Early Reading | Private Enterprise's Internal "Harm to Enterprises and Fat Private" Behavior Proposed to be Punished in Shanghai | Matters | Fat Private

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Intended punishment for "damaging enterprises and enriching private interests" within private enterprises

On July 25, ※, the fourth session of the Standing Committee of the 14th National People's Congress deliberated the draft amendment to the criminal law for the first time. What is the main background of this revision and improvement, and how can we accurately grasp the spirit of the draft revision? Wang Aili, head of the Criminal Law Office of the Law Working Committee of the Standing Committee of the National People's Congress, answered reporters' questions.

Bribery and bribery are two sides of the same coin, and the "hunting" of bribe givers is an important "source of pollution" in the political ecosystem. In practice, there are situations where the punishment for bribery is relatively weak.

The draft amendment mainly aims to further clarify and strengthen punishment in legislation, adding a provision in the provisions of bribery crimes, which includes six types of situations: multiple bribery, bribery to multiple people, bribery of state officials, bribery in important national work, key projects, and major projects, bribery in organizational personnel, disciplinary law enforcement and justice, ecological protection, finance and finance, safety production, food and medicine, assistance and disaster relief, elderly care and social security, education and medical care, bribery for the purpose of committing illegal criminal activities, and using illegal proceeds for bribery. At the same time, adjust the starting point and level of punishment for the crime of bribery, and connect it with the crime of bribery.

In recent years, corruption among personnel within private enterprises has been frequent and prone to occur. The draft amendment adds crimes related to intentional breach of trust and damage to the interests of private enterprises by internal personnel, and also defines three types of "damaging the enterprise and enriching the private" behaviors of internal personnel of private enterprises, including illegal operation of similar businesses, illegal profit for family and friends, and low price stock conversion for personal gain and favoritism, as crimes.

Article 165, Article 166, and Article 169 of the Criminal Law respectively stipulate the crimes of illegal operation of similar businesses by state-owned companies and related personnel of enterprises, illegal profit for family and friends, and the crimes of favoritism, fraud, low price stock conversion, and sale of state-owned assets. This amendment to the Criminal Law will extend the crimes applicable to "state-owned companies, enterprises" and other related personnel to private enterprises, and further strengthen the equal protection of private enterprises.

The current Criminal Law provides criminal provisions for the above-mentioned behaviors of personnel related to state-owned enterprises, but does not apply to private enterprises. In recent years, with the development and changes of private enterprises in China, internal personnel of private enterprises have also continuously engaged in the above-mentioned behaviors, seriously damaging the interests of enterprises. It is necessary to keep up with the times and improve corresponding legal systems to adapt to the practical needs of protecting private enterprises.

The development of private enterprises in our country is uneven and the situation is relatively complex. Many enterprises have non-standard governance structures and daily management, and some are still family owned enterprises. In case handling, it is necessary to fully consider the actual situation of the enterprise. Especially for conflicts and disputes involving internal shareholders of enterprises, attention should be paid to grasping the boundaries of crime and the intersection of civil and criminal legal issues, to prevent the use of criminal means to interfere with the normal production and operation activities of enterprises. This revision is an important measure to implement equal protection in the law, and at the same time, it is even more important to implement equal protection in law enforcement and judiciary.

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§Shencheng

● The introduction of major functional issues in 2023 into the new town was held yesterday at Songjiang Guangfulin International Cultural Exchange Center. Gong Zheng, deputy secretary of the municipal party committee, mayor, and leader of the municipal new town planning and construction promotion coordination leading group, released a list of 30 major functional matters.

The fourth meeting of the standing Committee of the 16th Municipal people's Congress continued yesterday to deliberate in groups and carry out special inquiries on the report on the comprehensive law enforcement inspection of the implementation of the strategy of rejuvenating the country through science and education and enhancing the ability of self-reliance and self-reliance in science and technology.

The meeting voted and passed the "Regulations of Shanghai Municipality on the Prevention and Control of Soil Pollution" and "Several Provisions of Shanghai Municipality on Promoting the Development of Financial Leasing in Pudong New Area", which will come into effect on October 1, 2023; the "Several Provisions of Shanghai Municipality on Promoting the Standardization and Innovative Development of Pudong New Area", Effective from October 14, 2023. The meeting voted and passed the resolution on approving the "Shanghai Municipal Financial Final Accounts for 2022"; listened to and reviewed the report on the inspection of the city's implementation of the "Shanghai Municipal Domestic Waste Management Regulations"; listened to and discussed the municipal government's report on the city's promotion Report on the work of affordable housing.

The meeting reviewed and voted on the personnel appointment and removal matters, and decided to appoint Chen Jie as the Deputy Mayor of Shanghai, and remove Wu Qing, Guo Fang, and Li Zheng from their positions as Deputy Mayors of Shanghai. The conference also held a constitutional oath taking ceremony.

The reporter learned from Shanghai Waigaoqiao Shipbuilding Co., Ltd., a subsidiary of China Shipbuilding Group Co., Ltd., that on July 24, the first domestic large cruise ship built by the company completed its first trial voyage one day ahead of schedule.

● Yesterday, as the 15-meter-diameter super-large shield "Jiangong" slowly entered the tunnel, the tunnel section of the eastern section of the North Cross Passage was fully completed. "This means that the main line tunnel of the new construction project of the entire North Cross Passage has been officially completed, laying the foundation for opening to traffic next year." Huang Guobin, chairman of Shanghai Chengtou Highway Investment Group and commander of Beiheng Passage Project Site Command, said. The 19.1-kilometer-long North Cross Passage is known as "Shanghai's second east-west traffic artery" and was once praised by the industry as the No. 1 traffic project in Shencheng. Since the start of construction in December 2014, the construction of the North Cross Passage has lasted more than 8 years.

§domestic

●As the August 1st Army Day is approaching, the Political Bureau of the CPC Central Committee conducted the seventh collective study on comprehensively strengthening military governance on the afternoon of July 24. Xi Jinping, general secretary of the CPC Central Committee, stressed the need to fully implement the spirit of the 20th CPC National Congress, thoroughly implement the idea of strengthening the army in the new era, implement the military strategic policy in the new era, adhere to the party's absolute leadership over the army, adhere to the only fundamental standard of combat effectiveness, adhere to and improve the socialist military system with Chinese characteristics, build a modern military governance system, and improve the ability of modern military governance. Promote the high-quality development of our army with high-level, to provide a strong guarantee for the realization of the 100-year goal of army building.

The fourth session of the standing Committee of the 14th National people's Congress was held in the Great Hall of the people in Beijing on the 25th. After a vote, the meeting decided to remove Qin Gang from the post of Minister of Foreign Affairs, appoint Wang Yi as Minister of Foreign Affairs, remove Yi Gang from the post of Governor of the People's Bank of China, and appoint Pan Gongsheng as Governor of the People's Bank of China. President Xi Jinping signed Presidential Order No. 8. Chairman Zhao Leji presided over the meeting.

●On July 25, Minister of Commerce Wang Wentao met with Nicaraguan Minister of Development, Industry and Trade Bermudez in Beijing and jointly announced the substantive completion of the China-Nepal Free Trade Agreement negotiations. The two sides agreed to step up relevant technical preparations and implement domestic ratification procedures, and strive to sign and implement the agreement as soon as possible.

●The National Health Commission organized and compiled the "Ten Core Knowledge on the Prevention and Control of Myopia in Children and Adolescents", which was released on the 25th. It mainly includes: preventing myopia from early childhood, outdoor activities for not less than 2 hours during the day, forming good eye habits, controlling video screen time by age, insisting on eye exercises every day, balanced nutrition and adequate sleep, diagnosing myopia according to medical examination, timely intervention in diagnosis of myopia, paying attention to high myopia and related complications, and working together to build a "protective wall".

● Three Chinese scientific research team members entered the Chinese Arctic Yellow River Station in Svalbard, Norway, on the afternoon of the 24th. In the next seven months, Chinese scientific research team members will carry out a number of scientific research activities at the Yellow River Station.

●The reporter learned from the FAST Operation and Development Center on the 25th that as of now, the 500-meter spherical radio telescope known as the "Chinese Sky Eye" has discovered more than 800 new pulsars.

On July 25, 2023, the Intermediate people's Court of Chuzhou City, Anhui Province publicly sentenced Zhou Jiangyong, former member of the standing Committee of the Zhejiang Provincial CPC Committee and former secretary of the Hangzhou Municipal CPC Committee, in the case of accepting bribes, sentenced the defendant Zhou Jiangyong to death for accepting bribes, suspended for two years, deprived of political rights for life, and confiscated all personal property; the proceeds and fruits of Zhou Jiangyong's bribery crime shall be recovered in accordance with the law and turned over to the state treasury.

●The reporter learned from the Beijing Higher People's Court that the Beijing No. 1 Intermediate People's Court publicly pronounced on the case of Mou Linhan's criminal abuse and civil appeal on the 25th, ruling to reject the appeal and uphold the original judgment.

●On the 25th, the Beijing No. 3 Intermediate People's Court opened a court session in accordance with the law to hear the appellant Wu Yifan's case of rape and fornication. Because the privacy of the victim is involved, the case shall be heard in a closed court session in accordance with the law. The case will be sentenced in accordance with the law.

§International

●The International Monetary Fund raised its 2023 world economic growth forecast to 3.0 on the 25th, which is 0.2 percentage points higher than the April forecast. However, the IMF also believes that the world economy faces multiple downside risks and growth is still weak.

The Israeli parliament passed a bill on the 24th, depriving the Supreme Court of the power to dismiss government decisions on the grounds of "unreasonable.

●Japanese media reported on the 25th that the results of a number of latest polls showed that the public opinion support rate of the cabinet led by Japanese Prime Minister Fumio Kishida plummeted, hovering around 30%. One of the polls even showed that Kishida's cabinet support rate fell to 28%, falling into "dangerous waters" below 30% ".

●The launching ceremony of Thailand's first tokamak experimental device TT-1 was held on the 25th in Nakhon Nayu, central Thailand, marking the official start of the operation of this Sino-Thai nuclear fusion experimental device.

Tel Aviv University in Israel recently announced that its researchers have successfully used biocatalysts to produce pollution-free, high-efficiency and low-cost green hydrogen. The study, published in the open-ended journal Carbon Energy, says hydrogen can be produced by enzymes in microorganisms that receive energy through photosynthesis. In the laboratory, the researchers used a water-based gel to attach the enzyme to the electrode, so that the energy source of the enzyme was the electrode instead of the sun, producing green hydrogen gas with an efficiency of more than 90%.

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