多位民营企业家,改判无罪
第一财经·2025-11-06 06:36

Core Viewpoint - The Supreme People's Court emphasizes the importance of correcting wrongful cases involving enterprise property rights through retrials, which is crucial for protecting the rights of private enterprises and entrepreneurs [3]. Group 1: Characteristics of Typical Cases - The typical cases released by the Supreme People's Court adhere to the principle of legality in criminal law, ensuring that individuals are not held criminally liable for actions that do not violate the law as amended [4][10]. - The cases reflect the principle of criminal law's restraint, distinguishing between economic disputes and economic crimes, thereby preventing the misuse of criminal law in economic conflicts [5][6]. - The principle of equal legal protection is upheld, ensuring that both private and state-owned enterprises are treated equally under the law, which supports the establishment of a unified national market and a law-based business environment [7]. Group 2: Case Summaries - Case 1: In the case of Xie et al., the court found that the defendants did not violate the amended Company Law regarding registered capital, leading to a retrial that declared them not guilty of the charge of falsely reporting registered capital [8][10][11]. - Case 2: In the case of Ye, the court determined that despite some fraudulent actions, there was no intent to illegally possess others' property, resulting in a retrial that declared him not guilty of contract fraud [12][15]. - Case 3: In the case of Dou, the court found that the mixing of personal and company assets made it difficult to establish a clear violation of property rights, leading to a retrial that declared him not guilty of embezzlement and misappropriation of funds [16][20]. - Case 4: In the case of Shi and Wang, the court clarified the conditions under which the transfer of equity occurred, ruling that the mining company was liable for the full payment of the equity transfer price, thus reinforcing the equal legal status of private and state-owned enterprises [21][24].