"I am very grateful to the Beijing High Court and the Yanqing Court for jointly carrying out this activity of sending the law into the enterprise, the professional and pragmatic lectures of the two judges have improved the legal literacy of our company's management and improved the legal risk prevention ability of the enterprise, and I believe that under the guidance and help of the court, the level of our company's governance according to law will continue to improve. The person in charge of the construction project management branch of the State Pipe Network Group said after the lecture.
Wonderful joint teaching activities
On April 16, a group of six people from the Second Criminal Division of the Beijing Higher People's Court, the Information Office and the Yanqing Court rushed to the Construction Project Management Branch of the State Pipe Network Group in Langfang City, Hebei Province, to carry out the "Beijing Law Tour Lecture Hall" to send the law into the enterprise. During the event, Dong Xiaojun, deputy secretary of the party group and vice president of the Yanqing Court, and Wang Ning, judge of the Second Criminal Division of the Beijing High Court, respectively gave lectures on the risk and prevention of criminal offenses in the field of expropriation and demolition, and the prevention of job-related crimes in state-owned enterprises. After the lecture, the two judges discussed with the company's management on the issues that the enterprise is concerned about, such as "how to strengthen the management of key positions, key personnel and important information" and "how to strengthen the supervision and substantive review of the expropriation and demolition process", and answered them one by one in combination with the "list of legal needs" raised by the enterprise and the legal issues involved in the development of the enterprise. More than 120 members of the company's party committee, heads of various functional departments, all personnel of the Office of the Commission for Discipline Inspection, and members of the party committee of the subordinate units participated in the event.
The smooth development of this joint activity of sending the law into the enterprise has also enabled the "spring appointment" between the court and the enterprise to be successfully realized.
A two-way spring appointment
In 2023, the Second Criminal Division of the Beijing High People's Court found in the trial of several cases of "grabbing planting and grabbing seeds" fraud that such cases have common characteristics such as a large number of people involved in the crime, a particularly huge amount of crime, a variety of criminal methods, difficulty in detecting and recovering stolen goods, the participation and promotion of criminal acts by village cadres and appraisal companies, and certain omissions in the management and review of the expropriation and demolition of the victim unit. In order to prevent and defuse risks and avoid the recurrence of such cases and damage to national interests, the Beijing High People's Court actively implemented the relevant provisions of the Supreme People's Court on judicial recommendation work, and instructed the Second Criminal Division, the Second Criminal Division of the First Intermediate People's Court, and the Criminal Division of the Yanqing People's Court, which are mainly responsible for hearing such cases, to carry out joint research work on such cases. Based on the cases handled by each of them, the three levels of courts dug deep into the root causes of the deep-seated problems in criminal cases in the field of expropriation and demolition in recent years, found out the crux of the problem, and issued judicial recommendations to the victim unit, the town government, and the appraisal company based on the results of the investigation. Among them, the Second Criminal Division of the Beijing High People's Court issued a judicial recommendation to the State Pipeline Group, the superior unit of the victim Beijing Pipeline Company.
After the issuance of the judicial recommendation, the State Pipe Network Group attached great importance to it, formulated rectification measures for the problems pointed out in the judicial recommendation, and issued a detailed reply letter to the Beijing High Court in a timely manner. At the end of 2023, at the invitation of the State Pipe Network Group, 15 people from the Second Criminal Division of the Beijing High Court and the Research Office of the Department Responsible for Judicial Recommendations and the Second Criminal Division of the First Intermediate People's Court went to the company for a discussion, and the two sides had in-depth exchanges on how to better implement various rectification measures. After the discussion, the Beijing Pipeline Company of the State Pipeline Network Group presented a pennant and a letter of thanks to the Second Criminal Division of the Beijing High Court, praising the court: impartially enforcing the law to defend fairness and justice, and escorting the high-quality development of central enterprises.
After the discussion, the participants of the State Pipe Network Group introduced to the court that the construction project management company directly under the group company, as the only engineering construction enterprise in the four major businesses of the group's "construction, operation, maintenance and research", encountered many legal questions that needed to be answered urgently in the process of engaging in infrastructure construction and trunk pipe network interconnection, and hoped to obtain the help and guidance of the court. In view of this, the State Pipeline Network Group issued an invitation to the court, hoping that after the natural gas and winter warmth battle in the spring of the following year, the court could carry out a joint legal popularization activity. The Information Office of the Beijing High People's Court, which is responsible for the popularization of law, attaches great importance to this, and works with the Second Criminal Division of the High People's Court and the Criminal Division of the Yanqing People's Court to plan the angle, form, and content of legal popularization to ensure that the popularization of law activities achieves practical results. As a result, there was this cross-domain joint legal popularization activity.
A new attempt to perform duties actively
At the end of the lecture, Dong Xiaojun said that timely sending judicial suggestions for problems found in trial practice is an effective measure for the people's courts to extend their trial functions, participate in social governance, and practice active performance of their duties. It is hoped that through the joint efforts of the courts and enterprises, the management mechanism of expropriation and demolition will be improved, the level of supervision and management will be strengthened, and the level of construction of the expropriation and demolition team will be improved, so as to finally build a more complete and efficient prevention system to deal with the crime risks in the field of expropriation and demolition, so as to avoid the recurrence of such crimes.
Wang Ning said that he was very grateful to the State Pipe Network Group for attaching great importance to judicial recommendations, and that the judges, as the units that formulated and issued judicial recommendations, felt a great responsibility. In the future, while hearing the cases in hand, we will jump out of "handling" and "governance", promptly sort out the problems and risks found in the trial of cases, give reminders to relevant units, and strengthen exchanges, so as to make positive contributions to crime prevention and improve the ability of enterprises to regulate risks. ”
Judicial recommendations should not and cannot be "alone", and to do a good job in the implementation of judicial recommendations, not only need to be highly valued, timely feedback, and take measures by the unit that made the recommendation, but also need the support and cooperation of the people's courts.
In this activity, which originated from judicial suggestions, judges took the initiative to go into enterprises, provide professional answers to the problems found in the process of implementing judicial suggestions, solve the "urgency, difficulties and expectations" of enterprises in a targeted manner, and effectively transform the list of enterprise needs into a common list of duties, helping enterprises to implement judicial suggestions, and effectively playing the due role of the people's courts' trial work in promoting and improving social governance.
The three-level courts took the judicial suggestion work as the starting point and jointly carried out this cross-domain activity of sending the law to the enterprise and the joint construction of the law and the enterprise, which is an active exploration and vivid practice of the Beijing court in innovating and actively performing its duties and serving to ensure the coordinated development of Beijing-Tianjin-Hebei. In the next step, Beijing courts will continue to extend their adjudication functions, take judicial suggestions as the main line of work, and put forward suggestions to relevant units and enterprises to improve work and governance in view of the universality and regularity of problems existing in trial practice, and help coordinate implementation, so as to promote the coordinated development of Beijing-Tianjin-Hebei to a new level with high-quality justice, high-efficiency cooperation and high-level services.
Contributed by: Yanqing Court
Photo: State Pipe Network Group
Editor: Wang Yuyang, Xiao Fei
Review: Zhang Lei