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Policy

China Focus: China creates enabling legal environment for business resumption

February 26, 2020


Abstract : Chinese judicial and law enforcement authorities have been making concerted efforts to create an enabling legal climate as factories across the country are resuming production amid the battle against the COVID-19 epidemic, senior officials said Wednesday.

BEIJING, Feb. 26 (Xinhua) -- Chinese judicial and law enforcement authorities have been making concerted efforts to create an enabling legal climate as factories across the country are resuming production amid the battle against the COVID-19 epidemic, senior officials said Wednesday.

DETAILED GUIDELINES

The country has issued a set of new guidelines in response to possible legal issues concerning the resumption of production alongside the prevention and control of the epidemic facing these authorities.

The guidelines stressed coordination of the two tasks to stabilize social expectations and maintain economic and social order, said Wang Hongxiang, deputy secretary-general of the Commission for Political and Legal Affairs of the Communist Party of China Central Committee, at a press conference in Beijing.

The document was jointly issued by the commission, the Supreme People's Court (SPC), the Supreme People's Procuratorate (SPP), the Ministry of Public Security (MPS) and the Ministry of Justice.

It provides instructions on how to improve laws and policies, promote procedure-based law enforcement and judicial service, mediate and resolve conflicts and disputes, as well as provide high-quality and efficient legal services, according to him.

Besides clarifying the standards and procedures for law enforcement and judicial services with a problem-oriented approach, the document also prohibits improper or abusive law enforcement, according to Wang.

TOUGH CRACKDOWN

Public security authorities across China have stayed tough on illegal activities hindering epidemic control and business resumption.

They have handled around 22,000 criminal cases related to the epidemic as of Monday, according to the MPS.

So far, police have cracked 688 cases involving the production and sales of counterfeit and shoddy protective materials, with more than 1,560 suspects apprehended and over 31 million fake or inferior face masks seized, Vice Minister Du Hangwei said.

He added that public security agencies will continue to crack down on crimes, including interfering with transportation and logistics, price gouging and disrupting the production order.

Du also urged police officers to avoid violence in enforcing laws and carry out investigations in strict accordance with the law.

Police officers should educate those involved in minor cases, Du added.

NECESSARY LENIENCY

In ruling on the cases, Chinese courts pledged to combine punishment with leniency.

"The courts will accurately observe the boundaries of laws and policies while severely punishing crimes that hinder the epidemic prevention and control as well as the resumption of work and production," said Zhang Shuyuan, vice president of the SPC.

In cases where more lenient penalties can be taken in accordance with the law, compulsory measures such as restricting personal and property rights shall be avoided as far as possible, he noted.

Necessary liquidity and current accounts shall be reserved for companies if it is necessary to seize or freeze their assets, while the equipment, funds and technical data that the enterprises involved are using for production or scientific and technological innovation shall not be sealed up or frozen, according to Zhang.

For business operators who are awaiting trial, courts will be prudent in adopting coercive measures related to detention, he added.

Chen Guoqing, deputy procurator-general of the SPP, told the same press conference that procuratorial organs will give full play to their role of supervision and advance procuratorial work in civil affairs, administration and public interest litigation.

For epidemic-related public interest litigation cases, especially those concerning producers and business owners of important medical protection gear such as masks and protective clothing, procuratorial organs must strike a balance between legal supervision and supporting the resumption of work and production, Chen said.

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Keyword: China-law epidemic outbreak resume production

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