The Supreme People's Procuratorate office on contract fraud, infringement of intellectual property rights and other economic crimes according to law, correctly apply the notification of arrest

(release date:2002Years5Month22Day)

The military procuratorates of provinces, autonomous regions, municipalities directly under the central government, the people's Procuratorate, the people's Procuratorate of Xinjiang production and construction corps:

Recently, the procuratorial organs in a few places to review of arrest of contract fraud, infringement of intellectual property rights and other economic crime case review lax supervision of the investigation organ, people even do not constitute a crime to some facts unclear, insufficient evidence of the case made the arrest, a primary investigation organs Authority to interfere with the economic disputes, provides remote places, deduction, seizure of property and other business behavior"Legitimate"Coat. Influence of the procuratorial organ the image of impartial justice, encourage local and departmental protectionism. In order to ensure the contract fraud, infringement of intellectual property rights and other economic crimes in accordance with the correct application of arrest, supervising the illegal act in economic disputes, the following announcement:

One, to be carried out correctly in the round to serve the economic construction of the guiding ideology and"Strengthen the supervision of law enforcement, justice"The theme of procuratorial work. Market economy is legal economy, competition is the basic rule of market economy, in the fierce competition, have economic disputes between market subjects is inevitable. As a legal supervision organization, to fulfill the sacred duty to maintain the national legal system unification correct implementation, to ensure fair and orderly competition within the limits prescribed by law, to promote the healthy development of the socialist market economy. To determine the economic crimes act constitutes a crime, be determined in accordance with the law to crack down on, in order to maintain the normal economic order, safeguard national interests and the legitimate rights and interests of enterprises, for economic disputes; only through the civil legal means to resolve, not to local interests, the use of criminal means, not disguised arrest measures as engaged in local protection communism means.

Two, to limit the strict distinction between economic crime and economic disputes. Economic crime is more complex the case, crime and economic dispute often intertwined, characteristics of the boundaries of the crime is not easy to distinguish. Determination of economic crime, constitutive elements of crime must be in strict accordance with the basic characteristics of criminal law and crime, the social harmfulness, criminal law, punishment aspects considered behavior. The procuratorial organs at all levels in the review of arrest in the work, to limit the strict distinction between economic crime and economic disputes, especially to distinguish the difference between contract fraud and breach of contract, debt disputes, as well as the technical information, trade secrets and entered into the public domain information of business, do it carefully and steadily, justly, crime in accordance with the law, protect the innocent, to realize the unification of legal effect and social effect. Unable to perform as a crime in the contract of economic disputes; to cause damage to the interests of the local enterprise behavior, to concrete analysis, cannot be treated as a crime, to prevent abuse of the right of arrest. For disputes over property rights contracts and knowledge, the parties subject is true and effective, behavior of objective existence, crime and non crime is difficult to distinguish, the parties may exercise the right of civil action, more to be careful with the right of arrest.

Three, to correctly grasp the arrest conditions, strict procedures for handling cases. The procuratorial organs at all levels among economic crimes in the work reviewed, to the criminal procedure law and "the people's Procuratorate criminal rules" provisions strictly followed the arrest conditions and procedures, strict facts, evidence, procedures and customs applicable law, to ensure the quality of handling cases. The public security organs to examine among the cases of economic crime, must meet the conditions provided for by law, in order to make arrest, for obviously belong to the economic dispute does not constitute a crime, or a crime and non crime of unknown nature, or facts unclear, insufficient evidence of the case, should not make arrest. Especially for different cases of economic crime, not only to review the prosecution evidence, but should carefully review the accused to provide materials and excuse, the only complaint charges, no other evidence, cannot make arrest.

Four, the procuratorial organs should strengthen coordination and guidance, support and lower levels of procuratorial organs in accordance with the law. The procuratorial organs at all levels of arrest of contract fraud, infringement of intellectual property rights and other economic crimes in the review, that the case is complex, difficult to qualitative, have significant divergence and investigative organ, or by the local protection and administrative intervention, to report to the superior in time on the procuratorial organs, procuratorial organs should strengthen coordination, when necessary, can be taken"Put on a level"Review of arrest. Procuratorial organ accepts the review of arrest cross area of contract fraud, infringement of intellectual property rights and other economic crimes, should be in the arrest within three days after a newspaper procuratorial organ for the record. The hospital should be timely review, to the problem, resolutely correct.

Five, to strengthen supervision, serious work discipline. The procuratorial organs shall strengthen the supervision of filing work of contract fraud, crime of infringing IPR cases investigated by the public security organs, do not constitute a crime should not be placed on file and file, promptly notify the withdrawing, the seriousness of the law. On exceeding authority to interfere with the economic disputes, scratch, arbitrary deduction and extended detention and other illegal acts, should earnestly perform their duties, in accordance with the law and put forward rectification opinions and supervise the implementation. On the procuratorial organs due to local protectionism influence, law, abuse of powers of arrest, the procuratorial organs at higher levels shall promptly corrected, and hold the leadership and direct responsible persons for liability. The typical case, high school will be informed criticism. For ultra vires in economic disputes, resulting in serious consequences, which constitutes a crime, shall be investigated for criminal responsibility should be investigated and dealt with according to law, the relevant personnel.

Notify the Ministry of public security public security organs interfere with economic disputes about prohibited illegal arrests
(release date:1992Years4Month25Day)

The provinces, autonomous regions, municipalities directly under the central government, the Public Security Bureau, bureau:
　　1989Years, the Ministry of Public Security issued a "about the public security organs shall notify the illegal excessive intervention economic disputes processing (("89Male (Governance) word)30Number) in the public security organs shall strictly in cases of economic disputes, but shall not profit from. Most of the local Every order is executed without fail., correct effective, maintenance of the public security organs in accordance with the law for the police Qing Qian image. But recently found that some local public security organs in the case and make such mistakes. Mainly displays in: (a) beyond the public security organs Authority, in contract, debt and other economic disputes; (two) with a means of detention for the legal representative of the enterprise and the relevant responsible person for"Hostage"To reclaim, and; (three) to the field to catch the booty without legal procedures, nor by the local public security organ, engage in"Abduction type"Action, illegal search residential, encroaches upon the citizen personal rights; (four) the parties torture abuse, forced"Dive up ill-gotten gains"And admit"Fraud"; (five) the public security organs to protect local criminals, normal handling external to the past do not cooperate, with all kinds of excuses barriers, blocking, not to arrest the criminals in custody local, don't let the booty; (six) to clear the swindle case, play the market, not careful reconnaissance survey, only a fine booty negotiations with criminals, even"Private","Refund release"; (seven) for the injured unit and the parties concerned"Handling charges"As to paragraph, to.
Must be fully aware of these problems, not only is the serious unwholesome tendencies, it is serious illegal indiscipline. It seriously damage the image of the public security organ and reputation, resulting in a very bad social influence, the introduction of discontent and resentment opposition parties, some even lead to some factors of instability. Recently, some party unit or relatives continue to the Ministry of public security and some provinces, city police telephone, telegram or send charged materials, urged to solve seizure"Hostage"Problems and punish violations of law and discipline officers, some even apply to Beijing to petition and inter provincial parade. These problems have been caused by concerned and the public attention. Please the public security organs leading serious attention, to take resolute measures to correct.
Therefore, once again:

A,The public security organs to undertake economic crime case, must strictly implement the provisions of the Supreme People's court, the Supreme People's Procuratorate, the Ministry of public security on the jurisdiction of the. It should distinguish fraud, smuggling and other play the market, economic crime and economic contract dispute, accurate qualitative. All debts, contracts and other economic disputes, the public security organ shall not intervene in the absolute.

Two,Prohibit the abuse of asylum review method. In the handling of criminal cases in the economy, are not in compliance with the provisions of the State Council and the Ministry of public security for the conditions of the people, shall not be used for method. The foreigners committed fraud or major suspects of economic crimes, should take the criminal compulsory measures according to law, the examination means not accepting.

Three,Resolutely put an end to forcibly arrested for economic disputes for"Hostage"Dun ask for money, completely correct"The investigation","Refund release"Illegal practices.

　　Four,The public security organs shall not use any excuse to reporting units and the parties ask for funds, are not allowed to intercept captured money as funds and other funds, are not allowed to engage in"The Commission".

　　Five,The public security organ sent to the field the implementation of the task, to hold the legal formalities according to the provisions, and get in touch with the local public security organs, in the work under the assistance, beyond the strictly jurisdiction, to avoid the public security authorities to arrest the criminal field. On the public security organs to local field case, should actively support, enthusiasm to assist law enforcement; on the investigation, detention and arrest the perpetrators of Booties recovery tasks, shall not be any reason to delay block.
Notice, the public security organs must strictly comply with them. The police has already occurred serious violations, must be resolutely dealt with, is serious enough to constitute a crime, should be resolutely restrain by law, in violation of this notice, it must be strictly dealt with.
All this notice to immediately report to the local Party committee and government, and forwarded to the public security organs at the county level.

The Ministry of public security on the public security organ shall notify the illegal excessive intervention economic disputes processing
(release date:1989Years03Month15Day)

The provinces, autonomous regions, municipalities directly under the central government, the Public Security Bureau, bureau:
Recently found that some grass-roots public security organs to investigate fraud, economic crime case name, directly intervene in some cases of economic disputes, and some even forced for a party, held hostage for the other party, force the cable material; some proportion from the disputed amount of Commission for profit. This is a serious offence, which interfere with economic disputes in accordance with the law of justice, violation of legal persons and the legitimate rights and interests of citizens, but also damage the image of the public security organ, must be resolutely corrected. Therefore, the following notice:

A,The boundaries must draw the economic crime and economic disputes, in strict accordance with the law. In the current economic crimes such as fraud, play the market is becoming more and more serious cases, investigated and dealt with according to law shall be under the jurisdiction of the public security organ according to the jurisdiction of the division of economic crime, it is an important responsibility of all levels of public security organs. The public security organ shall attach great importance to crack down on serious economic crime work, take effective measures, concentrate on investigating major cases, in order to ensure the improvement of the economic environment, rectifying the economic order smoothly. In the work, attention should be paid to draw a clear distinction between economic crime and economic disputes, and we must not interpret the economic disputes as fraud, economic crime to handle. It is difficult to draw, we must be cautious, after the report, research clearly after proper treatment in accordance with the law, must not be easily take coercive measures to restrict personal freedom, resulting in a passive and irreversible consequences.
In the process of investigating the cases of economic crime in the area, need to cooperate with each other, consultation service, are not allowed to engage in local protectionism, local party favors or arbitrarily freeze payments.

Two,No treatment of unlawful interference with economic disputes. On the economic disputes, shall be borne by the relevant enterprises and administrative departments, arbitration organs and people's courts in accordance with the law, the public security organs not to intervene. Don't allow to detect fraud and other economic crimes by name, tried, hostage taking and other illegal means to interfere with economic disputes. Otherwise, the consequences are serious, shall be investigated for legal responsibility parties concerned and responsible persons according to law.

Three,In case of economic dispute matters to public security organs complaints, shall inform the parties to the relevant authorities to solve, or be transferred to the relevant competent authority for disposal.

　Four,Prohibit the use of illegal means percentage profit. The percentage of fines, should be strictly in accordance with the relevant provisions of the Ministry of finance, the Ministry of public security and local government finance departments handling, not beyond the scope of authority, in order to investigate fraud crimes, economic disputes for intervention, the parties recourse debt, profit from royalty. Illegal use of coercive measures of economic disputes, infringement of the legitimate rights and interests of parties, it is absolutely not allowed. On the opportunity to fill one's own pocket, to be dealt with in accordance with the law.

(reprinted please specify "from Song Jie's lawyer blog")

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