Courts told to fix mistakes on entrepreneurs

SPP issues judicial notice aimed at creating better business environment

Courts nationwide were ordered on Tuesday to correct their mistakes in handling cases involving entrepreneurs and start retrials as soon as possible, to provide a better economic environment for companies.

Every court should increase efforts to review appeals and correct wrongful convictions quickly, according to a notice issued by the Supreme People’s Court.

“Applications by entrepreneurs for state compensation should be dealt with efficiently if it is confirmed their convictions were wrong,” the top court’s research office said in a statement.

The notice told courts to strictly distinguish between economic disputes and crimes, as well as between an entrepreneur’s legal properties and those gained illegally, and to avoid interfering in or solving financial disputes through criminal penalties or taking property with insufficient evidence.

An entrepreneur’s legal private property, and that of his or her family, should not be affected when he or she is involved in a crime, the statement added.

“Using criminal measures to penalize economic violators is a problem most entrepreneurs complain about,” the research office said. “It not only makes entrepreneurs unsafe in the market, but also tarnishes judicial credibility.”

“We’ll conduct more research on entrepreneur-related disputes and solving difficulties in hearing such cases in grassroots courts, as well as ensure we make every judgment accurately,” he added.

On Thursday, the top court announced the retrial of three major cases related to property rights.

One involves Gu Chujun, 58, who worked his way up from an entry-level technician to chairman of Guangdong Kelon Electrical Holdings, a large refrigeration and appliance company. He was arrested in 2005.

The Guangdong Provincial High People’s Court in 2009 sentenced him to 10 years in prison for falsifying and withholding information and embezzlement. He was also fined 6.8 million yuan ($1.03 million).

Gu has petitioned the Supreme People’s Court since 2012, denying all charges and reporting the wrongdoings of four officials.

After a review, the top court said it will rehear the case, as it is eligible for retrial in accordance with the Criminal Procedure Law.

The notice and retrials represent the implementation of a guideline released by the Central Committee of the Communist Party of China and the State Council in November 2016 on the effective protection of property rights, the top court added.