如何保障民企与国企合作中的合法权益

Core Points - The "Private Economy Promotion Law" emphasizes the importance of the private economy in the socialist market economy and aims to ensure its sustainable, healthy, and high-quality development [1][3] - The law addresses concerns of private enterprises regarding market access, resource protection, rights protection, debt collection, and fair law enforcement [1] Group 1: Issues in Cooperation - Conflicts often arise between state-owned enterprises (SOEs) and private enterprises during collaborations, particularly regarding adherence to the Civil Code, Company Law, and the Private Economy Promotion Law [3] - A specific case involves Changchun Hengyi Industrial and Trade Co., Ltd. (a private enterprise) and its partnership with Jilin Provincial State-owned Assets Management Co., Ltd. (an SOE), where the private share in the joint venture is 40% [3][5] Group 2: Governance Structure - The governance structure of the joint venture was defined in an agreement, with the SOE appointing key management positions, including the chairman and financial director [5] - However, the SOE did not follow the agreed governance structure, unilaterally appointing the general manager and vice general manager, and failing to hold regular shareholder meetings [5][6] Group 3: Financial Performance and Transparency Issues - The joint venture experienced a significant profit decline in 2023, with profits dropping by 22.61 million yuan, a decrease of 73.6% compared to 2022 [8] - The profit margin fell from 26.43% in 2022 to 8.88% in 2023, a decline of 66.4% [8] - Requests for financial transparency from the private enterprise were repeatedly denied, limiting their understanding of the financial situation [8][9] Group 4: Legal and Regulatory Concerns - The establishment of a new company by the SOE, which overlaps with the joint venture's business, raised concerns about unauthorized operations and potential conflicts of interest [9] - The private enterprise raised issues regarding the SOE's financial obligations and potential misappropriation of funds, questioning the legality of cash withdrawals and asset transfers [11][13] Group 5: Calls for Legal Compliance - The private enterprise has called for adherence to the Private Economy Promotion Law and other legal frameworks to protect their rights and ensure fair treatment in the partnership [13]