【资讯】协力护航民营经济健康发展——工商联界别委员热议两高报告

推进涉案企业合规改革试点以来，检察机关共办理相关案件5150件，已有1498家企业整改合格，3051名责任人被依法不起诉；另有67家企业整改不实，243名责任人被依法追诉……这一串串数字背后，呈现着中国司法机关对“努力让人民群众在每一个司法案件中感受到公平正义”的坚守，以及对广大企业健康发展的严管与厚爱。

3月7日下午，最高人民法院院长周强、最高人民检察院检察长张军在十四届全国人大一次会议举行的第二次全体会议上，分别作最高人民法院工作报告和最高人民检察院工作报告（以下简称两高报告），引发工商联界政协委员热议。

委员们认为，两篇报告彰显公平正义，顺应了新时代广大人民群众对审判工作、检察工作的新期待，展现了走中国特色社会主义法治道路的光明前景。特别是最高法和最高检出台的一系列支持民营经济健康持续发展的政策和举措，护航民营企业行稳致远、不断迈向高质量发展新征程。 CXO UNION-CXO联盟（cxounion.cn）

一、法治是最好的营商环境

两高报告中提到的着力营造法治化营商环境、依法保护产权和企业家权益等一系列举措，让委员们深有感触。

全国政协委员、江苏省工商联主席刘聪说，近年来的司法实践，让江苏工商联及民营企业家们深切感受到了人民法院和检察院在服务保障民营经济高质量发展方面作出的不懈努力、取得的显著成绩。江苏省法院和江苏省检察院在打造一流法治化营商环境、依法保护产权和企业家权益等方面做了大量深入细致的工作，出台了多项措施，收到了良好效果。

最高法报告提到，人民法院依法服务优化营商环境，司法程序质量保持全球领先，为我国营商环境世界排名大幅跃升作出积极贡献。最高检工作报告也指出，做实对国企民企、内资外资等各类企业依法平等保护，营造法治化营商环境，把企业产权和企业家合法权益保护落到实处，促进保就业保民生。

全国政协委员、山西美锦能源股份有限公司董事长姚锦龙说，民营企业就是国民经济中一个很活跃的细胞，“土壤”的健康优化，是护航民营企业健康发展和民营企业家健康成长的重要基础和关键要素。“破除制约民营企业公平参与市场竞争的制度障碍，依法维护民营企业产权和企业家权益，采取更有效的措施支持中小微企业和个体工商户发展等措施的落地，都将增加民营企业家的安全感、获得感。”

“回顾这几年疫情，法治护航民企发展，其实做了很多新的尝试。”姚锦龙举例介绍，比如对一些中小微企业出现的拖欠账款等问题，法院协调企业以延期付款、分期付款等方式履行债务，鼓励业主减免租金、减免逾期利息，最终实现了共赢多赢。“这是执法的智慧，更是司法的担当。” CXO UNION-CXO联盟（cxounion.cn）

“作为最高法和最高检的特约监督员，这两年来我明显感觉到，各级法院和检察院的执法能力和水平越来越高，特别是几次参加了各级法院和检察院组织的执法调研和交流，深切感受到两高做了很多求真务实的工作，让人民群众在每一个司法案件中都得到了公平正义。”全国政协委员、荣民集团董事长史贵禄说，过去五年，最高法积极落实“两个毫不动摇”，发布《优化法治环境促进民营经济发展壮大意见》，坚决防止以刑事手段干预经济纠纷，坚决保护民营企业和企业家合法财产权益，支持诚信经营，鼓励公平竞争。对侵犯民营企业产权和企业家权益的案件，加大监督指导力度，对错案一经发现，坚决给予纠正。完善产权保护、市场准入、公平竞争、社会信用等方面的司法政策。

“企业要依法治企、合法经营，共同维护法治化营商环境。”全国政协常委、北京叶氏企业集团有限公司董事长叶青表示，民营企业要崇尚法治精神，坚守诚信守法经营之道。做到讲正气、走正道，在创新创业中继承、弘扬、传播优秀企业家精神，提升法治意识，坚持依法经营、依法治企、依法维权，遵纪守法办企业、光明正大搞经营。要促进公平正义，共同维护良好市场秩序，严格规范自身行为、争当公平竞争榜样，积极建立行业公约、提升自身治理能力，主动承担社会责任，与各类经营主体同在广阔的发展空间竞相迸发蓬勃生机和活力，积极助力以中国式现代化全面推进中华民族伟大复兴。

二、涉案企业合规改革让企业重获新生

检察机关开展涉案企业合规改革试点工作，对促进民营企业高质量发展、营造法治化营商环境具有重要意义。督促企业作出合规承诺、进行合规整改，目的就在于努力让企业“活下来”“留得住”“经营得好”。

最高检2018年发布11项检察政策，明确对企业负责人涉经营类犯罪依法能不捕的不捕、能不诉的不诉、能不判实刑的提出适用缓刑建议。2020年起探索涉案企业合规改革试点：对依法可不捕、不诉的，责成涉案企业作出合规承诺、切实整改；会同国务院国资委、全国工商联等12部门共建第三方监督评估机制，强化监管落实。

“很多企业家深有感触地说，通过合规改革让他们真切感受到了关心，抵御住了风险，得到了莫大的帮助。”全国政协委员、青海省工商联主席李青颇有感触。

李青介绍，全国工商联与检察院等部门深入推进企业合规管理与建设，联合建立涉案企业合规第三方监督评估机制，助推民营企业在合法合规中提高竞争能力。目前最高人民检察院已经发布了第四批涉案企业合规典型案例，对于警示教育民营企业合规经营，指导检察机关办理涉案企业合规案件，推动涉案企业合规改革深入开展起到指导示范作用。经过公检法司和工商联多年来的共同努力，涉企法规不断完善，维权制度体系不断健全，法治化营商环境不断优化，民营经济领域“建良法”“养法商”“育法企”“施善治”的良好局面逐渐形成，有力保障了民营经济健康发展和民营经济人士健康成长。 CXO UNION-CXO联盟（cxounion.cn）

全国政协委员、云南鸿翔一心堂药业集团股份有限公司董事长阮鸿献谈到，“最高检报告中指出，明确对企业负责人涉经营类犯罪依法能不捕的不捕、能不诉的不诉、能不判实刑的提出适用缓刑建议”等一系列举措深得民心。通过合规不起诉，涉案企业获得“改过自新”的机会，经营理念从效益优先转为合规与效益并重。

三、携手协力护航民营经济发展

民营经济发展壮大离不开一流营商环境保驾护航。委员们表示，希望最高法和最高检在未来工作中进一步营造法治化营商环境，进一步积极向便民领域延伸各项司法服务，积极为推动高质量发展创造更好的环境。

刘聪建议，最高法和最高检进一步加强府院联动机制建设，建立健全会商研判、联合督办等机制，汇聚多元解纷的强大合力，持续探索涉案企业合规治理，助力企业“司法康复”，加大对下指导，让好的创新改革举措进一步落实落细，以能动履职安商惠企，营造更好的法治化营商环境。 CXO UNION-CXO联盟（cxounion.cn）

“希望两高进一步通过法律援助的手段，多与各级工商联、企业家座谈交流，听取民营企业发展过程中遇到的困难和问题，并出台有关政策和举措，促进民营经济健康持续发展。”史贵禄表示。

“日常调研中我们也发现一些不足，司法执法实践的标准统一、制度化建设有待完善，服务保障营商环境的司法执法办案标准还不够统一，比如强制措施的运用、新兴业态经济犯罪证据的把握等。”为此，李青建议，要统一司法执法标准，统筹建立营商环境类案件司法执法工作常态化、制度化的工作协调机制。进一步推动司法执行与行政执行数据共享，建立健全行政执法证据与司法证据互通互认支撑系统。“注重专项整治活动长效机制建设，把构建法治化营商环境工作中的好经验好做法，适时转化为法规规章，使广大民营企业家对未来环境形成稳定预期，为经济高质量发展打下坚实的信心基础。”

翻译：

Working together to escort the healthy development of the private economy — Members of the Industry and Commerce Federation discussed the two high reports

Since the trial of compliance reform of the enterprises involved, the procuratorial organs have handled 5,150 cases, 1,498 enterprises have passed the rectification process, and 3,051 persons responsible have been exempted from prosecution according to law. Another 67 enterprises rectification is not true, 243 responsible persons were prosecuted according to law… Behind this string of figures, the Chinese judicial organs show their adherence to “striving to let the people feel fairness and justice in every judicial case”, as well as their strict management and love for the healthy development of the majority of enterprises. CXO UNION-CXO联盟（cxounion.cn）

On the afternoon of March 7, Zhou Qiang, president of the Supreme People’s Court, and Zhang Jun, Procurator-general of the Supreme People’s Procuratorate, respectively made the work report of the Supreme People’s Court and the work report of the Supreme People’s Procuratorate (hereinafter referred to as the two high reports) at the second plenary meeting of the first session of the 14th National People’s Congress, which triggered hot discussions among members of the CPPCC Federation of Industry and Commerce.

Members believe that the two reports highlight fairness and justice, conform to the new expectations of the broad masses of the people for trial and procuratorial work in the new era, and show a bright prospect of taking the socialist road of rule of law with Chinese characteristics. In particular, the Supreme People’s Court and the Supreme People’s Procuratorate have issued a series of policies and measures to support the healthy and sustainable development of the private economy, and escort private enterprises to steady and long-term development and continue to move towards a new journey of high-quality development.

First, the rule of law is the best business environment

A series of measures mentioned in the two high-level reports, such as focusing on creating a law-based business environment and protecting property rights and entrepreneurs’ rights and interests in accordance with the law, have deeply touched members.

Liu Cong, a member of the CPPCC National Committee and chairman of the Jiangsu Federation of Industry and Commerce, said that the judicial practice in recent years has made the Jiangsu Federation of Industry and Commerce and private entrepreneurs deeply feel the unremitting efforts and remarkable achievements made by the people’s courts and procuratorates in serving and guaranteeing the high-quality development of the private economy. The courts of Jiangsu Province and the procuratorates of Jiangsu Province have done a lot of in-depth and detailed work in building a first-class business environment governed by law, protecting property rights and entrepreneurs’ rights and interests in accordance with the law, introduced a number of measures, and received good results.

The SPC report mentioned that the people’s courts have served to optimize the business environment in accordance with the law, and the quality of judicial procedures has remained a global leader, making positive contributions to a significant jump in China’s business environment ranking in the world. The SPP work report also pointed out that we will ensure equal protection for state-owned and private enterprises, domestic and foreign enterprises and other types of enterprises in accordance with the law, create a business environment governed by the rule of law, and effectively protect the property rights of enterprises and the legitimate rights and interests of entrepreneurs, so as to ensure employment and people’s livelihood. CXO UNION-CXO联盟（cxounion.cn）

Yao Jinlong, a member of the National Committee of the Chinese People’s Political Consultative Conference and chairman of Shanxi Meijin Energy Co., LTD., said that private enterprises are a very active cell in the national economy, and the healthy optimization of the “soil” is an important foundation and key element for the healthy development of private enterprises and the healthy growth of private entrepreneurs. “The implementation of measures such as removing institutional barriers that restrict private enterprises’ fair participation in market competition, protecting the property rights of private enterprises and the rights and interests of entrepreneurs in accordance with the law, and taking more effective measures to support the development of micro, small and medium-sized enterprises and individual industrial and commercial businesses will increase the sense of security and gain of private entrepreneurs.”

“Looking back at the epidemic in recent years, the rule of law has escorted the development of private enterprises, and in fact, many new attempts have been made.” Yao Jinlong, for example, for some small, medium-sized and micro enterprises in arrears and other issues, the court coordinated the enterprises to defer payment, installment payment and other ways to perform debt, encourage owners to reduce rent, reduce overdue interest, and finally achieve win-win. “This is the wisdom of law enforcement, but also the responsibility of the judiciary.”

“As a special supervisor of the Supreme People’s Court and the Supreme People’s Procuratorate, in the past two years, I have obviously felt that the law enforcement ability and level of the courts and procuratorates at all levels are getting higher and higher. In particular, I have participated in several law enforcement investigations and exchanges organized by the courts and procuratorates at all levels, and I deeply feel that the two procuratorates have done a lot of practical work to ensure fairness and justice for the people in every judicial case.” Shi Guilu, a member of the CPPCC National Committee and chairman of Rongmin Group, said that in the past five years, the Supreme People’s Law has actively implemented the “two unwavering”, issued the “Opinions on Optimizing the Legal Environment to Promote the Development and Growth of the Private Economy”, resolutely prevented criminal intervention in economic disputes, resolutely protected the legitimate property rights and interests of private enterprises and entrepreneurs, supported honest management, and encouraged fair competition. We will strengthen supervision and guidance over cases that infringe on the property rights of private enterprises and the rights and interests of entrepreneurs, and resolutely correct wrongful cases once discovered. We will improve judicial policies on property rights protection, market access, fair competition, and social credit. CXO UNION-CXO联盟（cxounion.cn）

“Enterprises should govern themselves in accordance with the law, operate lawfully, and jointly safeguard the law-based business environment.” Ye Qing, a member of the Standing Committee of the CPPCC National Committee and chairman of Beijing Ye’s Enterprise Group Co., LTD., said that private enterprises should uphold the spirit of the rule of law and adhere to the integrity and law-abiding management. To uphold integrity, take the right path, inherit, carry forward and disseminate excellent entrepreneurial spirit in innovation and entrepreneurship, enhance the awareness of the rule of law, adhere to the law of management, management of enterprises, rights protection, business in accordance with the law and the law, and conduct business in a fair manner. It is necessary to promote fairness and justice, jointly maintain a good market order, strictly regulate their own behavior, strive to be an example of fair competition, actively establish industrial conventions, improve their own governance capabilities, take the initiative to assume social responsibilities, and compete with all types of business entities in the broad development space to unleash vitality and vitality, and actively help the Chinese modernization to comprehensively promote the great rejuvenation of the Chinese nation.

Second, the compliance reform of the enterprises involved has given the enterprises a new lease of life

The pilot work of compliance reform of the enterprises involved in the case carried out by the procuratorial organs is of great significance to promoting the high-quality development of private enterprises and creating a business environment governed by law. Urging enterprises to make compliance commitments and carry out compliance rectification is aimed at making enterprises “survive”, “stay” and “operate well”. CXO UNION-CXO联盟（cxounion.cn）

In 2018, the Supreme People’s Procuratorate issued 11 procuratorial policies, which clearly put forward suggestions for the application of probation for those who can not arrest, prosecute or sentence a person in charge of a business related crime according to law. From 2020, we will explore the pilot compliance reform of the enterprises involved: for those who are not arrested or prosecuted according to law, the enterprises involved will be required to make compliance commitments and make effective rectification; Jointly build a third-party supervision and evaluation mechanism with 12 departments such as the State-owned Assets Supervision and Administration Commission of the State Council and the All-China Federation of Industry and Commerce to strengthen supervision and implementation.

“Many entrepreneurs said that through the compliance reform, they really felt cared about, resisted risks, and got great help.” Li Qing, a member of the CPPCC National Committee and chairman of the Qinghai Federation of Industry and Commerce, has a feeling.

Li Qing introduced that the All-China Federation of Industry and Commerce and the Procuratorate and other departments have in-depth promoted the management and construction of enterprise compliance, jointly established a third-party supervision and evaluation mechanism for the compliance of enterprises involved in the case, and promoted private enterprises to improve their competitiveness in legal compliance. At present, the Supreme People’s Procuratorate has issued the fourth batch of typical compliance cases of the enterprises involved, which has played a guiding and exemplary role in warning and educating private enterprises on compliance operations, guiding procuratorial organs to handle compliance cases of the enterprises involved, and promoting the in-depth development of compliance reform of the enterprises involved. Through the joint efforts of the Department of Public Prosecution and Law and the Federation of Industry and Commerce over the years, enterprise-related regulations have been continuously improved, the system of rights protection has been continuously improved, the business environment under the rule of law has been continuously optimized, and a good situation of “building good laws”, “supporting legal businessmen”, “nurturing legal enterprises” and “giving good governance” in the field of private economy has gradually formed, effectively guaranteeing the healthy development of the private economy and the healthy growth of private economic personnel. CXO UNION-CXO联盟（cxounion.cn）

Ruan Hongxian, a member of the National Committee of the Chinese People’s Political Consultative Conference and chairman of Yunnan Hongxiang Xintang Pharmaceutical Group Co., LTD., said that “the report of the Supreme People’s Procuratorate pointed out that a series of measures such as the non-arrest, non-prosecution, and non-sentencing of the application of probation suggestions for the business crimes of the person in charge of the enterprise can not be arrested according to law.” Through non-prosecution of compliance, the involved enterprises get the opportunity to “reform”, and the business philosophy changes from prioritizing efficiency to paying equal attention to compliance and efficiency.

Third, work together to protect the development of the private economy

The development and growth of the private economy cannot be separated from the escort of a first-class business environment. Members expressed the hope that the Supreme People’s Court and the Supreme People’s Procuratorate will further create a business environment governed by the rule of law in their future work, further actively extend various judicial services to the field of convenience, and actively create a better environment for promoting high-quality development.

Liu Cong suggested that the Supreme People’s Court and the Supreme People’s Procuratorate further strengthen the construction of the linkage mechanism of the government and the court, establish and improve the mechanism of consultation, research and judgment, joint supervision and management, gather a strong force of diversity and resolution, continue to explore the compliance governance of the enterprises involved, help the “judicial rehabilitation” of enterprises, increase guidance, and further implement good innovative reform measures to actively perform their duties and benefit the business. We will foster a better business environment governed by law.

“It is hoped that the two high schools will further discuss and exchange with the Federation of Industry and Commerce and entrepreneurs at all levels through legal assistance, listen to the difficulties and problems encountered in the development of private enterprises, and introduce relevant policies and measures to promote the healthy and sustainable development of the private economy.” “Said Mr Sguilu.

“In our daily research, we also found some deficiencies. The standards and institutionalization of judicial law enforcement practice need to be improved, and the standards of judicial law enforcement handling cases that serve to ensure the business environment are not uniform enough, such as the application of compulsory measures and the grasp of evidence of economic crimes in emerging businesses.” To this end, Li Qing suggested that judicial law enforcement standards should be unified, and a coordination mechanism for the normalization and institutionalization of judicial law enforcement in business environment cases should be established as a whole. We will further promote data sharing between judicial enforcement and administrative enforcement, and establish and improve a support system for mutual recognition of administrative law enforcement evidence and judicial evidence. “Pay attention to the long-term mechanism construction of special rectification activities, and translate good experience and good practices in the construction of a law-based business environment into laws and regulations in a timely manner, so that the majority of private entrepreneurs can form stable expectations for the future environment and lay a solid foundation of confidence for high-quality economic development.”

由CXO UNION-CXO联盟（cxounion.cn）转载而成，来源于中华工商时报；编辑/翻译：CXO UNIONCXO联盟小U。

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