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Sun Hao，bet365 app2021 Master of Criminal Procedure Law Students。
Abstract:“The rule of law is the best business environment” is one of the important manifestations of the spirit of the 19th National Congress of the Communist Party of China，The procuratorial organ, as a judicial organ, is in the process of achieving this goal，Nature has been given an important mission。Therefore, the procuratorial organs should give full play to their procuratorial functions to optimize the business environment。This article analyzes the problems currently encountered by the procuratorial organs in optimizing the business environment，And proposed solutions，Innovative service measures for the procuratorial organs、Improve service capabilities and provide direction。
Keywords:Procuratorate; Business environment; Mechanism construction
Optimizing the business environment，It is a response to the increasingly stringent requirements of domestic and foreign economic development on the business environment，It is also an important measure proposed by General Secretary Xi Jinping to intensify the reform of the business environment，And the conclusion that “the rule of law is the best business environment”，It is clarified that the driver agency will play a more important role as the main participant in optimizing the business environment。This article will be based on "the rule of law is the best business environment"，Discuss the system construction of procuratorial organs in optimizing the business environment from the perspective of the rule of law。
Article 2 of the "Organic Law of the People's Procuratorate of the People's Republic of China" clearly mentions that "The People's Procuratorate is the country's legal supervision agency，Guarantee the smooth progress of the construction of socialism with Chinese characteristics”，The business environment is an important factor in ensuring the construction of socialism，Therefore, there is no doubt that the procuratorate is optimizing the business environment，Important factors in combating crimes that undermine the socialist market economic order。Procuratorial organs need to severely crack down on various crimes that infringe on the rights and interests of market entities in the commercial environment，So that market entities can clearly understand the costs of illegal crimes，Accurately understand the boundaries between sin and non-sin，To facilitate commercial entities to avoid the risks of uncertain factors when engaging in commercial activities，Reduce investment risks，Better protect your rights and interests。This is the need of the principle of legal punishment，It bet365 live online casinois also necessary to optimize the legal business environment。
1. Problems encountered by the procuratorial organs in optimizing the business environment
(1) The procuratorial organs are one-sided in handling cases on optimizing the business environment
In recent years, with the Internet、The new economy represented by high and new technologies is developing rapidly，Production capacity has also been transformed and upgraded with the change of economic model，For example, the express delivery industry has changed the traditional economic model through big data and other technologies，There are criminal suspects who use the new model to commit crimes，Most of the new models here refer to Internet cases，And such cases often affect a wide range of people，The social impact is worse，The prosecutor’s office is defining whether a crime has been committed、This sin and that sin、The process of economic disputes or economic crimes is particularly important。Normally，Mention the business environment，Most of the matters involved are civil and commercial legal aspects，The resolution of many disputes only requires the use of civil and commercial laws to define the market behavior of civil and commercial subjects，Not yet involved in criminal law，From this perspective，The procuratorial organs play a smaller role in optimizing the business environment。At the same time，Criminal law must comply with the requirements of modesty，Procuratorate as the main body of legal supervision，Do not handle cases beyond your authority，If an economic dispute can be resolved through civil and commercial legal aspects，The prosecutor’s office does not need to intervene，This is also the bottleneck encountered by the procuratorial organs in optimizing the business environment。Analysis from the types of cases involved by the procuratorial organs，At present, the procuratorate’s focus in exercising its supervisory functions in the field of market economy is mainly on ordinary criminal cases involving enterprises、Financial cases and intellectual property cases，But in practice，The number of criminal cases involving enterprises is relatively small compared with civil and commercial cases，A few exist in financial crimes、Intellectual Property Crime、Office embezzlement, etc.，So it’s not hard to find，When the procuratorial organs crack down on crimes that hinder the development of the business environment, they not only have difficulties in grasping crimes and non-crimes，There is also a certain degree of one-sidedness in the actual crackdown。
Picture 1
"Figure 1" mainly shows the distribution of crimes involved in criminal cases affecting the business environment handled by Q City's grassroots procuratorial organs from January to June 2021 in each chapter of the "Criminal Law"。As can be seen from the picture above，The charges involved in the case are mainly concentrated in Chapter 3 of the "Criminal Law" "Crimes of Undermining the Order of the Socialist Market Economy"，It has the highest proportion；Bet365 sportsbook reviewChapter 5 "Crime Against Property" follows；The second is Chapter 6 "Crime of Obstructing Social Management Order"；Chapter 4 "Infringement of Citizens' Personal Rights、Democratic rights crime”，The lowest proportion。The crime involved in handling cases affecting the business environment is mainly the crime of illegally absorbing public deposits、Office embezzlement、Crime of misappropriation of funds、Crime of fraudulently obtaining loans、Crimes of producing and selling counterfeit medicines, etc.。Therefore visible，The procuratorate has the problem of a single type of cases when handling cases that affect the business environment。
(2) Procuratorate staff have weak economic and legal knowledge
In addition to the objective problem of a single type of case handling，Procuratorate staff have always focused on prosecuting crimes，Less focus is on services to ensure the business environment。At the same time，Procuratorate staff are mostly keen on studying criminal law，Lack of civil and commercial law、Study of intellectual property law or economic law and other related departmental laws，As a result, case handlers have relatively weak knowledge when handling civil administrative cases，Added difficulty to case handling。Procuratorates often use case type as the standard for dividing functional departments，As a result, many case handlers are often stretched thin when handling civil administrative cases。
(3) Lack of establishment of relevant systems and mechanisms for the procuratorial organs to ensure the business environment
Currently when the procuratorate is conducting judicial supervision of the business environment，Not only requires coordination with various agencies within the judicial system，And the police、Prosecution、Information sharing between trials and other agencies，Case Report、Case transfer system，Realizing administrative penalties、Effective docking of criminal punishment and other procedures，An enterprise is still needed、Media、Social organization、The Federation of Industry and Commerce and others provide external coordination，Work together to create a high-quality business environment。And currently，The procuratorial organs are relatively independent in supervising the market environment and market entities，There is no complete coordination and linkage mechanism，There is direct internal business friction among relevant units，This is not conducive to improving work efficiency。In addition，There is still a lack of supervision mechanism for pursuing wrongful cases，For serious mistakes in decision-making that cause heavy losses or adverse effects，Holding the main responsible persons accountable in accordance with laws and regulations is a necessary means to implement effective supervision。However, my country's grassroots procuratorial organs currently lack an internal accountability system and supervision agency for major decisions related to the business environment，Unable to Bet365 sportsbook reviewinvestigate and supervise wrong cases。
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(1) Procuratorate must accurately grasp the boundary between crime and non-crime
Procuratorates need to pay attention to the particularity of criminal cases involving the business environment，We must strictly distinguish between economic disputes and economic crimes，Unless expressly prohibited by laws and administrative regulations，For the normal production and operation behavior of the enterprise，Not to be treated as illegal or criminal。
At the same time，The procuratorial organs should give full play to their supervisory role，Based on the common criminal cases handled based on the above statistics，Actively explore new types of cases that may affect the business environment，Enrich the work content of the procuratorial organs in serving and ensuring the business environment，Further expand the service scope of the procuratorial organs。In the most common areas of criminal cases，We must strengthen the supervisory role of the procuratorial organs，Expand the impact of their work，At the same time, we must focus on cracking down on criminal gang-related cases that endanger social security and key areas of food and drugs (analysis results in Figure 1，Chapter 3 of the "Criminal Law" "Crimes of Undermining the Order of the Socialist Market Economy" and Chapter 5 of "Crimes of Infringement of Property" are the key areas)，This type of crime has a wide impact、Great influence，Procuratorates need to increase their efforts to crack down on such crimes。In the field of civil administrative cases，Fully strengthen the procuratorial public interest litigation function，Actively explore the types of procuratorial public interest litigation cases and the case clue collection mechanism，Aiming at polluting ecological resources and environment、Infringement of group consumer rights and other new public interest litigation cases，Provide prosecutorial support for service and business environment protection from a new perspective。
(2) Procuratorate staff need to improve their professional quality
Prosecutors should strengthen their understanding of civil and commercial law、Learning knowledge about economic law and finance，Continuously broaden your knowledge，Expand your own business capabilities。The judicial system needs talents with comprehensive judicial knowledge，Cultivating and investing in professional talents is to promote the professionalization of the inspection team、Means of elite construction。The procuratorial organs must also take the initiative to introduce talents，Provide professional knowledge case handling support through experts，Strengthen professional training and guidance for prosecutorial staff，Strengthening the personnel training and talent introduction of the inspection team is the best way to maintain the vitality of the procuratorial organs。
(3) Improve the corresponding working mechanism of the procuratorial organs
It is necessary to establish a coordination and linkage mechanism between the procuratorial organs and other departments，This bet365 live online casinomechanism not only includes the coordination of various agencies within the judicial system，Also including the Federation of Industry and Commerce、Social organization、Enterprise、Local media and other internal and external linkages，Only through internal and external coordination can we create high-quality business environment services。Through this coordination mechanism with the public security、Information sharing between judicial and other agencies、Case Report、Case transfer system，Strengthen internal communication and coordination，Reduce internal friction between related units，Improve overall efficiency。In addition，It is necessary to establish a legal accountability and supervision mechanism，Establishing a legal business environment is an important part of optimizing the business environment，The establishment of a legal business environment requires perfect legislation、Fair law enforcement and reasonable justice，Therefore，Procuratorate staff must achieve judicial impartiality、Justice for the people，For major decision-making errors in business-related cases, a corresponding wrongful case investigation and punishment mechanism should be established，Strengthen supervision of prosecutorial staff。
In short，Optimizing the business environment requires strengthening the supervision function of the procuratorial organs，Expand the types of cases handled by the procuratorial organs，Improving the case-handling capabilities of procuratorial staff，Create a more complete working mechanism，Truely make the driver’s agency the main participant in optimizing the business environment，Achieve the goal of “the rule of law is the best business environment”。
This article is a selection of outstanding articles in the second issue of the "Fayuan Argument" essay competition，Due to space limitations，Comments omitted，Presented as reference，Please see [Attachment] for the original text。The content of the article represents only the author’s personal views，For all readers to read and review。
Text/Sun Hao
Proofreading/Li Zilin
