【司法】 1.最高法发文依法妥善办理涉新冠肺炎疫情执行案件1.Guiding Opinions Released to Legally Handle Pandemic-related Enforcement Cases[(end)] 2.最高检出台25条“硬规” 全方位监督认罪认罚案件办理2.SPP Issues 25 Articles for Comprehensive Supervision of Handling Cases where a Party has Pleaded Guilty and Accepted Punishment 【社会主义】 3.中共中央国务院印发《意见》新时代加快完善社会主义市场经济体制3.Opinions Released to Accelerate Improvement of Socialist Market Economy in New Era 【西部开发】 4.《关于新时代推进西部大开发形成新格局的指导意见》发布4.Guideline on Advancing the Development of Western Regions in New Era to Promote Coordinated Regional Development
一司法
1.最高法发文依法妥善办理涉新冠肺炎疫情执行案件
1.Guiding Opinions Released to Legally Handle Pandemic-related Enforcement Cases[(end)]
5月13日，最高人民法院发布《关于依法妥善办理涉新冠肺炎疫情执行案件若干问题的指导意见》。
The Supreme People’s Court (SPC) recently released the Guiding Opinions on Certain Issues Concerning Legally Handling Enforcement Cases Related to the COVID-19 Pandemic.
First, without prejudice to creditor’s rights, people’s courts should take appropriate measures to seal up the property of the persons subject to enforcement who have difficulties in production and living as a result of the pandemic.
Second, overenforcement and illegal seizure of property of persons other than those involved in the case should be prohibited. Ensuring the smooth access to remedial channels for the involved property, relevant authorities should strengthen supervision to effectively eliminate illegal enforcement or overenforcement, and to ensure that there is no impact on the property utilization and normal operations of enterprises.
Third, given that online auctions feature openness, transparency, low costs, high efficiency and less vulnerability to the pandemic, enforcement authorities should streamline the realization process of property and reduce costs through online auctions, in order to facilitate the timely recovery of funds by creditors, relieve cash flow pressure and resume production and operation. Meanwhile, relevant authorities should, with their timing of auction, appropriately consider the impact of pandemic and the realities of property so as to maximize the value of property.
2.最高检出台25条“硬规” 全方位监督认罪认罚案件办理
2.SPP Issues 25 Articles for Comprehensive Supervision of Handling Cases where a Party has Pleaded Guilty and Accepted Punishment
近日，最高人民检察院制定出台《人民检察院办理认罪认罚案件监督管理办法》。
Recently, the Supreme People's Procuratorate (SPP) issued the Measures for the Supervision and Administration of Handling Cases where a Party Has Pleaded Guilty and Accepted Punishment by People's Procuratorates.
According to the Measures, when handling a case where a party has pleaded guilty and accepted punishment, a prosecutor should perform various statutory duties such as hearing the opinions of a criminal suspect, a defendant and his defender or his lawyer on duty, a victim and his litigation agent, and others in accordance with laws. This is to protect the criminal suspect or the defendant's litigation rights and their voluntariness, authenticity and legality when they plead guilty and accept punishment. If the defender, or the victim and their litigation agent request to reflect their opinions in person, the prosecutor should generally receive them during working time at their office. If it is indeed necessary for the prosecutor to receive them due to special and legitimate reasons during non-working time or at a location other than their office, they should go through the examination and approval procedures in accordance with relevant regulations and then be approved before meeting.
Additionally, when handling cases where a party has pleaded guilty and accepted punishment, a prosecutor should fully hear the opinions, conduct prosecution and defense consultations, and determine sentencing suggestions that should be submitted to the court within the scope of their authority, according to laws. The prosecutor’s sentencing suggestion should be balanced with the punishment scale of the cases with the same type and circumstances by a court. After the public prosecution has been filed, the prosecutor may make adjustments based on the new circumstances of sentencing.
Meanwhile, the Measures also require a prosecutor to report to the Attorney General for approval to a case where they intend to decide not to approve arrest or not prosecute the criminal suspect for a relatively light crime, when there has been a confession of guilt and acceptance of punishment. 二社会主义
3.中共中央国务院印发《意见》新时代加快完善社会主义市场经济体制
3.Opinions Released to Accelerate Improvement of Socialist Market Economy in New Era
中共中央、国务院近日印发《关于新时代加快完善社会主义市场经济体制的意见》。
The Communist Party of China (CPC) Central Committee and the State Council recently issued the Opinions on Accelerating the Improvement of the Socialist Market Economy in the New Era.
First, China will continue to uphold the primary socialist economic system of public ownership and the co-development of multiple forms of ownership, and redouble efforts to energize micro entities. Second, China will consolidate the fundamental regimes of market economy to ensure a level playing field. Third, the Opinions urge the improvement of market-oriented allocation systems and mechanisms of factors of production to further stimulate creativity of the whole society and market vitality. Fourth, the Opinions call for innovation in the administrative and service modes of governments and the improvement of the macroeconomic governance system. Fifth, China will uphold and improve the system of safeguards for people’s livelihood, and promote social equity and justice. Sixth, China will build a higher-level and open new economy system to promote reform and development through opening up. Seventh, the country will improve the legal system for the socialist market economy, and strengthen the safeguards for rule of law. Eighth, the Opinions require the persistence and fortification of the Party’s comprehensive leadership to ensure the effective implementation of reform measures. 三西部开发
4.《关于新时代推进西部大开发形成新格局的指导意见》发布
4.Guideline on Advancing the Development of Western Regions in New Era to Promote Coordinated Regional Development
2020年5月17日，中共中央、国务院近日印发《关于新时代推进西部大开发形成新格局的指导意见》。
On May 17, 2020, the Communist Party of China (CPC) Central Committee and the State Council issued the Guideline on Advancing the Development of Western Regions in the New Era to Promote Coordinated Regional Development.
The Guideline consists of six aspects, including the following: new development concepts promote high-quality development; guided by the joint construction of the “Belt and Road”, western regions are opened up increasingly; the construction of beautiful western regions should be strengthened so as to consolidate a national ecological safe shelter; reform in key areas should be deepened by unswervingly promoting the implementation of major reform measures; adhering to people as the center, people's sense of gain, happiness and security should be put in a prominent position; and the policy and organization support should be enhanced.