SCIO briefing on the work of procuratorial, judicial and public security authorities in the fight against the COVID-19 outbreak
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E-mail China.org.cn, February 27, 2020
First, we should prioritize the rule of law, and place strong emphasis on the legality of the measures we adopt. General Secretary Xi Jinping has stressed that at the most crucial moment of epidemic prevention and control, it is more important than ever that we carry out the work according to the law. In addressing possible or existing problems in epidemic control and production resumption, we should further elaborate on legal and judicial standards and procedures in accordance with the basic spirit, principles and stipulations of the Criminal Procedure Law, the Public Security Administration Punishments Law and other relevant laws and regulations. By doing so, we will ensure that epidemic control and production resumption work is carried out in line with the rule of law.
Second, we should highlight problem-oriented legal services, and place strong emphasis on adopting targeted measures. For new situations and problems emerging from epidemic control and production resumption, as well as people returning to work and their employment, especially those much needed legal services and guarantees, we should guide all levels of judicial organs to further improve their public legal services and implement measures that bring convenience and benefit to the people.
Third, we should highlight targeted law enforcement, and place strong emphasis on adopting justifiable measures. The draft document stresses the importance of targeted law enforcement. On one hand, we should take tough measures to crack down on illegal acts and criminal activities, whilst on the other hand, we should enforce law in a tender manner. We will strictly distinguish commonplace criminal offenses from serious crimes, as well as commercial and civil disputes which take place during epidemic control and production resumption. We should strictly enforce judicial policies and work in accordance with standards and limitations. Lawbreakers should be dealt with accordingly, with some receiving severe and immediate punishment, and some receiving lenient penalties, both in accordance with the law. Also, we shall carry out effective ideological work in a gentle manner if necessary. Law enforcers should avoid using excessive force or uncivilized behavior, so as to demonstrate both the severity of law and a spirit of humanity.
That's all for my introduction. Thank you.
Hu Kaihong:
Thank you, Mr. Wang. Now, we'll open the floor for questions. Please identify your news outlet before asking questions.
CCTV:
What specific rules are stipulated in the newly issued document about crimes related to the resumption of work and production amid the outbreak which are hindering epidemic control and the resumption of work and production, such as hoarding, price gouging and profiteering? What measures will the people's courts take to offer judicial safeguards against these illegal business operations? How will the police combat such crimes?
Zhang Shuyuan:
Thank you. During the period of epidemic prevention and control, it is more important than ever to strengthen legal protection for the resumption of work and production. The people's courts will conscientiously implement the guiding principles embodied in General Secretary Xi Jinping's important speech on coordinating epidemic prevention and control with economic and social development. We will exercise the trial function well to provide robust judicial services and safeguards for enterprises to resume business. The document stipulates clear requirements and tasks in the punishing of crimes that impede epidemic control and the resumption of work and production. The people's courts will take the following measures:
First, we will severely punish all crimes hindering epidemic control and the resumption of work and production in accordance with the law. The people's courts will act in accordance with the Criminal Law, related judicial interpretations and the "Opinions on Punishing in Accordance with the Law Crimes Hindering COVID-19 Epidemic Prevention and Control" jointly issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice on Feb. 10. By exercising the trial function, we will severely punish illegal acts and criminal activities disturbing medical practice and epidemic control, as well as disrupting market and social order. These activities include crimes committed by organized gangs such as carjackings, meddling in logistics and disrupting normal traffic order. Tough penalties will also be given to those related to sabotaging transport facilities, hoarding protective gear, price gouging, and the production and sale of counterfeit products, fake medicine and other substandard medical equipment. In this way, we can safeguard people's safety and health, and ensure epidemic prevention and control work and the smooth resumption of work and production. Since the outbreak began, local people's courts in Hubei, Jiangsu and Shandong provinces have conducted trials for epidemic-related cases in a timely manner, producing a favorable social effect and vigorously maintaining the order for epidemic prevention and control.
Second, we will accurately observe the boundaries of laws and policies. Guided by the decisions and arrangements made by the CPC Central Committee, the people's courts will prudently conduct trials of epidemic-related cases in accordance with the Criminal Law and relevant judicial interpretations, while ensuring accurate application of laws based on the principle of "legally prescribed punishments for specified crimes" and the criminal justice policy of "combining punishment with leniency." We should not only effectively deter crimes to ensure epidemic prevention and control and the smooth resumption of work and production, but also protect the rights and interests of enterprises and ensure their normal operations. In cases where more lenient penalties can be taken in accordance with the law, coercive measures such as restricting personal and property rights shall be avoided as far as possible. Necessary liquidity and current accounts shall be reserved for companies if it is necessary to seize, distrain or freeze their assets. For business operators who are awaiting trial, the courts will be prudent in adopting coercive measures related to detention.
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