In the past ten years, the procuratorate of Xi'an City, Shaanxi Province has provided efficient and high-quality judicial guarantee for the construction of the "Belt and Road" with the rule of law and active performance of duties.
The Silk Road has a starting point and no end to service
"The envoys look at each other on the road, and the business travel is endless", which is the grand scene of the Silk Road starting from the ancient Chang'an City. Nowadays, more than 20,000 special trains for different goods such as special trains for new energy vehicles, special trains for home appliances, and special trains for daily necessities continue to drive out of the international port station of Xi'an International Port District, becoming a "steel camel fleet" in the new era. With the help of the "Belt and Road", Xi'an has once again become an industrial highland and golden channel for opening up to the outside world. In the ten years since General Secretary Xi Jinping put forward the "Belt and Road" initiative, the Xi'an Municipal Procuratorate has provided efficient and high-quality judicial guarantees for the construction of the "Belt and Road" with the rule of law and active performance of duties, and injected procuratorial power into this road of peace, prosperity, openness, green, innovation and civilization.
A plus point for doing the best business environment
The warm winter sun is shining through the window, and Wang Li, the prosecutor of the Xi'an Municipal Procuratorate, is carefully wiping down the desk and bookshelves, and the "urban legal space" she is responsible for is about to welcome a group of entrepreneurs.
10 years ago, the Xi'an Municipal Procuratorate set up a column to serve the "Belt and Road" with the WeChat public account as the carrier, introducing the main functions of the procuratorate and the important measures to ensure the construction of the "Belt and Road", which was welcomed by business operators. Four years ago, the institute built a comprehensive service platform integrating functions such as legal and regulatory inquiry, law book reading, classic case demonstration, legal knowledge lectures, lawyer duty consultation, and procuratorial and enterprise cultural exchanges in the high-tech development zone. Recently, a group company of China Railway specially organized a group of managers to come here to communicate face-to-face with the prosecutor. So far, hundreds of case discussions, lawyer consultations, and dozens of lectures have been given to entrepreneurs by prosecutors.
Xi'an Weibei Industrial Zone is one of the important projects of Xi'an Municipal Party Committee and Municipal Government to promote the construction of Xi'an as an international metropolis and a "new starting point of the Silk Road Economic Belt", including Gaoling Equipment Industry Group, Yanliang Aviation Industry Group, and Lintong Modern Industry Group, focusing on the development of industrial industries such as automobiles, aviation, rail transit, energy equipment, new materials, and general special equipment manufacturing. At the beginning of the establishment of Weibei Industrial Zone, there were cases of theft of enterprise materials and property. The procuratorates of Gaoling, Yanliang and Lintong districts of Xi'an City have opened up green channels for enterprise-related cases to implement quick arrest and prosecution of enterprise-related cases. Today, Weibei Industrial Zone has become a landmark project of the new starting point of the Xi'an Silk Road Economic Belt. "Handle every case with high quality and efficiency, and reflect the heart of protecting the enterprise and loving the enterprise in the effectiveness of the case. Chen Ming, chief prosecutor of the Xi'an Municipal Procuratorate, emphasized many times.
In October 2023, the Yanta District Procuratorate of Xi'an City handled a case of embezzlement and misappropriation of funds involving enterprises. The criminal suspect took advantage of the convenience of serving as a financial officer of a company to embezzle and embezzle more than 2,000 yuan of the company's funds, of which more than 1,900 yuan was transferred by the criminal suspect to a bank card controlled by him, and was later frozen by the public security organs in accordance with the law. The freezing of large amounts of funds can easily trigger a series of chain reactions that are unfavorable to the production and operation activities of enterprises. After a comprehensive and in-depth investigation, the Yanta District Procuratorate held that the funds could be returned to the victim enterprise before the conclusion of the litigation procedure in accordance with the law. After receiving the procuratorial suggestions issued by the Yanta District Procuratorate, the public security organs promptly returned more than 1,900 yuan of funds involved in the case to the victim enterprises.
"The rule of law is the best place to do business, and quality prosecutorial services should be a plus. Chen Ming emphasized. In the "2023 Research Report on Top 100 Advanced Manufacturing Cities" released on November 24, 2023, Xi'an ranked 11th, jumping 9 places from 2018.
"Behind the continuous new achievements in the construction of the 'Belt and Road' and the vigorous development of Xi'an's economy, the care of the procuratorate is indispensable. Lv Jianzhong, deputy to the 14th National People's Congress and chairman of the Silk Road International Chamber of Commerce, told reporters.
The Yanta District Procuratorate of Xi'an City appeared in court to support the prosecution of a criminal case of infringement of intellectual property rights of enterprises
Implement the protection of intellectual property rights in the whole chain
In the construction of the "Belt and Road", Xi'an put forward the strategic idea of "intelligent manufacturing meets the Silk Road and innovation leads the future". In order to protect the high-quality incubation soil of high-tech products and the healthy development of high-tech enterprises, the Xi'an Municipal Procuratorate has given full play to its intellectual property prosecution functions and built an intellectual property protection network that operates in the whole chain of anti-crime, service protection, publicity and prevention.
Since 2021, the Xi'an Municipal Procuratorate and the Xi'an Municipal Intellectual Property Office have jointly issued the "Opinions on Strengthening the Connection between Execution and Execution of Intellectual Property Rights Protection", signed the "Opinions on Strengthening Coordination in Combating Cases of Intellectual Property Infringement Crimes" with the Xi'an Municipal Public Security Bureau, and signed the "Relevant Provisions on the Convergence of Administrative Law Enforcement and Criminal Justice for Market Regulation" with the Xi'an Municipal Administration for Market Regulation and other units, to fully protect innovation, creativity and entrepreneurship. Subsequently, the Xi'an Municipal Procuratorate took the initiative to connect with the Xi'an Intellectual Property Protection Center, the Science and Technology Bureau and other units to investigate the situation of high-tech enterprises in the city, and discussed with the representatives of enterprises to ask about their needs. After in-depth demonstration, the Xi'an Municipal Procuratorate determined that 122 enterprises were included in the first batch of the "List of Key Linked Enterprises for Intellectual Property Protection of Xi'an Municipal Procuratorate", and 63 patented technology creations and inventions were included in the "List of Intellectual Property Core Technology Protection of Xi'an Municipal Procuratorate", so as to strengthen targeted protection and enhance the confidence of enterprise development.
In 2021, a patented product of a technology joint-stock company in Xi'an was counterfeited one after another in the market. After being transferred by the public security organs for review and prosecution, the procuratorate initiated a public prosecution in accordance with the law, recovering millions of yuan in losses for the company. In 2022, the company became one of the first contact points for intellectual property protection of the Xi'an Municipal Procuratorate.
At the beginning of February 2022, Chen and others saw that the mascot of the Beijing Winter Olympics "Bingdundun" related products were extremely popular at home and abroad, and without obtaining relevant authorization, they privately produced night lights with the "Bingdundun" logo and sold them through online and offline channels. After the infringing goods flowed into Xi'an, they were seized by the public security organs, and the Xi'an Xincheng District Procuratorate intervened in advance to guide the investigation and prosecuted 12 people including Chen in accordance with the law. In the end, the court sentenced the 12 defendants to fixed-term imprisonment ranging from three years to one year for copyright infringement.
On November 13, 2023, the Intellectual Property Prosecution Department of the Xi'an Municipal Procuratorate compiled the book "Reminder of Common Intellectual Property Legal Risks for Enterprises" with reference to the opinions of various parties, which is convenient for enterprises to inquire and use. The book is classified and compiled, including 4 aspects and 55 questions and answers. Many companies have reported that it is very intuitive and easy to use. Wu Fang, head of the Intellectual Property Procuratorate Office of the Xi'an Municipal Procuratorate, introduced.
"Performing duties in strict accordance with the law and equally protecting the legitimate rights and interests of each 'intelligent manufacturing' enterprise is to create the best environment for intellectual property protection in Xi'an and protect the 'Belt and Road' enterprises to embark on a long voyage. Wen Hongpei, deputy procurator general of the Xi'an Municipal Procuratorate, said.
The prosecutor of the Lianhu District Procuratorate of Xi'an City conducted an investigation in the Xi'an "Digital Go to Sea" Industrial Park
Procuratorial service sent to the "China-Europe Express"
The gongs and drums are noisy, and the whistle is long. On December 20, 2023, the launch ceremony of the China-Europe train Chang'an "Yanxiou" was held at Yan'an North Railway Station. The Chang'an of the China-Europe Express has played a pulling function, marking that Yan'an has also joined the "circle of friends" of Xi'an, and the "+ Western Europe" route of the China-Europe Chang'an has been expanded to 22, building an international logistics channel that seamlessly connects Yan'an and Xi'an to Eurasia.
Xi'an, a thousand-year-old capital that is not along the border or near the sea, has transformed from an inland hinterland into the forefront of China's opening to the west through the China-Europe Express. As early as 10 years ago, when the China-Europe train just left the country, the Xi'an Municipal Procuratorate went deep into the Xi'an International Port Area and the Railway International Port Station to investigate, and joined hands with the public security, customs, quarantine and other administrative law enforcement agencies to build special communication channels, and established a number of work cooperation mechanisms with Xi'an Customs in 2020.
Over the past 10 years, the China-Europe Express Chang'an has become the "five most trains" with the fastest transportation timeliness, the widest route radiation, the most complete service functions, the lowest comprehensive cost and the highest degree of intelligence, and has built a "steel camel fleet" for international trade with high efficiency, low cost and excellent service. It is the joint responsibility of the judicial authorities to ensure the safety and legality of the traded goods. In July 2021, Xi'an Customs seized two batches of suspected infringing goods in the export goods of the China-Europe Express Chang'an, with a total of 7,856 bags printed with internationally renowned brand logos. The Xi'an Municipal Procuratorate relied on the work coordination mechanism to intervene in a timely manner and supervise the relevant administrative law enforcement organs to investigate and deal with the units and persons involved in the case in accordance with law.
While providing service guarantee for the safe transportation and lawful operation of the China-Europe Railway Express Chang'an, the Xi'an Municipal Procuratorate has also actively done a good job in the procuratorial services for the construction of its transfer line.
In June 2023, the Baqiao District Procuratorate of Xi'an City set up a procuratorial contact point for Xi'an East Railway Station (Freight Station), and countersigned the "Collaborative Measures for Public Interest Litigation Work of Key Projects of Xi'an East Railway Station (Trial)" and "Agreement on the Joint Construction of the Inspection and Enterprise of the Xi'an East Station Project of the New West 10 High-speed Railway" with relevant units. Carry out in-depth cooperation between multiple departments in the fields of railway safety maintenance to boost the service of China-Europe freight trains and ensure the operation of major regional projects in accordance with the law. The procuratorate also jointly organized special training on intellectual property protection and trade secret protection for foreign-related transport enterprises under the Belt and Road Initiative with relevant units, so as to improve the legal literacy of enterprise personnel and assist enterprises in improving their internal systems and strengthening risk management.
The prosecutor of the Lintong District Procuratorate of Xi'an City visited Shaanxi Blower (Group) Co., Ltd. for investigation
International judicial cooperation is future-oriented
Over the past 10 years, the Belt and Road Initiative has developed from a "big hand" to a meticulous and delicate "fine brushwork", and has become the most popular international public good and the largest platform for international cooperation.
In August 2018, a person from a Central Asian country remitted the criminal proceeds of a "friend" in Xi'an to that country. After the incident, the Xi'an Municipal Procuratorate quickly intervened in the case of transnational cover-up and concealment of criminal proceeds, and guided the public security organs to collect fixed evidence across the border through diplomatic channels. The defendant was sentenced to one year and eleven months in prison, fined RMB 50,000, and deported. In 2020, the Supreme People's Procuratorate identified the Supreme People's Procuratorate as one of the first batch of typical cases of international judicial assistance in criminal matters.
"When China goes global and participates in international affairs as a responsible major country, it must be good at applying the rule of law. "General Secretary Xi Jinping's words are sonorous and powerful. In October 2023, General Secretary Xi Jinping proposed eight actions for China to support high-quality Belt and Road cooperation at the 3rd Belt and Road Forum for International Cooperation. In response, the Supreme People's Procuratorate set up a "Belt and Road" procuratorial research base in Xi'an. The Shaanxi Provincial Procuratorate and the Xi'an Municipal Procuratorate have respectively established the "Belt and Road" Procuratorial Service Center, aiming to face the world, escort the "Belt and Road" with the procuratorate, and focus on the future to protect the Silk Road with the rule of law.
In 2023, the Xi'an Municipal Procuratorate will further implement the requirements of the central, provincial and municipal governments, and actively participate in the construction of the Xi'an "Belt and Road" International Commercial Legal Service Demonstration Zone. The Xi'an Municipal Procuratorate handled 2 civil supervision cases of foreign-related property disputes throughout the year, accelerated the construction of a professional team for handling foreign-related cases, and strengthened communication and information sharing with the Silk Road Arbitration Center of the China International Economic and Trade Arbitration Commission and the Intellectual Property Court of the Xi'an Municipal Court.
The implementation of the strategy requires talents to take precedence and exchange and build bridges. On the one hand, the Xi'an Municipal Procuratorate has strengthened the cultivation of foreign-related procuratorial talents, jointly held a series of activities of the 2023 Silk Road University Alliance Forum with Xi'an Jiaotong University, and jointly carried out scientific research, teaching, postgraduate training, and foreign-related procuratorial practice with Northwest University of Political Science and Law and other universities, so as to promote the interaction and exchange of procuratorial talents. On the other hand, relying on the teaching practice base of the National Prosecutors College, the Xi'an Municipal Procuratorate has settled in the Xi'an Municipal Procuratorate for the first batch of overseas law enforcement and judicial personnel of the National Prosecutors College to conduct on-site teaching sites in China, and jointly carried out research with the National Prosecutors College and the University of Hong Kong, assisted the Shaanxi Provincial Procuratorate in welcoming the Vietnamese prosecutors training group to visit and study, and actively promoted internal and external research and practice.
"The road of history, the journey of the future. The Xi'an Declaration of the China-Central Asia Summit is still in my ears, and the drumbeat of high-quality construction of the Belt and Road Initiative is in full swing. We will always keep in mind the 'great power of the country' and make every effort to escort the higher-quality and higher-level development of the 'Belt and Road'." The Silk Road has a starting point, but there is no end to the procuratorial service. Chen Ming said.
∆ Procuratorate Daily, January 7, 2024
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Source: Procuratorate Daily, Xi'an Municipal People's Procuratorate