Adhere to the combination of crime and governance, and optimize the financial ecology
Interview with Zhang Xiaojin, Director of the Fourth Procuratorate of the Supreme People's Procuratorate.
How can procuratorial organs punish and prevent financial crimes in accordance with the law, stabilize social expectations and boost confidence in development through the performance of procuratorial functions?
In the face of problems such as the difficulty in filing, investigating, and preventing corruption crimes within private enterprises, what measures have the procuratorial organs taken?
In the face of more deceptive and confusing telecommunications network fraud crimes, how can the procuratorial organs severely punish them in accordance with the law?
On February 4, the director of the Supreme People's Procuratorate interviewed Zhang Xiaojin, director of the Fourth Procuratorate with the theme of "comprehensively implementing the idea of the rule of law and handling every case with high quality and efficiency", systematically reviewed the key work and results of the economic crime prosecution line in the past year, and introduced the key work in the new year.
Zhang Xiaojin, director of the Fourth Procuratorate of the Supreme People's Procuratorate, was interviewed by reporters.
Punish financial crimes in key areas in accordance with law
Promote the optimization of the financial ecosystem
Financial crimes seriously erode the order of the financial market and endanger financial security. It is an important duty of procuratorial organs to punish and prevent financial crimes in accordance with the law, to provide services to ensure the prevention and resolution of financial risks, to stabilize social expectations, and to boost confidence in development.
It is understood that from January to November 2023, the procuratorate approved the arrest of a total of 11,060 people for crimes of undermining the order of financial management and financial fraud, and prosecuted 22,529 people, involving crimes that are relatively concentrated in the crimes of illegal fundraising and fraudulent loans.
We adhere to the combination of crime and governance to optimize the financial ecosystem. Continue to coordinate the implementation of the 'No. 3 Procuratorial Recommendation', and strengthen the governance of litigation sources in conjunction with case handling. Zhang Xiaojin said that in the past year, some provincial-level procuratorates have made special reports to local party committees on topics such as preventing financial crime risks, and issued procuratorial suggestions to financial institutions involved in the case; The procuratorial office of the Supreme People's Procuratorate in the China Securities Regulatory Commission gave full play to the advantages of "stationing", and 20 provincial and municipal procuratorial organs signed cooperation opinions with local securities regulatory departments; Procuratorial organs at all levels have strengthened coordination with financial regulatory departments to promote the convergence of executions in the financial sector.
When talking about the relevant work of the Supreme People's Procuratorate's procuratorial office, Zhang Xiaojin interpreted the "zero tolerance" attitude that has always been emphasized that illegal crimes should be adhered to.
It is necessary to adhere to the main tone of 'strictness', severely punish crimes through high-quality and efficient case handling, and provide legal guarantees for the healthy development of the market. It is necessary to strengthen the connection between executions and strictly punish the legal network of ** violations and crimes. Zhang Xiaojin said that the procuratorate should strictly prosecute financial fraud, embezzlement of assets of listed companies, insider trading, market manipulation, "rat warehouse" and other first-class criminal cases in accordance with the law and the whole chain, and promote the formation of a law-based market environment that does not dare to commit and cannot commit, consciously standardize, and does not step on the red line.
In the new year, how can procuratorial organs promote high-quality financial development with the power of the rule of law? Zhang Xiaojin pointed out that the procuratorial organs will continue to increase the intensity of punishment of financial crimes in key areas, adhere to the principle of "pursuing all should be pursued", improve the working mechanism for recovering stolen goods and losses, improve and improve the financial crime prosecution system and mechanism, continue to strengthen the professionalization of financial prosecution, strengthen the prevention of financial crime rule of law publicity, maintain economic and financial order in accordance with the law, stabilize social expectations, and boost confidence in development.
Continue to release and severely punish in accordance with law
A strong signal of telecom network fraud
In the past year, telecommunications network fraud has aroused widespread heated discussions in society, and a large number of criminals engaged in telecommunications fraud have been caught. What are the characteristics of the procuratorial organs' handling of such cases?
From January to November 2023, prosecutors across the country prosecuted the crime of fraud committed using telecommunications networks4more than 20,000 people, an increase of 63 year-on-year5%；12More than 90,000 people, a year-on-year increase of 132%。Zhang Xiaojin said that at present, telecommunications network fraud is a collectivization, industrialization, chain, cross-border trend, and there are super large criminal groups outside the country under the guise of "industrial parks" and "science and technology parks", from the single implementation of fraud crimes to the derivation of serious violent crimes such as intentional injury and illegal detention, which seriously damages the people's sense of security.
What measures have the procuratorial organs taken to severely punish the crime of telecommunications network fraud in accordance with the law? Zhang Xiaojin made an introduction from five aspects:
Make every effort to crack down on gangs, destroy networks, and cut chains, arrest relevant criminals as soon as they should be arrested, and prosecute them when they are prosecuted, and strictly submit sentencing recommendations in accordance with law. The Supreme People's Procuratorate, together with the Ministry of Public Security, supervised and handled 5 major cross-border wire fraud cases, and successively handed over 28 provinces to supervise and handle wire fraud cases involving northern Myanmar, involving 4 people50,000.
We will make every effort to carry out the work of recovering stolen goods and recovering losses, make full use of laws and criminal policies, and supervise and guide the return of stolen goods and compensation throughout the entire litigation process.
Coordinate efforts to advance the comprehensive management of telecommunications network fraud. In conjunction with judicial case handling, draft and issue procuratorial recommendations for social governance, and coordinate with relevant departments to strengthen governance of litigation sources.
Strengthen international cooperation, actively participate in the negotiation of the United Nations Convention against Cybercrime, and strive to unite the international community's efforts to combat it.
Strengthen publicity on the rule of law, publish the work of procuratorial organs to combat and govern telecommunications network fraud and related crimes, and typical cases, and jointly produce and broadcast a series of anti-fraud propaganda films with ** television stations, to create a strong atmosphere for the whole people to fight fraud.
Punishment and prevention at the same time
Deal with corruption within private enterprises in accordance with the law
In recent years, the "moths" within private enterprises have eroded the property of enterprises, seriously affecting the healthy development of private enterprises. Some private enterprises are in trouble, not because of the exogenous environment, but because of the "backyard".
At the end of July 2023, the Supreme People's Procuratorate issued the "Opinions on Punishing and Preventing Crimes of Internal Personnel of Private Enterprises Infringing on the Legitimate Rights and Interests of Private Enterprises and Creating a Good Legal Environment for the Development of the Private Economy in accordance with the Law", formulating 12 procuratorial measures.
The procuratorial organs will continue to adhere to the combination of crime punishment and governance, actively perform their duties in accordance with the law, and serve to ensure the healthy development of the private economy. Zhang Xiaojin told reporters that the procuratorial organs should handle cases strictly in accordance with the law, and punish and prevent crimes that infringe on the interests of enterprises, such as embezzlement, misappropriation of funds, and transfer of interests carried out by internal personnel of private enterprises, especially personnel in key positions. At the same time, it is necessary to conscientiously perform the function of legal supervision, continue to strengthen supervision over the filing of cases, and resolutely prevent and correct the use of criminal means to interfere in economic disputes.
In the interview, Zhang Xiaojin particularly emphasized that according to the deployment of the National Conference of Procurators General, the Supreme People's Procuratorate will organize and carry out the special action of "procuratorial protection of enterprises" this year, led by the Fourth Procuratorate, with the cooperation of criminal, civil, administrative, public interest litigation, accusations and appeals and other related business lines, deepen the implementation of the "package" of procuratorial measures to promote the development and growth of the private economy, prevent and punish crimes infringing on the interests of enterprises in key positions of private enterprises, and equally protect all types of market entities in accordance with the law, and create a law-based business environment.
*: Procuratorate**, Procuratorate News Edition Text Reporter: Sun Fengjuan Photojournalist: Yan Zhao Poster: Chahuahui Creative Society, Li Chunyu, **Xu Qian, Zhao Rui, Liu Yufei, Liang Zepeng, Chen Yang, Xiang Desheng, Yulituzi Ayi Rouzi).