最高人民法院关于充分发挥审判职能切实维护企业和社会稳定的通知 The Circular of the Supreme Peoples Court on Bringing Trial Function

of various kinds are defalcated， embezzled， partitioned collectively without authorization， and the crimes of taking bribe， irregularities for favoritism， under-evaluation of state-owned assets that cause loss to the state-owned assets during the process of the merger of enterprise involving the transfer of property titles shall be punished severely in accordance with law. The civil servant who extorts and accepts property from non-state-owned enterprises by taking the advantages of his position shall be severely punished. The anti-corruption fight shall be combined with the hard-strike rectification and standardization of the order of the market economy and those corrupted and malpractice criminals who act as the back or shelter for various kinds of crimes or shall be responsible to the material liability accident， material laboring safety accident， material project safety accident shall be severely punished in accordance with laws.

　　5. The work concerning civil， commercial and administrative trial and enforcement shall be handled well to create a sound social environment for the legal system for reform and development of enterprises.

　　The courts shall do a good job in the trial of the dispute case that occurs in the reorganization， combination， merger， contract， and investment to enterprises to safeguard the smooth completion of the strategic reorganization of state-owned enterprise. The cases involving the merger， bankruptcy and shut-down of the state-owned large or medium enterprise shall be dealt with properly strictly in accordance with the relevant laws， regulations， rules， policies and judicial interpretations； with respect to the assets reorganization cases involving the change of property right such as enterprises merger etc.， the assets appraisal shall be standardized strictly by laws so as not only to prevent the state-owed assets from flowing out， to prevent bank loans or state tax money from evasion and abandonment or from turning into mere figurehead， but also to promote enterprises to increase capital and decrease debts and realize the as

sets reorganization. The courts shall do a good job in the hearing of the case with disputes occurred in establishment and improvement of modern-enterprise system of the state-owned enterprises by laws to maintain according to law the managerial autonomy and the state administration of state-owned assets. And the trial of the cases involving stock rights， creditor's rights， debt of the state-owned enterprises shall be done well to safeguard and promote the strengthen of direct investment and financing of enterprises， and to maintain the controlling ability of state-owed economy and the lawful rights and interests of banks and other creditors. The labor deputes cases shall be tried timely and properly to protect the lawful rights and interests of laborers by laws， promote the reform of labor system， and at the same time support enterprises to strengthen and improve the managements. The way of trial shall be used to solve timely and fairly the disputes occurred in the process of economic communications of enterprises and to protect the enterprises that participate in fair competition and engage in the lawful operation， and to maintain the market economic order and transaction safety. The administrative cases involving state-owned enterprise shall be tried in accordance with laws. The arbitrary charge， arbitrary fines and arbitrary apportion and other activities infringing on the legal rights and interests of enterprise shall be strictly forbidden and the exercise of administrative functions according to law by the administrative authorities shall be supported. The case involving the key projects or engineer construction with big disputed amount and influencing greatly the production and development shall be quickly registered and tried， and concluded timely. Courts at all levels shall conclude timely the civil and commercial cases relating to the stability of the enterprise in accordance with law. And those law-violating activities by taking the advantage of the transformation of enterprise to avert or evade the liabilities shall be punished severely so that the legal rights of the infringed enterprise can be protected.

　　All courts shall maintain， in accordance with law， the specific administrative act made in accordance with law by the administrative authorities in the rectification and standardization of the market order. The people's court shall revoke the administrative act that is made by administrative authorities and encroaches the operation autonomy rights of enterprise. Where the administrative authorities fail to exercise statutory duties so that the legal rights and interests of enterprise can't be protected， the people's court shall determine the administrative authorities to perform its statutory duties.

　　The execution concerning the interests of the enterprise， especially of enterprise in difficulties shall be done well to eliminate the unstable factors due to weak execution. Practical measures shall be taken to solve the execution of the debt of enterprise and to overcome the local protectionism and powerful measures shall be taken to solve the difficulty of execution in different cities. The executing courts shall pay attention not only to prevention of the social unstable factors due to weak execution， but also to the social unstable factors arising from arbitrary execution. With respect to the execution case concerning the stability of enterprise， special attention shall be paid， based on precondition of execution in accordance with law， to the execution art and execution methods and the combination of legal effects and social effects of execution.

　　6. The reception of the appeal of the mass to higher authorities for help shall be done well and the group appeal instance shall be dealt with appropriately

　　The courts at all levels shall pay special attention to the contradictions among the people under this new situation， and take practical measures to do a good job in dealing

with accurately the contradiction among the people as the political task in maintaining the stability of the enterprise. The appeal by letter or by visit shall be handled as of the same importance of trial. The appeal by letter or by visit of the mass shall be done well and carefully to dissolve the contradiction. With respect to the appealer， especially the group appealers of laid-off workers， they shall be patiently educated and guided； the people's court shall earnestly find out their difficulties and give assistance to solve real problems to prevent the intensification of the contradiction. The channels shall be broadened and the horizontal communication shall be strengthened. Active contact with related authorities shall be made to bring forward negotiating and assisting proposals with respect to the complicated and difficulty appeal cases. The appeal visitors shall be guided properly and protected in accordance with law in the exercise of rights. The work of stopping litigation and obeying the decision by related parties shall be done well and the dissemination of laws， persuasion and education shall be strengthened to dissolve the antagonizing mood of these parties. The case with surely wrong decision shall be registered timely for examination and the error shall be corrected in accordance with legal procedures to maintain the legal rights and interests of the parties. Where the former decision is right and the parties thereto who do not have appeal causes stick to appeal for a long time， effective measures shall be taken based on the support strived for from related authorities， to solve this problem and to maintain the regular work order of the people's court.

　　7. They shall participate actively in the comprehensive governing of maintaining the stability of enterprise and the society in combination with the trial

　　Courts at all levels shall summarize continuously the experience of trials concerning the interests of many employees of the enterprise and give suggestion and plan concerning the stability of enterprise to related authorities by way of judicial advice. Laws shall be disseminated in combination with the typical case of protecti
ng the legal rights and interests of the enterprise legally operated and the employees of enterprises and by many ways to maintain the authority of the Party， the government and the judicial authorities and increase the awareness and ability of the mass to maintain the rights and interests of themselves by legal measures.

　　8. They shall strengthen the leadership and specify the liability and implement the work of maintaining the stability of enterprise and society.

　　This year is the first year after the entry of our country into WTO and the Sixteenth National Congress of the CPC is about to be held. It is of special importance to do well all kinds of trial and take practical measures to maintain the stability of enterprise and society. The leaders of courts at all levels shall take practical measures to strengthen the leadership in the maintenance of the stability， establish capable work agency based on the existing team of leaders for the maintenance and in combination with the division of trial work to perfect all systems， specify the scope of function and liability and do well the implementation. In combination with the trial work and the reality， the situation shall be periodically analyzed to get clear about the problems and case that influence or may influence the stability of enterprise and society and promulgate practical and feasible counter measures and implement them without delay to assure the real effect. Courts at all levels shall stick to the rules to report material events to the local committee of the Party and related authorities timely and le

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/