Optimize the business environment | Grasp the "four -dimensional" to continue writing the "Optimized Article" -The Zhangye Two Courts "Quick and Hui Life" model to help optimize the business environment of the rule of law

Author:Gansu Provincial Higher People Time:2022.07.13

To build a good business environment, whether you can not escort the rule of law, can you safeguard the legitimate rights and interests of the parties through a fair trial, and through the execution of the rights and interests of the parties to the victorious parties into real gold and silver, test the judicial wisdom and the court's feelings for the people. Affects the sense of gain and happiness of the masses. In recent years, the two courts of Zhangye have firmly established the concept of "the rule of law is the best business environment", accurately grasped the needs of the enterprise, continued to make efforts in trials and implementation, and continued to inject new judicial momentum for optimizing the business environment of the rule of law.

Executive "force"

The word "fast" activates corporate motivation

While prompting the legal rights and interests of the applicant in a timely manner, it has always been the concept of optimizing the business environment of the Zhangye Intermediate People's Court because of its own position, adapting to enterprises, and promoting the implementation of the implementation.

Zhangye Agricultural Science and Technology and a certain industry company in Shanxi involved a case of 10.467 million yuan in planting recycling contract. The defendant Shanxi's company did not accept the first trial of the Zhangye Intermediate People's Court and filed an appeal to the Gansu Provincial Higher People's Court. Original judgment. After the verdict came into effect, the verdict was not yet performed on schedule, and Zhangye's agricultural technology company then applied to the Zhangye Intermediate People's Court for compulsory implementation.

Since the independence case of the case, due to the large amount of the implementation, both parties are private enterprises and involved the many benefits of the application for the executors. The Zhangye Intermediate People's Court has handled the case as a key case, and many meetings were held for research and deployment. Commissioning a special person to follow up and supervise, after many efforts of the judge, the applicant has organized the applicant and the executed person to negotiate and discuss. In the end, the two parties reached a consensus and signed an agreement. The Zhangye Intermediate People's Court was unblocked at the first time that it was unblocked, effectively ensuring the normal order of the enterprise. This case was successfully concluded within one month, which not only fully safeguarded the applicant's victory rights and interests, but also responded to the maximum of the actual demand for the production of the person in charge of the person, taking into account the unity of social effects and legal effects.

In recent years, the two courts of Zhangye have thoroughly implemented the deployment requirements of the Party Central Committee, the Provincial Party Committee and Municipal Party Committee, and the higher courts. Implementation efforts, in -depth "optimizing the business environment, protecting the people's livelihood to solve the people's worries", "help rural revitalization, and serving spring cultivation and cultivation", "disputes between planting and recycling contracts", "warm enterprises", "helping enterprises", "protecting enterprises", " The four major actions of Hui Enterprise are supported by solid measures to escort the development of the enterprise with solid measures. In the first half of 2022, the two -level courts accepted a total of 5,703 cases related to the enterprise, and 3,161 were executed, and 240 million yuan was performed in place. It provided strong judicial services and guarantees for Zhangye's economic sustainable and healthy development and social stability.

The method is "warm" degree

"Qiao" solve the resolution of crisis

"In the execution of the enterprise, maintaining the rights and interests of the enterprise and the maximum activation of the development momentum of the enterprise is the basic requirement for the execution of the enterprise. Do not consider its interests, "said the executive judge of the Gaotai County Court.

In June 2019, the defendant Xu Moumou and a company leased contract. After the case took effect, the defendant failed to perform the effective judgment as scheduled. After the case entered the enforcement stage, the Gaotai County Court was delivered to the person to the executive notice, announcement and other document materials, but the per capita of the executive industry was refused to perform on the grounds that the special industries they operated in the government needed to operate within the designated area of ​​the government. The execution of the case was in an impasse, and the executive judge went to the Gaotai County Natural Resources Bureau and the Gaotai County Commerce Bureau to investigate and consult the solution, but they could not resolve the dilemma of the executed person.

In order to crack the execution deadlock, the executive judge sorted out the focus of the dispute in the case judgment, listened to the opinions of both parties many times, mastered the crux of the two parties that did not sign the lease contract, and patiently interpreted the law to solve the contradictions of the two parties. In the end, the two parties reached an agreement and signed a new lease contract. The application for the executor no longer required the executed person to fulfill the obligation of retreat determined by legal documents.

In recent years, the Gaotai County Court has adhered to the innovation of the implementation system and mechanism as the breakthrough point of optimizing the business environment of the rule of law, adheres to the implementation of the two -wheel drive of the system construction and the informatization construction, and explores the physical operation mechanism of the "421 model" command center. Optimize the business environment as a traction. Under the premise of continuously increasing implementation, shortening the implementation cycle, and ensuring the improvement of the implementation of the quality and efficiency, we adhere to the concept of goodwill and civilized implementation, promote the active implementation of enterprises involved in the case, and ensure the healthy and stable development of enterprises.

Judicial "fine" degree

"Hui" enterprise near French and enterprise relations

When a good enterprise develops a high -quality "aircraft guard", turns what the enterprise needs to become a "vane" for the work of entering the enterprise, focusing on accurate service, and strengthening the protection of the rule of law. The court has been exploring the road.

The Bank of Gansu Bank Co., Ltd. Linze Branch filed a lawsuit against the court because Liu and other six people and other six people requested the lender and the guarantor to perform the contractual obligations. After the judge of the Lingze County Court optimized the business environment judge studio took over the case, he carefully consulted the case materials and found that the cases of three cases were similar. Some defendants worked in the field and could not attend the lawsuit due to the epidemic. The undertaking judge actively communicated with the parties to conduct online trials through multiple mediation platforms to reduce the complaint of the parties as much as possible. In the end, the three cases reached a reconciliation agreement per capita. The three financial borrowing contract disputes were settled from the case to concluded, and the average number of cases handled was 18 days. In order to better resolve the disputes in enterprise -related enterprises and serve the business environment, and to provide high -quality and fast judicial services to enterprises and market entities, in April this year, the Linze County Court established an optimized business environmental judge studio in Linze Industrial Park. Cases involving enterprises in the park are accepted, mediate, trial, and execute in a timely manner. At the same time, they provide convenient and fast judicial services such as litigation guidance and legal consulting in the park. Since the establishment of Judge Studio, a total of 35 enterprises have been accepted, 18 are executed, and the amount is 320325 yuan.

The service is "deep"

"Pro -" enterprise rescue difficulties

"Letting enterprises move the legal risk control point forward forward and realize the fundamental transformation from" after -after -defense "to" premium prevention "is the concept of judicial services in the court," said Yuan Jianyin, deputy dean of Zhangye Intermediate People's Court many times at the symposium.

In June of this year, Zhangye Intermediate People's Court compiled the "Prevention and Guidelines for Common Legal Risk Prevention of Private Enterprises". The manual was prompted to prevent legal risks from six aspects of performance, corporate governance, intellectual property rights, corporate employment, corporate administrative management, and case enforcement. Specific suggestions on how private enterprises regulate their operations, avoid disputes, correct prosecution, respond, and properly preserve evidence to provide specific suggestions for private enterprises and entrepreneurs to prevent legal risks in advance and protect their legitimate rights and interests in accordance with the law. At present, the manual has been distributed to the county and district courts, some private enterprises and entrepreneurs, and has been unanimously affirmed and praised.

In order to provide better judicial services and guarantees for the development of enterprise operations, the two courts to actively extend their functions, combine the "I do practical things for the masses", "three, three questions and three investigations" activities, and carry out "judges' visits to hundreds of enterprises" and "enterprises" "Family Symposium" and other activities, the forward -movement conflict mediation port, strives to solve various types of contradictions involving enterprises in sprouts, help enterprises enhance their ability to resist risks, and provide strong judicial guarantees for the healthy and rapid development of enterprises. Since 2021, the two -level courts have carried out more than 120 activities such as Pu Fa, special investigations, and rule of law experiences, and visited more than 500 enterprises.

The rule of law is good and fertile, and it is a great way to gather together. There is no "rest" in the construction of the business environment. Zhangye's two -level courts will continue to seek new and new ways around the main battlefield of the business environment, cultivate a stable rule of law ecological soil for the high -quality development of the economy and society, and make the business environment of the rule of law a "reassinual pill" for enterprise development.

Source: Zhangzhong Intermediate Court

Editor: Ji Xueyong Ma Jianwei Editor: He Yuxin

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