最高法发布7大典型案例 银行违规收取“融资承诺费”位列第一

Core Viewpoint - The private economy is a driving force for China's modernization and a crucial foundation for high-quality development. The Supreme People's Court has released seven typical civil and commercial cases that demonstrate the equal legal protection of private enterprises' legitimate rights and interests [1]. Group 1: Legal Protection of Private Enterprises - The seven typical cases cover various aspects, including optimizing the financing environment, activating limited liability for shareholders, addressing historical issues, and protecting the reputation and credit of enterprises [4]. - The cases reflect the latest progress made by the courts in legally protecting the legitimate rights and interests of private enterprises [4]. Group 2: Financing Challenges - The courts aim to address the financing difficulties faced by private enterprises by regulating financial institutions' behaviors, which is essential for ensuring the survival and development of these enterprises [5]. - Through the adjudication of financial loan disputes, the courts enforce national financial regulatory policies and promote the optimization of inclusive financial services [5]. Group 3: Equal Protection of Rights - The principle of non-retroactivity is upheld to ensure equal protection of the legitimate rights of both state-owned and private enterprises [9]. - The courts consider the complexities of enterprise restructuring while balancing the interests of all parties involved, ensuring that enterprises do not evade debts through restructuring [10]. Group 4: Shareholder Limited Liability - The courts maintain the independence of corporate assets and the separation of responsibilities between shareholders and companies, which is vital for enhancing the confidence of private enterprises and entrepreneurs [11]. - Legal responsibilities are enforced against controlling shareholders and actual controllers who misuse their positions, ensuring the protection of honest shareholders' rights [11]. Group 5: Maintaining Enterprise Credit - The courts innovate execution measures to protect the credit of private enterprises, ensuring that enforcement actions do not disrupt their operational management or financial flows [12]. - In a specific case, the courts implemented measures that allowed for the efficient resolution of disputes while safeguarding the financial stability and reputation of the involved enterprises [12].