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关于清理企业中的公股公产问题,本院财政经济委员会制定了『企业中公股公产清理办法』,业经本院第六十六次政务会议批准公布施行。兹就有关该办法第三条(3)款所规定对战犯、汉奸、官僚资本家以及其它反革命分子在企业中的股份和财产依法没收的程序,作如下指示:一、凡公私合营企业和私营企业中有战犯、汉奸、官僚资本家的股份和财产,应予依法没收时,必须报经大行政区人民政府(军政委员会)审核后转请中央人民政府政务院批准,方得执行。在未得批准前,为了防止破坏、转移、隐匿,只能予以登记、冻结或查封,不得宣布没收。二、属于前条以外的一般匪特、恶霸、反革命分子在企业中的股份和财产,经县(市)人民法庭或人民法院判决没收时,应由省人民政府(或省人民政府特令指定之专署)批准执行;经省(市)人民法院或人民法庭判决者,得不经报请批准手续。三、过去经由县(市)人民法庭、各级人民法院判决或各级人民政府决定没收的前两条所称之财产,业经执行而无异议者,不再变更。四、企业中有本指示一、二两条所称之财产尚未经政府没收者,该企业业务执行人应按照『企业中公股公产清理办法』第二十二条之规定,向当地人民政府报告,否则依法处罚。
Regarding the issue of liquidation of public shares in enterprises, the Financial and Economic Committee of the Court formulated the Measures for the Liquidation of Public Shares in Enterprises, which was approved and promulgated by the 66th Administrative Council of the State Council. Hereby make the following instructions regarding the procedure for confiscation of shares and property in enterprises by war criminals, traitors, bureaucratic capitalists and other counter-revolutionaries, as stipulated in Article 3 (3) of the Measures, as follows: 1. Where public-private partnerships and private-owned enterprises When the shares and property of war criminals, traitors and bureaucratic capitalists should be confiscated in accordance with the law, they must be submitted to the Central Government for approval before implementation by the people’s government of the administrative region (military and political committee). Before being approved, in order to prevent destruction, transfer, concealment, only to be registered, frozen or sealed, shall not be declared confiscated. 2. The shares and property belonging to the general bandits, bullyes and anti-revolutionary elements other than those in the preceding article shall be confiscated by the people’s government of a province (or the people’s government of a province as prescribed by the people’s government of a province) upon the decision of the county (city) people’s court or the people’s court on the forfeiture. Agency) approved the implementation; the provincial (city) people’s court or people’s court judge, may not be submitted for approval. Thirdly, in the past, the property referred to in the preceding two articles decided by the people’s court of a county (city), the people’s court at various levels, or the people’s government at various levels that was decided to confiscate was unchanged after execution without objection. Four, the enterprise has the instructions of one or two of the alleged property has not yet been the government confiscated, the business executives should be in accordance with the “corporate public shares in the liquidation method” Article 22 of the report to the local people’s government report , Otherwise punished according to law.