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The Ministry of Public Security's new regulations curb distant-water fishing and clarify the jurisdictional principles for interprovincial cases.
The Ministry of Public Security issues new regulations to restrict cross-regional law enforcement and curb the chaos of "distant ocean fishing".
In recent years, the opposition to "deep-sea fishing" and "profit-driven law enforcement" has been growing increasingly vocal. This phenomenon can be attributed to multiple factors, including cases where certain regions pursue economic benefits due to financial pressures, as well as the overly broad provisions of our criminal jurisdiction, which provide a legal basis for "deep-sea fishing."
Since the second half of last year, the judicial system has implemented various measures to curb distant water fishing, such as the "Prosecutorial Protection for Enterprises" special action and special supervision of illegal law enforcement in different locations. However, the most influential measure was the new regulations issued by the Ministry of Public Security in March this year, aimed at curbing distant water fishing from the source and preventing local public security agencies from abusing jurisdiction to engage in profit-driven law enforcement.
The new regulations clarify the jurisdictional principles for cross-province criminal cases, primarily based on the location of the main crime, with the location of the enterprise as a supplementary factor. This differs from the current "Regulations on the Procedures for Public Security Organs to Handle Criminal Cases." The existing regulations define the location of the crime very broadly, including multiple places such as where the criminal act occurred and where the result occurred. For cyber crimes, jurisdiction has even extended to multiple locations such as the location of the servers and the location of the network service providers.
This broad jurisdiction regulation has led to multiple issues: different regional judicial authorities competing for jurisdiction over economically beneficial cases; defense lawyers finding it difficult to provide effective defense from a jurisdictional perspective; the goal of case handling potentially shifting from combating crime to pursuing economic benefits; and off-site case handling units possibly lacking the expertise and technical means to deal with complex cases.
The introduction of new regulations is expected to change this situation. For example, for an internet company that is registered and operates in Shenzhen, even if its users are spread across the country, according to the new regulations, the case should be under the jurisdiction of the local public security authority in Shenzhen. Even if someone reports a case from a different location, the receiving unit should transfer the materials to the public security authority in the location of the company.
In the face of "deep-sea fishing", enterprises can take the following relief measures:
The Supreme People's Procuratorate has set up a special section on the 12309 China Procuratorate website to handle 10 types of appeals related to infringement of enterprises' legitimate rights and interests, improper filing or withdrawal of cases, etc.
According to reports, after the new regulations were issued, public security systems across various regions are organizing study sessions and implementation efforts, as well as conducting related special investigation actions. It is hoped that this regulation can be effectively enforced to protect the victims of "distant water fishing," promote the progress of the rule of law, and better safeguard everyone's rights.