《民营经济促进法》如何破除市场壁垒？怎样为民营企业保驾护航？解读→

Core Viewpoint - The "Private Economy Promotion Law" was passed by the National People's Congress, marking a significant step in establishing the legal status of the private economy in China, set to take effect on May 20, 2025 [1][3][9] Group 1: Legislative Framework - The law is the first to explicitly incorporate the principle of "two unwavering" regarding the support of both public and non-public economies into legislation [3][9] - It consists of 9 chapters and 78 articles, emphasizing the importance of the private economy as a vital component of the socialist market economy [9] - The law aims to integrate the legal framework supporting private economic development into the socialist legal system with Chinese characteristics [8] Group 2: Fair Competition and Market Access - The law enhances the mechanisms for fair market access for private economic organizations, ensuring they can participate equally in market competition [11] - It establishes a negative list for market access, allowing various economic organizations, including private ones, to enter fields not listed [14] - Provisions are made to prevent monopolistic and unfair competition practices, ensuring a conducive market environment for private enterprises [13] Group 3: Support for Innovation - The law explicitly supports private economic organizations in technological innovation and protects their original innovations [15] - It encourages collaboration between private enterprises and research institutions, promoting technology transfer and integration of industry and academia [17] - Strengthened intellectual property protection measures are included, such as punitive damages for infringement [17] Group 4: Rights Protection and Service Assurance - The law establishes effective communication mechanisms between government and enterprises, ensuring timely responses to the concerns of private economic organizations [18] - It emphasizes the legal protection of the personal rights, property rights, and operational autonomy of private economic organizations and their operators [18] - Provisions are made to curb arbitrary charges and fines, ensuring a fair administrative environment for private enterprises [18][23] Group 5: Regulation of Law Enforcement - The law prohibits the use of criminal measures to interfere in economic disputes, ensuring a clear distinction between economic disputes and crimes [21][19] - It mandates the establishment of a cooperative system for cross-regional law enforcement to prevent abuse of power for economic interests [22] - It holds government entities accountable for failing to fulfill contractual obligations to private economic organizations, with provisions for compensation in case of losses [23]