司法助力破解企业“要债难”

Core Viewpoint - Small and medium-sized enterprises (SMEs) are facing significant challenges in debt collection, particularly due to large enterprises delaying payments, often under "back-to-back" clauses in contracts [1][2][3] Group 1: Challenges Faced by SMEs - SMEs are critical for economic growth, job creation, and innovation, yet they struggle with debt collection from large enterprises [1] - The "back-to-back" clause allows large enterprises to delay payments until they receive funds from third parties, leading to cash flow issues for SMEs [1][2] - A concrete case illustrates that a concrete company faced operational pressure and was forced to sue a large construction firm for unpaid debts totaling over 12 million yuan [3][4] Group 2: Legal Developments - The Supreme People's Court has ruled that "back-to-back" clauses are invalid, ensuring timely payments to SMEs and promoting fair market competition [1][5][7] - A recent judicial interpretation clarifies that such clauses transfer payment risks to SMEs, which is deemed unfair [8][9] - The court's decision in the concrete company's case reinforces the need for equitable treatment of SMEs in contractual agreements [5][12] Group 3: Regulatory Framework - New regulations, including the "Regulations on the Payment of Small and Medium-sized Enterprises," aim to protect SMEs from delayed payments and ensure timely compensation [11][12] - The legal framework emphasizes that large enterprises must not use third-party payments as a condition for settling debts with SMEs [11][12] - Courts are now more aligned in their rulings regarding the invalidity of "back-to-back" clauses, providing a more stable legal environment for SMEs [12]