On the morning of December 22, the Legislative Affairs Commission of the Standing Committee of the National People's Congress (NPC) held a press conference, at which spokesman Zang Tiewei introduced the legislative work and answered questions from reporters.
The reporter of Dahe Finance Cube learned from the press conference that the draft amendment (12) to the Criminal Law to be submitted for deliberation has made new provisions on related crimes involving private enterprises, and the current Criminal Law Articles 165, 166, and 169 of the current Criminal Law are applicable to state-owned enterprises and other relevant personnel, such as illegal operation of similar businesses, illegal profit-making for relatives and friends, favoritism and fraud, and the crime of converting shares at low prices for personal gain, and enterprise assets to private enterprises. What is the role of this provision in strengthening the equal protection of private enterprises and protecting the property rights of private enterprises and the rights and interests of entrepreneurs?
Zang Tiewei introduced, in recent years, with the development and growth of the private economy, there are some new situations and new problems in the corruption of private enterprises, the current criminal law on the personnel of state-owned enterprises to illegally operate similar businesses, illegal profits for relatives and friends and other related corruption crimes, these behaviors have gradually appeared and increased in private enterprises, and need to be punished according to law. Since 2013, 65 bills, suggestions and proposals have been put forward by NPC deputies and CPPCC members related to the revision of this provision, many of which are representatives and members of enterprises.
Zang Tiewei said that he attaches great importance to the development of private enterprises, requires the protection of the property rights of private enterprises and the rights and interests of entrepreneurs in accordance with the law, and puts down the requirements for equal treatment of state-owned enterprises and private enterprises from the system and law. The "Opinions of the Communist Party of China on Promoting the Development and Growth of the Private Economy" issued on July 14, 2023 put forward clear requirements for the prevention and governance of corruption within private enterprises. The current revision of the Criminal Law expands to private enterprises the crimes of illegally operating the same type of business, illegally making profits for relatives and friends, converting shares at low prices for personal gain, and ** enterprise assets applicable to relevant personnel in state-owned enterprises and other relevant persons in the current Criminal Law, and at the same time makes provisions based on the situation and characteristics of the development of private enterprises. The purpose is to punish the internal personnel of private enterprises and personnel in key positions through various illegal means to "damage enterprises and enrich private interests", strengthen the protection of private enterprises and private entrepreneurs, further enhance the confidence of private entrepreneurs, and provide legal means for private enterprises to effectively prevent and punish internal corruption crimes.
According to reports, the 16 th meeting of the chairmanship of the 14 th NPC Standing Committee decided that the seventh meeting of the 14 th NPC Standing Committee will be held in Beijing from 25 to 29 December, and that the draft amendment (12) to the Criminal Law will be submitted to the current NPC Standing Committee for deliberation.
Editor-in-charge: Shi Jian |Reviewer: Li Jinyu |Review: Li Zhen |Supervisor: Wan Junwei.