事关民企融资难、融资贵!最高法发布7大案例
Shang Hai Zheng Quan Bao·2025-12-04 14:33

Core Viewpoint - The Supreme People's Court has released seven typical civil and commercial cases to ensure equal protection of the legitimate rights and interests of private enterprises, addressing issues such as financing difficulties and enhancing investor confidence in the private sector [1][3]. Group 1: Regulation of Financial Institutions - The court aims to regulate financial institutions to alleviate the financing difficulties and high costs faced by private enterprises, ensuring compliance with national financial regulatory policies [3]. - In a case involving a bank and a real estate development company, the court ruled against the bank for charging excessive fees not aligned with the services provided, thereby reducing the financing costs for the borrower [3]. - Another case highlighted the court's stance on fair treatment, where a bank's premature loan termination was deemed a violation of good faith and fairness principles, reinforcing the protection of borrowers [4]. Group 2: Equal Protection of State-owned and Private Enterprises - The court emphasizes the principle of non-retroactivity in law, ensuring equal protection for both state-owned and private enterprises in legal proceedings [6]. - In a dispute involving a state-owned enterprise and a private developer, the court upheld the rights of the state-owned enterprise while recognizing the private company's faults, demonstrating a balanced approach to rights protection [6][7]. - The court addresses complexities in corporate restructuring, ensuring that the rights and obligations are clearly defined while preventing undue burdens on private enterprises [6]. Group 3: Maintenance of Limited Liability for Shareholders - The court's enforcement of the limited liability system is crucial for boosting investor confidence in private enterprises, ensuring the separation of personal and corporate liabilities [9]. - In a case involving an investment company, the court protected the rights of a shareholder who had fulfilled their capital contribution obligations, preventing them from being added as a defendant in a debt recovery case [9]. - The court also aims to prevent the misuse of power by controlling shareholders and ensuring that legitimate shareholders' rights are safeguarded, thereby encouraging investment and entrepreneurship [9]. Group 4: Innovative Execution Measures - The court has introduced innovative execution measures to protect the credit of private enterprises, ensuring that enforcement actions do not disrupt business operations or harm the company's reputation [10].