检察服务“一带一路”法治化营商环境的体系构建

System Construction of Legalized Business Environment of Procuratorial Service of the Belt and Road

检察机关在服务保障“一带一路”法治化营商环境的实践探索中,发现刑事司法政策单一倾向性存在内生缺陷、传统法律监督模式无法契合“一带一路”法治化营商环境、主体间法律规范互认程度难以满足经贸需求的问题,亟需重塑检察服务的基本面向。应确立以积极依法检察观宰治“一带一路”法律监督,以检察综合履职护航“一带一路”民企发展、以检察一体履职协同“一带一路”横纵联动、积极刑法观指导“一带一路”犯罪预防的服务保障基本面向。落实到实践中,应从推进涉“一带一路”地区开展企业适法改造、检察履职助力“一带一路”软法硬化、数字检察赋能涉“一带一路”自贸区法律监督三个维度展开。

Procuratorial organs in the service of safeguarding the“Belt and Road”business environment under the rule of law in the practical exploration of the criminal justice policy have found some shortcomings,such as a single tendency of endogenous defects,the traditional mode of legal supervision not being able to fit the“Belt and Road”business environment under the rule of law,the degree of mutual recognition of the legal norms of the subject difficult to meet the needs of economic and trade issues,which is urgent to reshape the basic orientation of procuratorial services,establish the legal supervision of the“Belt and Road”with the view of procuratorial law,escort the development of private enterprises in the“Belt and Road”with the comprehensive performance of procuratorial duties,and synergize the“Belt and Road”with the integrated performance of procuratorial duties.The basic orientation of the service guarantee is to protect the development of private enterprises in the“Belt and Road”,to escort the development of private enterprises in the“Belt and Road”with the comprehensive performance of procuratorial duties,to synergize the“Belt and Road”with the integrated performance of procuratorial duties,and to provide guidance on the“Belt and Road”crime prevention with the concepts of positive criminal law.In practice,it should be carried out from three dimensions:promoting the reform of enterprise compliance in the Belt and Road areas,strengthening the soft law of the Belt and Road by procuratorial performance,and enabling the legal supervision of the Belt and Road FTA by digital procuratorial.