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经观社论|乐见遏制趋利性执法新举措
经济观察报·2025-11-08 07:18

Core Viewpoint - The development of the private economy and the improvement of the business environment may remain mere slogans, and rebuilding confidence in the private economy is a challenging task that requires strict adherence to power boundaries and robust protection of property rights [1][5]. Group 1: Regulatory Measures - The market regulatory departments of Jiangsu, Zhejiang, Shanghai, and Anhui have jointly issued "Eight Measures to Strictly Regulate Cross-Regional Law Enforcement in the Yangtze River Delta," marking the first regional collaborative mechanism targeting "ocean fishing" style law enforcement [2]. - The "Eight Measures" aim to address the long-standing issue of cross-regional law enforcement that harms the private economy and disrupts the business environment, particularly in economically developed areas [2][3]. - The measures include clarifying the concept of cross-regional law enforcement, standardizing case collaboration procedures, and emphasizing the need for prior notification and accompaniment during enforcement actions [3]. Group 2: Legal Framework and Enforcement - The "Private Economy Promotion Law," effective from May 20, 2024, emphasizes the protection of private enterprises and prohibits illegal administrative or criminal interventions in economic disputes [3]. - Central policies have been reinforced by the "Eight Measures," which require careful use of administrative coercive measures and unified administrative penalty discretion to optimize the business environment [3][4]. - The measures also establish a case consultation system to resolve jurisdictional disputes through negotiation and enhance supervision of cross-regional law enforcement to prevent excessive or insufficient penalties [3][4]. Group 3: Underlying Issues - The tendency for profit-driven law enforcement is closely linked to the financial pressures faced by certain regions, particularly economically underdeveloped areas, where reliance on penalty income is higher [4]. - The phenomenon of "ocean fishing" style law enforcement reflects a disregard for individual rights and the transformation of public power into a tool for local financial gain, undermining the legitimacy of law enforcement [4][5]. - The article warns that if the mindset of profit-driven enforcement is not adequately addressed, the effectiveness of governance measures will be limited, and the goal of fostering the private economy may remain unfulfilled [5].