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“After receiving the tip-off, the procuratorate immediately launched an investigation and verification, braving Beijing’s coldest and harshest weather to thoroughly examine the scene—and extending its legal oversight role to assist the company. Kudos to the prosecutors!” As summer deepened in July, recalling this case once again brought National People’s Congress delegate and Vice President of Anhui Academy of Agricultural Sciences, Zhao Wanping, back to last winter.

 

Last December, a company involved in the case based in Beijing reported that the warning lines set up for one of its project sites had not been removed even after the case was closed, effectively halting normal construction activities. In response, the Chaoyang District Procuratorate in Beijing immediately launched an investigation. By January of this year, the local public security authorities confirmed that no warning lines or other protective measures were still in place at the project site. Following this clarification, the procuratorate sent an official letter to the local administrative enforcement department, facilitating further communication and ensuring the smooth progress of subsequent actions.

 

Zhao Wanping, who happened to learn about the case, praised Beijing's procuratorate. He noted that the prosecutors have shown great attention to the issues raised by businesses, acting swiftly and proactively—anticipating potential challenges before they even arise—and helping companies stay ahead of possible problems. Through their concrete actions, the procuratorate is effectively safeguarding economic development.

 

Recently, reporters conducted an in-depth interview with Beijing's procuratorial authorities, gaining immersive insights into the practical and heartwarming measures the capital's prosecutors are taking to provide legal services tailored to businesses.

 

 
 
 

      Looking, listening, asking, and feeling the pulse

Supporting enterprises in upgrading their systems

 

 

"Imagine it like this: when one part of your body is in pain, and after it’s treated, you suddenly notice pain in another area—only because the new discomfort isn’t as obvious, you simply don’t pay much attention to it. It’s much the same with compliance efforts at companies involved in legal issues. Often, once the main problems are resolved, other underlying 'issues' still remain." Dou Libo, deputy director of the Second Prosecution Department at the Tongzhou District Procuratorate in Beijing, who recently wrapped up an economic crime case, is now preparing a legal education lecture for one of the companies implicated in the case.

 

From 2018 to 2020, the defendant Fu took advantage of his position as a sales representative at a Beijing-based office equipment company to collect payments from customers. Instead of remitting these funds to the company, he misappropriated the money for live-streaming rewards and extravagant personal spending, ultimately embezzling over 580,000 yuan from the company.

 

After review, prosecutors found that the company received payments through both its corporate account and multiple personal accounts—yet it never verified the specifics of actual sales transactions. This allowed sales staff to freely manage the funds, depositing them into their own accounts and later offsetting them only when cash became available. As a result, Fu repeatedly misused the collected funds, covering up his actions by borrowing money to plug the gaps—until eventually, he had no more funds left to repay the company. The company’s lack of proper verification processes meant the issue wasn’t discovered until two years later. Additionally, the case involving Fu also brought to light broader systemic issues within the company, such as unclear job responsibilities and inadequate management of employment contracts.

 

Addressing issues such as "lack of emphasis on internal oversight and limited regulatory approaches" within the company, the procuratorial authorities issued a prosecutorial recommendation, outlining clear steps for improvement.

 

"The prosecutor’s dozens of detailed comments, tailored specifically to the company’s business processes, have helped streamline and standardize the firm’s financial management," said the company’s legal manager. "After several rounds of communication with the procuratorate, we’ve clearly seen the judiciary’s proactive efforts in supporting companies like ours to build robust compliance frameworks."

 

After closing the case, the company once again consulted the procuratorate on legal issues related to trademark registration. This session of legal education lecture prepared by Dou Libo is specifically tailored to address that very issue.

 

“Although the defendant has faced legal consequences and the case has been successfully concluded, what matters even more for the company is to ‘mend the fold after the sheep are lost.’” Dou Libo told reporters that the process—from the prosecution agency identifying issues to the company proactively raising concerns itself—actually reflects a growing awareness of compliance within the organization, as well as its trust in the prosecutors. In essence, it’s like healing the “most painful” wound first, then addressing the remaining, less severe issues one by one—ultimately leading to overall organizational health.

 

Pooling prosecutorial wisdom

Play the "big game" effectively

 

During this year's Two Sessions, National People's Congress deputy Wang Quan, who is also the Party branch secretary and village committee director of Beigou Village in Bohai Town, Huairou District, Beijing, specifically highlighted and praised a false litigation case handled by the Huairou District Procuratorate. "When many enterprises encounter challenges, their first instinct is to seek advice from the procuratorial authorities," he noted. Wang added that the Huairou District Procuratorate has been actively visiting research institutes and businesses to conduct in-depth surveys and investigations. Moreover, the procuratorate has taken decisive action by overseeing the filing of cases against those who use false litigation to infringe upon the legitimate rights and interests of companies in Science City, ensuring that the suspects face severe punishment.

 

Behind the smooth conclusion of this case lies the collaborative effort and positive interaction among all departments of the Huairou District Procuratorate.

 

After receiving 300,000 yuan in severance compensation—distributed in installments by his company—Peng, an employee of a pharmaceutical company in Beijing, fabricated claims denying that he had ever received the funds. He then took the matter to court, filing a lawsuit to demand the money again. According to reports, this case was initially flagged by the Seventh Prosecution Department of the Huairou District Procuratorate, prompting the Sixth Prosecution Department to step in and oversee the investigation. The Second, Sixth, and Seventh Prosecution Departments held multiple joint meetings to discuss the case thoroughly, ensuring timely sharing of critical information. Leveraging the integrated investigative and prosecutorial approach, the dedicated task force intervened early in the process, working closely with the police to clarify evidence-gathering strategies, address key challenges, and conduct a comprehensive analysis. This collaborative effort enabled the prosecutors to provide expert guidance throughout the investigative phase. Following the police’s request for arrest approval, the Huairou District Procuratorate swiftly acted: just one day later, Peng was formally arrested on suspicion of fabricating a lawsuit.

 

Recently, the case was decided in the first instance, with the court fully accepting the prosecution's allegations of criminal conduct, the charges filed, and the recommended sentence. Additionally, the prosecution issued a prosecutorial recommendation addressing issues such as inadequate management practices identified during the handling of the case—and the company involved has since adopted these recommendations.

 

"The case involves the legitimate rights and interests of private enterprises in Science City, serving as an effective practice by the procuratorate in supporting the 'Six Stabilities' and 'Six Guarantees' initiatives." As a key member of the special task force handling criminal cases related to Science City, Wang Huaying, a prosecutor from the Second Prosecution Department of the Huairou District Procuratorate, firmly emphasizes that when dealing with cases involving private enterprises, it’s not enough to simply get it right—it’s crucial to ensure the cases are handled exceptionally well, truly bolstering the procuratorate’s capacity to support businesses in building compliance frameworks.

 

The reporter learned that since March of this year, the Huairou District Procuratorate has introduced eight measures aimed at making life easier for residents. The seventh of these initiatives specifically targets cases related to the Huairou Science City: a dedicated team of prosecutors has been assigned to centrally review and handle these cases, while closely monitoring the companies involved throughout the process. This approach ensures a comprehensive service package, encompassing compliance reviews, legal assistance, and public awareness campaigns tailored to each case.

 

According to Fang Jie, Party Secretary and Prosecutor General of the Huairou District Procuratorate, establishing a specialized case-handling team—comprising top prosecutors from various areas as the "Science City Service Task Force"—is crucial. This initiative aims to position the procuratorate as businesses' ultimate legal "think tank," providing "point-to-point" support to help companies tackle real-world challenges, thereby significantly enhancing the quality and efficiency of case handling and ensuring that the procuratorate truly serves as a steadfast "pillar of the rule of law."

 

Accurately identify enterprise needs

Providing "order-based" services

 

“The procuratorate handles enterprise-related cases in accordance with the law, but it doesn’t stop at simply addressing each case individually. Instead, we proactively engage with businesses to address management and operational issues they’ve exposed—whether by issuing prosecutorial recommendations or organizing tailored legal awareness workshops. This collaborative approach between the prosecution and enterprises helps fill internal systemic gaps, enabling companies to restore normal production and operations while fostering sustainable, healthy growth,” said Gao Yue, a prosecutor from the Eighth Prosecution Division of Chaoyang District Procuratorate, reflecting deeply on her experience.

 

Gao Yue cited an example: a certain enterprise was placed under criminal investigation by public security authorities due to suspicions of contract fraud during an expansion project. During the prosecution's oversight of the case filing, investigators discovered that as the police investigation progressed, it became clear the project was indeed legitimate. Consequently, the company involved did not engage in any fraudulent behavior aimed at illegally obtaining the other party's property during the contract-signing or -performance process, meaning they were not suspected of contract fraud. To fulfill their prosecutorial oversight duties objectively and impartially—and to handle cases involving private enterprises appropriately according to the law—the prosecutors convened a hearing to discuss whether the public security agency should drop the case. After hearing arguments from both parties involved and representatives from the investigative authority, the hearing panel thoroughly debated and ultimately agreed with the prosecutors' proposed course of action.

 

The lawyer representing the hearing panel stated that the smooth and lawful conclusion of this case demonstrates how the procuratorial authorities can offer businesses facing legal challenges a more effective and practical path toward the rule of law—while also allowing everyone to genuinely feel the strength and warmth of the judicial system!

 

Staying true to their original mission while providing tailored, on-the-ground services—Beijing's procuratorial authorities actively fulfill their duties by proactively understanding the needs and concerns of businesses, helping them overcome challenges.

 

The Beijing Municipal Procuratorate's First Branch effectively employed a dual strategy of "public hearings + corporate compliance reviews," successfully concluding a case involving a company for which non-prosecution was proposed, while also addressing potential compliance risks and helping the company regain its vitality.

  

  The Dongcheng District Procuratorate, together with the district's Federation of Industry and Commerce, has jointly established a procuratorial service station dedicated to private enterprises. Grounded in the region's specific conditions, the station focuses on safeguarding business rights and enhancing companies' ability to manage risks.

  

  The Haidian District Procuratorate has established a long-term mechanism for procuratorate-enterprise communication, regularly visiting businesses, hosting reception sessions, and organizing forums to listen to companies' concerns. It also provides enterprises with an "on-demand case consultation" service, helping them proactively identify and mitigate legal risks.

  

  The Mentougou District Prosecutor's Office has established a prosecutor liaison office in the Mentougou Park of Zhongguancun Science Park, arranging for rotating shifts of prosecutors to create a "green channel" that provides streamlined legal services specifically tailored to support the growth and development of private enterprises.   

……

 

Source: Supreme People's Procuratorate

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