) Failing to perform or delaying the performance of the contract during the purchase of services;

(four) in the land supply activities, in violation of the land supply contract or commitment;

(five) due to national interests, social interests or other legal reasons to change the government commitment or contract, not to compensate the relevant enterprises and investors for property losses according to law;

(six) in the bidding activities, colluding with the bidding agency and bidders to harm the national interests, social public interests or the legitimate rights and interests of others;

(seven) illegally helping enterprises to obtain and abuse market dominance;

(8) refusing to perform or evading the performance of an effective judgment or ruling made by a judicial organ when it has the ability to perform;

(nine) incite, instigate or force financial institutions to issue loans in violation of regulations or obstruct the recovery of loans and interest; Failing to perform the duties of the investor or actual controller of a financial institution according to law; Help enterprises avoid financial debts; Illegal loan or guarantee;

(ten) the arbitration institution perverts the law;

(eleven) delay to upload the information of the subject of serious dishonesty to the provincial credit information sharing platform; Failing to perform or improperly performing the duties of identification of serious dishonesty and joint punishment;

(twelve) other serious acts of dishonesty in government affairs clearly stipulated by laws, regulations and relevant provisions of the state. Article 4 Serious dishonesty in the judicial field includes the following situations:

(a) the public security organ uses investigation measures such as seizure, seizure and freezing beyond its authority, time limit and scope, and the circumstances are serious;

(2) The public security organ has been handling enterprise-related cases for a long time, and the circumstances are serious;

(three) the public security organs illegally use criminal means to intervene in economic disputes;

(4) The procuratorial organ has approved the arrest or failed to examine the necessity of detention for minor crimes involving enterprises that have eliminated the adverse social impact and have low possibility of recidivism;

(five) the procuratorial organs still prosecute criminal cases involving enterprises with unclear facts and insufficient evidence, resulting in acquittal or withdrawal of prosecution;

(6) The procuratorial organ fails to supervise and correct economic crime cases such as infringement of enterprise rights and intellectual property rights handled by public security organs on the grounds of civil disputes;

The judicial organ files a case in violation of regulations or refuses to file a case;

Judicial organs pervert the law;

(nine) the judicial organ violates the provisions of the implementation work, and the case can be executed without execution or execution is illegal;

(ten) other serious acts of dishonesty in the judicial field clearly stipulated by laws, regulations and relevant provisions of the state. Article 5 The serious dishonesty of market entities includes the following situations:

(1) Obtaining loans from financial institutions by fraudulent means and maliciously evading financial debts;

(2) Shareholders occupy or misappropriate the funds of financial institutions.

(three) after obtaining the land use right, the development and construction are not carried out in accordance with the land use and construction period agreed in the contract;

(4) An asset appraisal institution or an accounting (auditing) firm issues a false asset appraisal report or audit report; The tenderer instructs the tendering agency to restrict or exclude potential bidders, discriminate against potential bidders and restrict competition among bidders.

(5) Refusing to perform or evading to perform an effective judgment or ruling made by a judicial organ or an administrative organ, having the ability to perform it;

(six) the serious dishonesty of other market players as specified by laws, regulations and relevant state regulations. Article 6 The people's governments of provinces, cities and counties shall clearly identify the institutions, and be responsible for identifying the departments and units where the people's governments at the corresponding levels and the people's governments at lower levels have serious acts of dishonesty in government affairs. The provincial procuratorate and the provincial court are responsible for determining the serious dishonesty of procuratorial organs and judicial organs. The serious dishonesty of market subjects is recognized in accordance with relevant state regulations. Article 7 The people's governments of provinces, cities and counties shall establish and improve the credit information sharing platform to realize the information sharing of serious dishonesty. Unless otherwise stipulated by laws and regulations, the serious dishonesty identification institution shall upload the information of the serious dishonesty subject to the credit information sharing platform within seven working days after the serious dishonesty identification.

The competent department of credit system construction of the people's governments of provinces, cities and counties shall, in accordance with laws, regulations and relevant provisions of the state, include the list of serious untrustworthy subjects submitted by institutions that have found serious dishonesty in the list of joint disciplinary targets. Article 8 In addition to being punished in accordance with laws, administrative regulations and the relevant provisions of the state, the following joint punishments shall be imposed on the subjects who have seriously lost their trust in government affairs and in the judicial field:

(a) the legal representative, the principal responsible person and the person directly responsible are restricted from promotion or holding important positions, and the performance bonus is suspended, deducted or cancelled;

(two) the legal representative, the main person in charge and the person directly responsible who have the ability to perform but refuse to perform or evade the effective judgment or ruling of the judicial organ shall apply for restricted examination and approval when going abroad;

(three) public officials who have been severely warned, disciplined, or given administrative or criminal punishment for serious dishonesty in government affairs are restricted from approving applications for going abroad.