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No. 5 of Six Model Cases Involving Giving Full Play to the Functional Roles of Trials and Safeguarding the Property Rights and Lawful Rights and Interests of Entrepreneurs Published by the Supreme People's Court (Second Group): Case of Application for State Compensation from the People's Procuratorate of __ City, __ Province by Tianxin Company and Wei Guo (Middle Name Withheld) (Case of Application for State Compensation from the People's Procuratorate of __ City, __ Province by Tianxin Company and Wei Guo (Middle Name Withheld))
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最高人民法院发布6起充分发挥审判职能作用保护产权和企业家合法权益典型案例 (第二批)之五：天新公司、魏某国申请某某省某某市人民检察院国家赔偿案
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No. 5 of Six Model Cases Involving Giving Full Play to the Functional Roles of Trials and Safeguarding the Property Rights and Lawful Rights and Interests of Entrepreneurs Published by the Supreme People's Court (Second Group): Case of Application for State Compensation from the People's Procuratorate of __ City, __ Province by Tianxin Company and Wei Guo (Middle Name Withheld) (Case of Application for State Compensation from the People's Procuratorate of __ City, __ Province by Tianxin Company and Wei Guo (Middle Name Withheld))
(Case of Application for State Compensation from the People's Procuratorate of __ City, __ Province by Tianxin Company and Wei Guo (Middle Name Withheld))
最高人民法院发布6起充分发挥审判职能作用保护产权和企业家合法权益典型案例 (第二批)之五：天新公司、魏某国申请某某省某某市人民检察院国家赔偿案
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| No. 5 of Six Model Cases Involving Giving Full Play to the Functional Roles of Trials and Safeguarding the Property Rights and Lawful Rights and Interests of Entrepreneurs Published by the Supreme People's Court (Second Group): Case of Application for State Compensation from the People's Procuratorate of __ City, __ Province by Tianxin Company and Wei Guo (Middle Name Withheld) | | 最高人民法院发布6起充分发挥审判职能作用保护产权和企业家合法权益典型案例 (第二批)之五：天新公司、魏某国申请某某省某某市人民检察院国家赔偿案 |
| [Typical Significance] | | 【典型意义】 |
In the practical handling of criminal cases and in the handling of crimes committed by entrepreneurs, confusions in the personal property of an entrepreneur, the property of an enterprise legal person, and the lawful property of a family member of the entrepreneur occur occasionally. The Opinions on Property Rights specifies that “the rules for the disposition of the property of enterprises or individuals suspected of violation of the law shall be further detailed. In the case of imposition of sealing-up, seizure, and freezing measures or disposition of property involved in cases, personal property and enterprise property shall be strictly distinguished according to the law. If a shareholder, enterprise operator or manager, or other natural person violates the law, when his personal property is disposed of, no enterprise property shall be involved at will.” The Notice by the Supreme People's Court of Maximizing the Role of Trial Function and Creating a Good Legal Environment for Entrepreneurship and Innovation by Entrepreneurs (No. 1 [2018], Supreme People's Court) raises more specific requirements that the people's courts at various levels “shall strictly distinguish the illegal income and lawful property of entrepreneurs. The judgment for recovery or order for return and compensation may not be made in the absence of sufficient evidence of illegal income.” In this case, the people's court has strictly distinguished the illegal income of an entrepreneur and the lawful property under the operation and management of an enterprise, corrected the improper handling of lawful property under the operation and management of an enterprise by the procuratorial organ in the case-handling, and fully implemented the Opinions on Property Rights and the aforesaid judicial policies of the Supreme People's Court, which has typical guiding value.
．．．．．． | | 在刑事办案实践中，在处理企业家犯罪时混淆企业家个人财产和企业法人财产、企业家家庭成员合法财产的情况时有发生。《产权意见》对此明确要求：“进一步细化涉嫌违法的企业和人员财产处置规则，采取查封、扣押、冻结措施和处置案涉财物时，要依法严格区分个人财产和企业法人财产。对股东、企业经营管理者等自然人违法，在处置其个人财产时不任意牵连企业法人财产。”《最高人民法院关于充分发挥审判职能作用为企业家创新创业营造良好法治环境的通知》亦明确要求各级人民法院：“严格区分企业家违法所得和合法财产，没有充分证据证明为违法所得的，不得判决追缴或者责令退赔。”本案中，人民法院严格区分了企业家犯罪所得和企业经营管理的合法财产，依法纠正了检察机关在办案过程中对企业经营管理的合法财产的不当处理行为，充分将《产权意见》和最高人民法院上述司法政策落到实处，具有典型指引价值。
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