It was nearly the end of the year, and it was freezing cold. But in the conference room on the sixth floor of the Baiquan County Procuratorate, it is full of melting warmth. A public review hearing on corporate compliance is underway.
The hearing was presided over by Zhao Ashui, secretary of the party group and acting procurator general of the court, DuoPing, deputy director of the third procuratorial department of the municipal court, attended the meeting for guidance, and five members of the third-party assessment team attended the meeting. People's congress deputies, members of the Chinese People's Political Consultative Conference, people's supervisors, and representatives of enterprises involved in the case were invited to attend the hearing.
The two private enterprises involved in the case were engaged in grain and oil processing and sales, and made certain contributions to the increase of local farmers' income and the employment of workers. In recent years, problems have arisen in the process of enterprise operation in terms of compliance management, market sales channels, and corporate financing. In solving these problems, the head of the enterprise, Mr. Wang, paid bribes to state officials, resulting in violations of criminal law.
In the process of reviewing this case, combined with the actual situation of the case, the Baiquan County Procuratorate took the lead in initiating the enterprise compliance review procedure in the city after studying and asking the municipal court for consent, and under the guidance of the relevant departments of the municipal court, conducted an enterprise compliance review of the units involved in the case. The third-party assessment team was composed of five business backbones from the Finance Bureau, the Taxation Bureau, the Industrial and Information Technology Bureau, the Market Supervision Bureau, the Audit Bureau and other units. Under the supervision of the evaluation team, the two enterprises involved in the case formulated enterprise compliance plans and specific implementation measures, and seriously rectified the problems existing in the enterprises, and achieved specific results. After the review of the third-party group, the company's rectification results were recognized, and a written inspection report was issued, believing that after rectification, the enterprise had the basis and conditions for compliant operation. In this process, the Baiquan County Procuratorate carefully listened to and fully respected the opinions of the third-party assessment team, actively coordinated and supervised the rectification work of the enterprise, and ensured that the compliance review of the enterprise achieved the expected results.
Combined with the enterprise's compliance review, the criminal suspect's attitude of admitting guilt and accepting punishment, and the specific circumstances and social harm of the case, the Baiquan County Procuratorate made a disposition opinion on the relative non-prosecution of the unit involved in the case and the application of a suspended sentence to the criminal suspect, and at the same time proposed to put forward a procuratorial opinion, and the market supervision department will carry out the necessary administrative punishment for the enterprise involved in the case. This handling opinion has sufficient legal and policy basis, and embodies the procuratorial organs' people's livelihood feelings and responsibilities in enforcing the law for the people and serving the overall situation.
Wang Moumou said emotionally in his speech; "Thank you for organizing this hearing by the Baiquan County Procuratorate for your care and support for the future development of our enterprises." In the future, we will definitely operate in compliance, take this case as a lesson for in-depth rectification, and strive to make greater contributions to the local economic development. The defender also expressed his opinion on the mitigating punishment of the enterprises and criminal suspects involved in the case through remote video connection, and affirmed the procuratorial organs' handling opinions.
The third-party group spoke highly of the procuratorial organs' handling opinions, believing that such treatment reflected the temperature of the law and was conducive to the development of enterprises, and fully agreed. Other parties attending the meeting expressed their agreement with the procuratorate's handling opinions.
Finally, Zhao Ashui made a concluding speech at the hearing, pointing out: "In the process of handling criminal cases, carrying out corporate compliance review is a major measure for procuratorial organs to further serve non-public enterprises and promote the optimization of the business environment; it is also an important embodiment of the procuratorial organs' concept of practicing law enforcement for the people and serving the overall situation." In the next step of work, the procuratorial organs will further update the concept of law enforcement, increase the intensity of work, carry out enterprise compliance review work in a timely manner in accordance with the law, promote the compliance and law-abiding operation of the enterprises involved in the case, and contribute procuratorial wisdom and reflect procuratorial responsibility in the context of economic and social development. Amid the warm applause and expectant eyes of the participants, the hearing ended successfully.
Outside the window, it is still ice and snow, but it cannot block the warmth of the sun. The market economy is an economy under the rule of law, which relies on its inherent laws and a sound system of rules to maintain it, and the survival of the fittest is the inevitable result of market competition. We have reason to believe that after the vigilance of this case, the baptism of the tide of the market economy, and the care and help of all sectors of society, the enterprises involved in the case will certainly be able to walk through the harsh winter and usher in the spring color of the garden that belongs to him.