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Integrity Information丨Supreme Law: Accelerate the formulation of judicial interpretations to support private enterprises in anti-corruption

2024-03-15

Recently, the Information Bureau of the Supreme People's Court held a live interview with the "Supreme People's Court Work Report" for the 2024 National Two Sessions, providing expert interpretation of a series of central tasks proposed in the report such as supporting private enterprises in anti-corruption and "fighting moles."

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Zhou Lunjun, deputy director of the Second Civil Tribunal of the Supreme People's Court, revealed that in 2023, the national court system concluded a total of cases of bribery and job embezzlement by non-state personnel.6779pieces8124people, caseload increased year-on-year26.6%. This data shows that our country’s judicial authorities at all levels are continuously increasing their efforts to crack down on corruption cases in private enterprises.

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Zhou Lunjun said that internal corruption is a "cancer" that affects and restricts the healthy development of private enterprises. When an enterprise develops to a certain scale, agency cost problems will inevitably arise. Allowing internal "moths" and "rats" to hollow out and corrode, allowing senior executives and employees to enrich themselves and enrich their own pockets, will damage the legitimate rights and interests of the company at the least, and damage the foundation of the company at the worst. The rule of law is the best way to solve the problem of "agency cost". Best means. Currently, the Supreme People's Court is promoting the improvement of relevant legislation to further support enterprises in anti-corruption.

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It is reported that the Supreme People's Court, in its opinions on providing legal guarantees for the development and growth of the private economy, clearly proposed to promote the establishment of a system that simultaneously addresses internal corporate sanctions, civil compensation and criminal punishment.Three-dimensional accountability system, investigate the legal liability of directors, supervisors, and senior executives of private enterprises for violations of their obligations of loyalty such as illegal related-party transactions, seeking company business opportunities, and engaging in horizontal competition, refine the judicial identification standards for diligence obligations, and improve the illegal crimes of "insider control" cost, and maintain the modern enterprise management system that separates shareholder ownership and business management rights.

(Source: Beijing Youth Daily, the content has been deleted)

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