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​(IX) The protection of legitimate rights and interests of small and medium investors

Time:2021-07-26 15:21:20

Source:Eshanxi-lvliang

(IX) The protection of legitimate rights and interests of small and medium investors

50. To establish a "green channel" for case registration: It is necessary to incorporate the disputes involving property rights protection in the "green channel" of filing and registration, and give priority to filing, investigation, preservation, rapid delivery, mediation and execution; strengthen the guidance and one-time notification of arbitration case filing, and in principle, accept the cases that meet the filing conditions and with complete documents on the same day after payment. (Lvliang Intermediate People’s Court as participant)

51. To improve the diversified resolution mechanism of property right disputes: It is necessary to strengthen the construction of people’s mediation offices and lawyers’ service centers, promote lawyers’ participation in mediation, improve the connection of litigation, arbitration, mediation and notarization, and establish and improve a diversified resolution mechanism for property right disputes. (Lvliang Intermediate People’s Court and Lvliang Municipal Justice Bureau as participants)

52. To shorten the trial period of civil and commercial cases involving property rights: It is necessary to pursue centralized litigation through one court hearing. Lvliang will promote judgments in court, and establish a trial mechanism in which cases of second instance are heard in two months, cases of first instance in four months, difficult cases in six months, arbitration cases with summary procedures in two months, and ordinary cases in four months. It will also strictly regulate the postponement of court hearing of civil and commercial cases involving property rights, the interval between two sessions will not exceed one month, except for force majeure or the consent of the parties; and promote the rapid settlement of arbitration cases by lowering the fees. (Lvliang Intermediate People’s Court as participant)

53. To promote the application of arbitration and notarization: It is necessary to guide the parties towards a more flexible, convenient and economic approach to protect the rights of the parties. Lvliang will see to it that the contract disputes and property right disputes between equal subjects can be arbitrated by agreement; broaden the notarization services to subject qualification, contract, agreement and evidence preservation, and provide full-range notarization for the establishment, transfer, right relief, dispute settlement and international cooperation of intellectual property rights. (Lvliang Municipal Justice Bureau as leader; competent authorities directly under Lvliang Municipal People’s Government as participants)

54. To issue strict instructions on the application for property preservation by enterprises: It is necessary to take strict property preservation measures in accordance with the law to prevent the parties from using malicious preservation means to infringe on the normal production and operation of enterprises. If the property rights of the parties, interested parties or outsiders are infringed due to the wrong execution of preservation and enforcement measures, the enforcement measures should be lifted or changed in time according to law. (Lvliang Intermediate People’s Court as leader; competent authorities directly under Lvliang Municipal People’s Government as participants)

55. To apply enforcement measures prudently. As for investors, producers, operators and professional technicians of various enterprises that are suspected of committing crimes, those with a good attitude of pleading guilty and low social risks, and actively cooperate with the investigation, generally Lvliang will not take custody measures; in case custody measures are indeed necessary, the normal exercise of business management right and other rights should be guaranteed according to law; in case it is found that there is no need to continue custody, the enforcement measures should be changed or lifted in time. In principle, the equipment, funds and technical data of the enterprises involved in the case that are being put into production and operation or are being used for scientific and technology innovation or product research and development should not be attached, detained or frozen; if it is indeed necessary to attach, detain or freeze, a necessary amount of working capital, current account and key equipment and data can be reserved for the enterprise if conditions permit. Lvliang will carry out liquidation of the attached and distrained property in time, as for the items indeed irrelevant to the case, the attachment and detention of properties should be lifted according to law and returned in time, so as to minimize the impact on the production and operation of the enterprise. (Lvliang Intermediate People’s Court, The People’s Procuratorate of Lvliang and Lvliang Municipal Public Security Bureau as leaders; competent authorities directly under Lvliang Municipal People’s Government as participants)

56. To protect the property rights of enterprisers: It is necessary to strictly distinguish between illegal income and legal property, where there is no sufficient evidence to prove that it is illegal income, no judgment should be made to recover it or order it to return and pay compensation. If the government’s commitment and contract are changed due to national interests, public interests or other legal reasons, and the legitimate rights and interests of entrepreneurs are damaged, fair and reasonable compensation should be given according to law. If the appeal cases of property right disputes involving major property disposal or crimes of private enterprises and investors are proved to have unclear facts, insufficient evidence and wrong application of law, they should be corrected in time according to law and the losses of the parties should be compensated. (Lvliang Intermediate People’s Court, The People’s Procuratorate of Lvliang and Lvliang Municipal Public Security Bureau as leaders; competent authorities directly under Lvliang Municipal People’s Government as participants)

57. To protect enterprisers’ right of independent operation. The independent business activities of enterprisers and their legal contracts established according to law are protected by law. Lvliang will properly handle the relationship between autonomy of will and administrative examination and approval, and allow the parties to go through the procedures of approval and registration before the judgment for the contracts that are required by laws and administrative regulations to go through the procedures; strictly distinguish between legitimate financing and illegal fund-raising, contract disputes and contract fraud, the limit of economic disputes and malicious occupation of state-owned assets for private enterprises to involve in the merger and restructuring of state-owned enterprises; prevent the investment and business activities that are obviously minor and do little harm from being punished as crimes. (Lvliang Intermediate People’s Court, The People’s Procuratorate of Lvliang and Lvliang Municipal Public Security Bureau as participants)

58. To properly arrange the treatment and withdrawal of the enterprise: It is necessary to unblock the channel of bankruptcy for enterprise legal persons, promote the division of complicated and simple bankruptcy cases, reduce the cost of procedure and facilitate quick settlement. Lvliang will make classified disposal of the enterprises in plight. As for those in short difficulty but adapt to the market demand and have potential for development, Lvliang will encourage and guide the application of restructuring and reconciliation procedures, help and support those meeting the requirements of industrial policies to recover their vitality and return to the market; as for the "zombie enterprises" with insolvency, loss of self-healing and development ability, Lvliang will timely start the liquidation procedure and withdraw from the market in an orderly manner according to law. (Lvliang Intermediate People’s Court and Lvliang Municipal Justice Bureau as leaders; competent authorities directly under Lvliang Municipal People’s Government as participants)

59. To strengthen the redemption of rights of the winning party. In the case of an application for enforcement, if one party refuses to perform the legally effective civil judgment, ruling, arbitral decision and the document of notarized creditor’s rights with the effect of enforcement, the other party may apply to the court with jurisdiction for execution. The court should issue a notice of enforcement within 10 days upon receiving the application for enforcement, and may immediately take enforcement measures. As for the enforcement, Lvliang will dictate the enforcement measures in accordance with the law for the cases with property available for execution, so as to ensure that these cases can be executed in accordance with the law in a timely manner within the legal period; as for those cases with no property to enforce but meet the bankruptcy conditions, they should be transferred for bankruptcy review in time through the mechanism of “converting enforcement procedures to infringement review procedures”, so as to make the creditor’s rights be paid off or partially paid off. (Lvliang Intermediate People’s Court as participant)

60. To strictly implement the requirements of "who approves shall hold responsible, who takes charge shall supervise": It is necessary for comprehensive authorities and business supervision authorities to make clear the rules first, and draw a red line and bottom line; strictly supervise the procedures and put more efforts into the market and frontline supervision; punish the market entities in serious violation of laws and regulations and have bad influence by eliminating them from the market. (Lvliang Municipal Administrative Examination and Approval Bureau and Lvliang Municipal Market Regulation Bureau as leaders; competent authorities directly under Lvliang Municipal People’s Government as participants)

61. To achieve full coverage of an oversight model of random inspection and public release across the board (the model comprises inspections of randomly selected entities by randomly selected inspectors and the public release of inspection results): It is necessary to further improve the random spot check system and relevant rules, ensure fair and impartial supervision without leaving a dead corner; timely make the information on violations of laws and regulations by enterprises, as well as inspection and law enforcement results public, and accept supervision by the people; establish a spot check information supervision system of random inspection and public release across the board with unified standards and connectivity at the municipal and county levels. (Lvliang Municipal Market Supervision Bureau as leader; people’s governments of counties (cities and districts) and competent authorities directly under Lvliang Municipal People’s Government as participants)

62. To improve the property rights system and market trading rules: It is necessary to implement the company law and relevant judicial interpretation, properly handle the relationship between company autonomy and judicial intervention, establish a legal aid mechanism for safeguarding the rights of SMEs involved in property right disputes, strengthen the protection of shareholders’ rights in accordance with the law, and establish entrepreneurs’ confidence in the legal environment. (Lvliang Municipal Justice Bureau as participant)

63. To strengthen the legal service guarantee for small and medium investors: It is necessary to strengthen the service guarantee of the legitimate rights and interests of small and medium investors through organizing publicity and education of the rules of law, providing legal services such as judicial appraisal, notarization, attorney, arbitration and people’s mediation. (Lvliang Municipal Justice Bureau as participant) (4882)

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