司法助力破解企业“要债难”（法治头条·优化法治化营商环境）

Core Points - Small and medium-sized enterprises (SMEs) are crucial engines for economic growth, job creation, and innovation, but they face significant challenges in debt collection, particularly due to large enterprises delaying payments [1][2] - The "back-to-back" clause in contracts allows large enterprises to delay payments to SMEs until they receive payments from third parties, leading to cash flow issues for SMEs [1][4] - Recent judicial rulings have deemed the "back-to-back" clause invalid, reinforcing the legal protection of SMEs and ensuring fair market competition [1][8] Group 1 - SMEs are facing difficulties in collecting debts, with large enterprises often delaying payments, which can lead to severe financial strain and even bankruptcy for SMEs [1][2] - A specific case involving a concrete company illustrates the challenges SMEs face when pursuing legal action against larger firms, as they fear losing business relationships [2][4] - The Supreme People's Court has issued a ruling that invalidates the "back-to-back" clause, providing a legal basis for SMEs to claim their payments [8][9] Group 2 - The "back-to-back" clause effectively shifts the risk of third-party payment delays onto SMEs, which are often in a weaker negotiating position [9][10] - The recent judicial interpretations aim to standardize the handling of such cases, ensuring that SMEs are not unfairly burdened by payment risks [10][12] - Legislative measures, including the revised "Regulations on Payment to SMEs," are being implemented to enhance the payment responsibilities of large enterprises and government entities [12][13]