Henan** Rural Edition Reporter Jiao Hongchang Correspondent Cheng Jingjing Yang Huimin
Thanks to the Lankao County People's Procuratorate and the Weishi County People's Procuratorate for guiding our company to carry out corporate compliance work and giving us a chance to rectify. Zheng Moumou, the person in charge of an enterprise involved in the case in Lankao County, said.
During the two sessions of Lankao County in 2023, in the process of listening to the opinions of the people's congress deputies, Zheng Moumou, a deputy to the Lankao County People's Congress and the actual operator of an enterprise in Lankao County, consulted with the prosecutor of the Lankao County People's Procuratorate about the relevant situation of the company's compliance inspection. After understanding, the enterprise operated by Zheng Moumou was suspected of false crimes, and after the legal representative of the enterprise, Liu, and the business leader, Zhong Moumou, were taken compulsory measures on suspicion of false crimes, the company's sales declined and faced a survival dilemma. Therefore, the company urgently needs to conduct compliance inspections and hopes to return to the path of healthy development as soon as possible.
Due to the separation of the place of registration, production and operation of the enterprise, and the place of crime, the case should be undertaken by the Weishi County People's Procuratorate. The Lankao County People's Procuratorate and the Weishi County People's Procuratorate got in touch, and the two sides held a symposium to jointly explore and solve problems such as social investigation and supervision and inspection in remote cooperation. In the end, the two parties agreed to draw on the compliance work experience of the pilot area and take advantage of the proximity to carry out a compliance investigation by the Lankao County People's Procuratorate in the place where the enterprise is registered.
After the approval of the Henan Provincial People's Procuratorate, the Lankao County People's Procuratorate officially launched the compliance review procedure for the enterprise. The Lankao County People's Procuratorate consulted with the Lankao County Committee for the Management of the Third-Party Mechanism to initiate the third-party mechanism. Based on the charges and complexity of the case, as well as the type, scale, and main business of the enterprise, the Lankao County Commission for the Management of the Third-Party Mechanism is to select professionals from the directory of selected professionals to form a third-party oversight and assessment organization to carry out compliance oversight and inspections of the enterprises involved in the case. The third-party supervision and evaluation organization found out that the enterprise had been rated as a key leading enterprise in agricultural industrialization city, a star enterprise in the development of industrial economy, and a demonstration enterprise of "poverty alleviation and assistance" by obtaining relevant information and materials of the enterprise involved in the case and affiliated enterprises, and that its actual operator, Zheng Moumou, was rated as the first top talent in enterprise management in Lankao County and the "provincial farmer to get rich expert" in Henan Province, making contributions to the economic development of Lankao County.
At the same time, in view of the fact that after the case occurred, the legal representative and business person in charge of the enterprise voluntarily pleaded guilty and accepted punishment, paid back taxes, and voluntarily applied the third-party mechanism, and had the willingness and conditions to actively cooperate with all aspects of compliance and rectification work. Finally, based on the type of case involved, the severity of the crime, the scale of the enterprise, the operational loopholes, the governance structure and other specific circumstances, the third-party supervision and assessment organization determined a three-month compliance inspection period, pointed out the problems existing in the enterprise, proposed improvement measures, and urged the enterprise to make compliance commitments, formulate compliance plans, and conduct business legal risk prevention and control training.
Three months later, the compliance rectification work of the enterprise involved in the case was basically completed. The Lankao County People's Procuratorate, together with the Weishi County People's Procuratorate, conducted an on-the-spot inspection of the enterprise involved in the case and passed the acceptance. Combined with the actual circumstances of the case, the Weishi County People's Procuratorate made a decision not to prosecute the legal representative of the enterprise, Liu, and the person in charge of the business, Zhong Moumou.
Our court and the Weishi County People's Procuratorate jointly explored the compliance cooperation mechanism of enterprises in different places, helped the enterprises involved in the case to rectify their compliance, effectively improved the efficiency of case handling, reduced judicial costs, enabled enterprises to achieve normal production and operation, and created a good business environment under the rule of law for their healthy development. Li Lijuan, director of the Second Procuratorate Department of the Lankao County People's Procuratorate, said.
Through this remote cooperation, the Lankao County People's Procuratorate and the Weishi County People's Procuratorate unanimously stated that in the future work, they should strengthen communication and cooperation, learn from each other, and jointly explore and practice the compliance reform of the enterprises involved in the case, and realize the double improvement of serving private enterprises and procuratorial business.
Editor: Ma Huixia.