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Notice by the CPC Political and Legislative Affairs Committee, the Supreme People's Court, and the Supreme People's Procuratorate of Issuing the Opinions on Procuratorial, Judicial and Public Security Departments Legally Ensuring the Resumption of Work and Production during the Epidemic Prevention and Control [Effective]
中共中央政法委员会、最高人民法院、最高人民检察院等关于印发《关于政法机关依法保障疫情防控期间复工复产的意见》的通知 [现行有效]
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Notice by the CPC Political and Legislative Affairs Committee, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice of Issuing the Opinions on Procuratorial, Judicial and Public Security Departments Legally Ensuring the Resumption of Work and Production during the Epidemic Prevention and Control 

中共中央政法委员会、最高人民法院、最高人民检察院、公安部、司法部关于印发《关于政法机关依法保障疫情防控期间复工复产的意见》的通知

(No. 13 [2020] of CPC Political and Legislative Affairs Committee) (中政委〔2020〕13号)

The party committees and committees of politics and law, the higher people's courts, the higher people's procuratorates, the public security departments (bureaus), and judicial departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government; the Party Committee and Committee of Politics and Law of Xinjiang Production and Construction Corps, the Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region, and the People's Procuratorate, the Public Security Bureau and the Judicial Bureau of Xinjiang Production and Construction Corps: 各省、自治区、直辖市党委政法委、高级人民法院、人民检察院、公安厅(局)、司法厅(局),新疆生产建设兵团党委政法委、新疆维吾尔自治区高级人民法院生产建设兵团分院、新疆生产建设兵团人民检察院、公安局、司法局:
For the purpose of implementing the spirit of important speeches delivered by General Secretary Xi Jinping in the meeting to advance the work on coordinating the prevention and control of the COVID-19 and economic and social development, the CPC Political and Legislative Affairs Committee has, in conjunction with the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice, developed the Opinions on Procuratorial, Judicial and Public Security Departments Legally Ensuring the Resumption of Work and Production during the Epidemic Prevention and Control, which is hereby issued to you for your earnest implementation according to actual conditions. 为认真贯彻落实习近平总书记在统筹推进新冠肺炎疫情防控和经济社会发展工作部署会议上的重要讲话精神,中央政法委会同最高人民法院、最高人民检察院、公安部、司法部制定了《关于政法机关依法保障疫情防控期间复工复产的意见》,现印发给你们,请结合实际认真贯彻落实。
CPC Political and Legislative Affairs Committee 中共中央政法委员会
Supreme People's Court 最高人民法院
Supreme People's Procuratorate 最高人民检察院
Ministry of Public Security 公安部
Ministry of Justice 司法部
February 25, 2020 2020年2月25日
Opinions on Procuratorial, Judicial and Public Security Departments Legally Ensuring the Resumption of Work and Production during the Epidemic Prevention and Control 关于政法机关依法保障疫情防控期间复工复产的意见
For the purposes of implementing the spirit of important instructions made by General Secretary Xi Jinping on advancing the work on coordinating the prevention and control of the COVID-19 and economic and social development, maximizing the role of procuratorial, judicial and public security departments, and ensuring the epidemic prevention and control of novel coronavirus and ensuring the work resumption during the period at all costs, the Opinions are hereby offered as follows. 为认真贯彻落实习近平总书记关于统筹推进新冠肺炎疫情防控和经济社会发展工作的重要指示精神,充分发挥政法机关职能作用,依法全力做好新冠肺炎疫情防控工作、保障疫情防控期间复工复产工作,制定如下意见。
I. Further studying and fulfilling the spirit of important instructions made by General Secretary Xi Jinping, and raising political awareness of ensuring the work resumption according to the law: The CPC Central Committee with Comrade Xi Jinping at the core has attached great importance to the epidemic prevention and control, and Xi Jinping has made important speeches and instructions on several occasions, thus providing fundamental guidelines for advancing the work on coordinating the prevention and control of the COVID-19 and economic and social development. The procuratorial, judicial and public security departments at various levels, cadres in politics and law and police officers shall take further steps to study and fulfill the spirit of the important instructions, and effectively unify thoughts and actions based on the decisions and arrangements of the CPC Central Committee. They shall heighten the “awareness of maintaining political integrity, thinking in big-picture terms, keeping the CPC as the core of leadership, and acting consistently with the policies of the CPC Central Committee”, have confidence in “our path, guiding theories, political system, and culture”, and resolutely “defend the status of General Secretary Xi Jinping at the core of the CPC Central Committee and the whole Party and defend the authority and leadership of the CPC Central Committee”. Furthermore, they shall advance as pioneers to spearhead the work, spare no effort to ensure the epidemic prevention and control as well as the resumption of work and production, and help resolve the people's urgent problems and concerns in a timely manner. The requirements for region-specific and multi-level arrangements of work resumption shall be precisely followed. The relationship between the epidemic prevention and control and economic and social development shall be properly coordinated. Efforts shall be made to protect the orderly resumption of work while resolutely preventing the spread of the coronavirus disease. The supply of necessary materials shall be guaranteed, and the lawful rights and interests of various market entities shall be equally protected, so as to provide solid support for our country to maintain a good momentum for economic and social development, and fulfill the tasks of building a moderately prosperous society in all aspects and fighting against poverty. The positioning and focus of the tasks shall be determined, and challenges and difficulties encountered during the work resumption shall be promptly resolved. Effective measures shall be taken to prevent infections after the resumption of work and production, such as establishing the strictest post responsibility system, and improving the post-epidemic emergency response mechanism, so as to provide high-quality, efficient public political and legal services as well as robust enforcement and judicial guarantees for stabilizing public expectations and maintaining a normal economic and social order.   一、深入学习贯彻习近平总书记重要指示精神,切实增强依法保障复工复产的政治自觉。以习近平同志为核心的党中央高度重视新冠肺炎疫情防控工作,习近平总书记多次发表重要讲话、作出重要指示,为统筹推进新冠肺炎疫情防控和经济社会发展工作提供了根本遵循。各级政法机关和广大政法干警要深入学习贯彻习近平总书记重要指示精神,切实把思想和行动统一到党中央决策部署上来,增强“四个意识”,坚定“四个自信”,做到“两个维护”,在统筹推进疫情防控和经济社会发展工作中,勇当先锋,敢打头阵,全力以赴做好疫情防控、保障复工复产工作,及时解决群众所急所忧所思所盼。按照分区分级精准复工复产的工作部署要求,统筹处理好疫情防控和经济社会发展的关系,在坚决做好疫情防控工作的同时,依法保障有序复工复产,为疫情防控提供有力物资保障,依法平等保护各类市场主体合法权益,为保持我国经济社会良好发展势头、实现决胜全面建成小康社会、决战脱贫攻坚的目标任务提供有力支撑。要找准工作结合点和着力点,及时协调帮助解决复工复产中存在的困难和问题,切实防止复工复产后发生疫情感染,推动建立最严格的岗位责任制,完善疫情发生后的应急处理机制,为稳定社会预期、维持正常经济社会秩序,提供优质高效的政法公共服务和坚强有力的执法司法保障。
II. Improving and enhancing the policies and regulations of promoting the work resumption: The issuance of the Regulation on Ensuring the Payment to Small- and Medium-sized Enterprises shall be promoted, so as to improve the system regarding the restraint and punishment on arrears and protect the lawful rights and interests of small- and medium-sized enterprises. Efforts shall be made to cooperate with the relevant departments to issue the policies and regulations on resuming work and production, expanding domestic demands, and protecting the lawful rights and interests of enterprises and their employees, actively intervene and conduct studies in advance, and focus on rights protection. It is prohibited from adding extra certification items or conditions beyond the laws and regulations, and no excessive requirements that may restrict or hinder the work resumption shall be imposed. The legality review of the relevant policies and measures shall be accelerated, the rights and obligations of all parties shall be balanced in the process of review so as to ensure that the policies can achieve the result of stabilizing employment and investment, and provide legal support to the epidemic prevention and control, and orderly resumption of work and production, particularly post-work resumption guidance and supervision, as well as the establishment of the strictest post responsibility system and the epidemic emergency response mechanism. The study on laws and policies regarding the epidemic prevention and control as well as the protection of work resumption shall be strengthened.   二、推动健全完善促进复工复产的政策法规。推动出台《保障中小企业款项支付条例》,完善拖欠账款问题约束惩戒相关制度,维护中小企业合法权益。密切配合有关部门出台复工复产、扩大内需、维护企业和职工合法权益方面的政策规定,主动介入、提前研究,注重维护企业和职工的合法权益。严格禁止在法律法规外增加许可事项、增设许可条件,防止设置过高门槛限制和影响复工复产。加快对有关政策措施的合法性审查,在审查过程中注意平衡好各方权利义务,确保实现稳就业、稳投资的政策效果,为依法防控疫情、有序复工复产,特别是进一步做好复工复产后的防疫指导监督、建立最严格的岗位责任制和疫情应急处理机制提供法治支持。加强依法防控疫情、保障企业复工复产有关法律政策问题研究。
III. Supporting law enforcement in a strict, standard, impartial and civilized manner: Administrative discretion shall be reasonably exercised; excessive use of simple and violent means in law enforcement shall be prevented; social conflicts shall be avoided; and the lawful rights and interests of enterprises and their employees shall be effectively protected. For enterprises that meet the requirements for resuming work and have established a strict post responsibility system and an emergency response system for epidemic prevention, convenient conditions shall be created to support them in applying for administrative approval of business expansion, change of production line, and scientific researches; and the approval process shall be simplified for them. Clear traffic shall be guaranteed, and congestion in the flow of people and materials shall be eased. While priority shall be given to the vehicles for epidemic prevention and control, traffic management shall be continuously optimized to meet the actual needs of enterprises' work resumption and rebounding logistics services. Comprehensive efforts shall be made to ensure safe and smooth operation of road traffic so that employees can go back to work, sufficient raw materials can be supplied, finished products can be transported in a timely manner, and the “last-mile” issue for the supply of daily necessities can be properly resolved. Solid measures shall be taken to ensure safe and smooth traffic flow on trunk roads so as to shorten the waiting time of the people. Safety shall be guaranteed for the “back-to-work” shuttle buses organized by the relevant transportation departments to bring migrant workers back to their companies. Warnings and trainings for drivers of freight vehicles shall be strengthened, and the safety and technical conditions of freight vehicles shall be inspected so as to prevent traffic accidents caused by careless truck drivers. Maritime security and safeguarding work shall be enhanced, illegal and criminal maritime activities shall be restrained and punished, and maritime traffic safety shall be effectively guaranteed according to the law.   三、大力推进严格规范公正文明执法。合理使用行政裁量权,防止执法过度、简单粗暴,引发社会矛盾,切实维护企业和职工合法权益。对具备复工复产条件、已建立严格防疫岗位责任制和疫情应急处理机制的企业,要积极为其申请增产、转产、开展科研攻关等相关行政许可提供方便、创造条件,简化工作流程。认真做好道路交通保障工作,打通人流、物流堵点,在保障疫情防控车辆优先通行的同时,针对企业复工复产交通流量、货运物流回升的实际,不断科学优化交通管控,全力保障公路路网安全顺畅运行,确保员工回得来、原料供得上、产品出得去,解决好生活必需品供应的“最后一公里”问题。扎实做好主干公路保顺畅保安全工作,减少群众等候时间。对交通运输部门组织的集中运送农民工等群体返岗复工直通车,要加强沿途安全保障。要强化货运驾驶人警示教育,严格货车安全技术状况检查,严防货车肇事引发事故。加强海上治安和安全保卫工作,严厉打击海上违法犯罪活动,依法切实做好海上交通保障工作。
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