"Thank you to the procuratorate for sending procuratorial suggestions in a timely manner to help us plug the loopholes."
In mid-June, when receiving the procurator's proposal from the procurator, the head of a stone company in Sui county, Suizhou City, Hubei Province, said.
Yu Mou, an employee of this stone company, used the company's management loopholes to embezzle more than 8 million yuan of funds. In the process of handling the case, the procurator handling the case with the county people's procuratorate found that the company used personal accounts to store the company's money, the employment and management of cashiers, and the irregularity in the custody of financial books.
On the basis of the investigation and verification, the procurator handling the case formulated a procuratorial recommendation, suggesting that the company standardize the establishment and management of the company's capital accounts, strengthen the selection and management of financial personnel, and strengthen the legal knowledge training for employees.
"Serving procuratorial suggestions and helping standardize management is an important task for us to serve the development of enterprises and optimize the business environment." We will adopt methods such as inquiries, visits, and irregular consultations to urge enterprises to do a good job in rectification, effectively prevent risks, and achieve high-quality development. In the public delivery of procuratorial suggestions to this stone company, Wang Jianwu, chief procurator of the Sui County Procuratorate, said.
In March this year, Suizhou was included in the pilot area of corporate compliance reform. Combined with optimizing the business environment, the procuratorial organs of Suizhou City have solidly promoted the pilot work of compliance reform of the enterprises involved in the case and the special procuratorial activities of "giving full play to the procuratorial function to optimize the business environment" deployed by the Hubei Provincial Procuratorate, and strive to create a prudent and inclusive legal business environment for the high-quality development of market entities.
In late August, the Suizhou Guangshui Municipal People's Procuratorate held a public hearing on an administrative public interest litigation case.
In the first half of this year, the Guangshui Municipal Procuratorate found in the performance of its duties that a photovoltaic power generation project was built without authorization in the form of forest light complementary without going through relevant procedures, illegally occupying more than 50,000 square meters of forest land, of which more than 200 square meters of forest land were destroyed. On June 28, the Guangshui Municipal Procuratorate promptly delivered procuratorial suggestions to the forestry department, urging it to perform its regulatory duties in accordance with the law.
The person in charge of the enterprise said that the photovoltaic power generation project involved in the case was a key investment project in Hubei Province in 2017, with a total investment of 1.25 billion yuan, and the over-occupied forest land part was the third and fourth phases of the project. Affected by the epidemic, the progress of the project in 2020 is lagging behind. This year, in order to catch up with the progress, there has been a problem of over-occupying forest land.
In order to find a balance between protecting the ecological environment and promoting economic development, not only reducing the burden on enterprises, but also properly handling the problem of illegal occupation of forest land, the Guangshui Municipal Procuratorate invited representatives from all parties to conduct a public hearing on the case.
"After the enterprise settled down, it paid more than 10 million yuan in compensation, employed more than 300 people every year, and solved more than 30 permanent workers, which played an important role in our poverty alleviation and prosperity." The villagers' representative said.
It is understood that the nature of the unapproved forest land occupied by the project is suitable for forest land, which is in line with the construction plan of photovoltaic power generation projects.
"If it is demolished now, the enterprise will still rebuild in the same place after obtaining the administrative license in the later stage, which will cause a burden on the enterprise." The person in charge of the forestry department who participated in the hearing proposed that from the perspective of optimizing the business environment, it is proposed to impose administrative penalties on enterprises, order them to complete the procedures within a time limit, and impose a fine.
After listening to the opinions of all parties, Xu Huacheng, deputy procurator general of the Guangshui Municipal Procuratorate, believed that the hearing opinions were relatively consistent, and suggested that the administrative organs adopt them to jointly promote enterprises to operate according to law, take the initiative to assume social responsibility, and achieve win-win results.
In order to optimize the business environment, the procuratorial organs of Suizhou City have specially established a green channel for handling business-related cases, and unified labeling, rapid circulation and priority handling of relevant cases; For cases involving market entities, adhere to "one case and one judgment", thoroughly carry out social investigations and research and judgments on impact and risks, carefully select the timing and methods of handling cases, and prudently make procuratorial decisions.
Up to now, the procuratorial organs of Suizhou City have accepted more than 410 relevant cases in accordance with the law, all of which are quickly and properly handled in accordance with the law.
"The rule of law is the best business environment. We will continue to base ourselves on the procuratorial function, seize the opportunity of the pilot compliance reform of enterprises, adhere to the active performance of duties, inject strong procuratorial momentum into the optimization of the rule-of-law business environment, and help enterprises develop with high quality. Chen Jiangbo, chief procurator of the Suizhou Municipal People's Procuratorate, said.
Rule of Law Daily reporter Liu Zhiyue correspondent Liu Yiting Liu Dayin