Opinions issued by the highest inspection: generally, funds for innovative R & D equipment will not be seized and frozen

Source: Xinhua News Agency issued opinions on July 18, 2016 before the supreme inspection day, emphasizing to give full play to the procuratorial function to guarantee and promote scientific and technological innovation in accordance with the law It is pointed out that the equipment, funds and technical data used for scientific and technological innovation and product research and development in scientific research institutions are generally not sealed up, seized or frozen On the 14th, the Supreme Procuratorate held a press conference to introduce the main contents of the opinions on giving full play to the procuratorial functions to guarantee and promote scientific and technological innovation in accordance with the law Xiao Wei, spokesman of the Supreme Procuratorate, said that the opinions are divided into five parts and 15 articles, highlighting the main functions of the procuratorial organ, emphasizing the adherence to the thinking and mode of the rule of law, and strengthening the operability and system execution The opinion requires the procuratorial organ to grasp the boundaries of law and policy accurately, and distinguish the "five boundaries" between crime and non crime in handling cases correctly:—— For scientific researchers, especially academic leaders, who are also in administrative positions, the identity of their scientific researchers and public servants should be distinguished, especially between scientific and technological innovation activities and public administration, and the boundary between the behavior of scientific researchers providing consultation with their own professional knowledge and the behavior of taking bribes by taking advantage of administrative power such as examination and approval and management should be correctly grasped—— Distinguish the boundaries between the distribution of scientific research personnel's legitimate equity dividends, intellectual property rights earnings, scientific and technological achievements transformation earnings, corruption and bribery; -- distinguish the boundaries between the failure of scientific and technological innovation and exploration, reasonable loss and fraud of scientific research projects, and virtual increase of scientific research funds investment—— Distinguish between breaking through the existing rules and regulations, using scientific research funds according to the needs of scientific and technological innovation and the boundaries of embezzlement, misappropriation and private division of scientific research funds; - distinguish between the normal losses caused by venture capital, entrepreneurship and dereliction of duty Song Hansong, director of the fourth Bureau of the General Administration of anti corruption of the Supreme People's Procuratorate, said that the work of scientific and technological innovation has its own institutional mechanism and industrial characteristics The procuratorial organ should seriously study and carefully deal with some new problems in the financing of scientific and technological innovation, the capitalization and industrialization of scientific research achievements, and the transformation of scientific research achievements For those who are determined to innovate and explore, but make mistakes and deviations in decision-making and cause certain losses, they should be treated carefully according to different situations Those who do not engage in malpractices for personal gain, enrich their own pockets, or cause serious consequences shall not be dealt with as crimes The opinion also requires that the crimes of infringing trademark right, copyright, patent and trade secret shall be punished according to law, and the legal protection of the legitimate rights and interests of the subject of scientific and technological innovation shall be strengthened It is emphasized that the serious infringement and counterfeiting involving high and new technology, key core technology, national and social interests, directly related to the life safety and health of the people, and network infringement shall be put forward We will focus on cracking down on crimes and carry out special measures to deal with them