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规范涉企行政强制 优化法治化营商环境 最高法发布涉企行政强制典型案例
Yang Shi Wang· 2025-08-12 02:47
Core Viewpoint - The Supreme People's Court emphasizes that the rule of law is the best business environment, highlighting the release of typical administrative enforcement cases to protect the rights and interests of market entities and promote high-quality development of the private economy [1] Group 1: Administrative Enforcement Cases - The Supreme People's Court selected 10 typical administrative enforcement cases involving various types of administrative enforcement measures, including property seizure and administrative execution [1] - The cases cover diverse industries such as greening, telecommunications, tourism, energy, pharmaceuticals, decoration, and cultural dissemination, reflecting the broad scope of administrative management [1] - The cases illustrate significant legal issues, including the exploration and improvement of legal application standards regarding administrative subject qualifications, statutory powers, enforcement basis, enforcement procedures, and protection of legitimate interests [1] Group 2: Case Summaries - Case 1: A rafting company sued the local tourism bureau for unlawfully seizing its property without proper legal basis, resulting in a court ruling that confirmed the seizure was illegal and ordered compensation for losses incurred [3][4][6] - Case 2: A new energy company and its owner contested the local market supervision bureau's seizure of a ship and oil products, with the court ruling that the bureau failed to follow due process, leading to compensation for losses [7][8][9] - Case 3: A greening company challenged the local government’s forced demolition of its property, with the court confirming the demolition was illegal due to lack of proper legal procedures [10][11][12] - Case 4: A telecommunications company contested the unlawful demolition of its facilities by a local street office, resulting in a court ruling that the demolition violated legal procedures [13][14][15] - Case 5: A decoration company faced an administrative penalty for wage arrears but successfully contested the enforcement of the penalty due to the company's timely payment of owed wages, leading to a court ruling against the enforcement [17][18]
立法规范涉企行政检查
Jing Ji Ri Bao· 2025-08-11 22:06
Core Viewpoint - The implementation of the "Hainan Province Administrative Inspection Regulations (Trial)" on September 1 marks a significant step in creating a law-based business environment and promoting the "no disturbance" service concept for enterprises in Hainan [1] Group 1: Regulatory Changes - The new regulations aim to address issues such as multiple inspections, redundant checks, and arbitrary inspections faced by enterprises, thereby reducing institutional burdens and stimulating market vitality [1] - The introduction of these regulations is expected to provide a replicable "Hainan model" for optimizing the business environment nationwide [1] Group 2: Management Mechanisms - A dynamic management mechanism involving "inspection checklist + credit grading" is proposed, relying on a provincial regulatory platform for online filing of inspection plans and sharing of results [1] - The regulations will implement "trigger-based inspections" for low-risk enterprises and introduce a satisfaction evaluation system for enterprises [1] - Compliance with inspection regulations will be integrated into the performance assessment of law enforcement personnel, creating a comprehensive regulatory loop of "pre-warning, documentation during inspection, and post-tracing" [1]
最高法发布指导意见落实民营经济促进法
Zheng Quan Ri Bao· 2025-08-11 02:35
Core Viewpoint - The Supreme People's Court has issued guidelines to implement the Private Economy Promotion Law, aiming to provide stronger legal support for the healthy development of the private economy by addressing existing challenges [1][2]. Group 1: Legal Protection and Support - The guidelines propose 25 specific measures to ensure equal legal protection for private economic organizations, enhance their confidence, and facilitate their participation in market competition [1][2]. - Emphasis is placed on problem-oriented approaches to help private enterprises expand financing channels and resolve issues related to overdue payments [1][2]. Group 2: Governance and Compliance - The guidelines aim to guide private economic organizations in establishing internal governance and ensuring legal and ethical business practices through judicial interpretations and typical case publications [2]. - There is a focus on combating internal corruption within private enterprises and protecting consumer rights [2]. Group 3: Judicial Fairness and Stability - The guidelines stress the importance of strict and fair judicial practices to stabilize expectations, including the protection of property rights and correction of wrongful cases involving enterprises [2]. - Protection of the legal rights of private economic organizations and their operators is highlighted [2]. Group 4: Judicial Efficiency and Service - The guidelines propose optimizing litigation services to reduce the costs of dispute resolution for private economic organizations [2]. - There is a commitment to enhancing the effectiveness of foreign-related trials and increasing legal awareness among businesses [2]. Group 5: Future Implementation - The Supreme People's Court will continue to implement these guidelines, aiming to create a stable, fair, transparent, and predictable legal business environment to support the private economy [2].
最高法“25条”护航民营经济健康发展 保障各类经济组织公平参与市场竞争
Chang Jiang Shang Bao· 2025-08-11 00:06
Core Viewpoint - The Supreme People's Court issued guidelines to implement the Private Economy Promotion Law, aiming to provide stronger legal support for the healthy development of the private economy through 25 specific measures [1][2]. Group 1: Legal Framework and Measures - The guidelines emphasize equal treatment under the law, promoting lawful and standardized operations, ensuring strict and fair judicial practices, and improving the judicial system [1][2]. - The guidelines call for the implementation of a "non-prohibition, entry" policy to establish a unified market access negative list system, aiming to eliminate administrative power abuse and regional protectionism [3]. Group 2: Financial Support and Debt Resolution - The guidelines address common issues faced by private enterprises, such as debt collection and financing difficulties, by promoting new financing guarantees and ensuring timely payment of debts owed to private enterprises [4]. - The guidelines include measures to regulate illegal lending practices and enhance the enforcement of debt collection against entities that owe money to private enterprises [4][5]. Group 3: Internal Governance and Compliance - The guidelines aim to combat internal corruption within private enterprises and promote lawful and ethical business practices, including the protection of consumer rights [5]. - The guidelines stress the importance of maintaining the independence of corporate assets and responsibilities, ensuring that shareholders' rights are protected, particularly for minority shareholders [5]. Group 4: Credit and Trust Mechanisms - The guidelines propose improvements to the mechanisms for punishing untrustworthy behavior and restoring credit, aiming to minimize the impact of non-compliance on normal business operations [6].
利好民营经济政策不断推出 “硬核”支持让民营企业吃下“定心丸”
Yang Shi Wang· 2025-08-09 06:25
Core Viewpoint - The Supreme People's Court issued the "Guiding Opinions on Implementing the 'Private Economy Promotion Law'" to provide judicial support for the development of the private economy, outlining 25 specific measures across various areas such as market access, financing, and property rights protection [1][11]. Group 1: Market Access and Competition - The guiding opinions emphasize the strict implementation of the "non-prohibition, immediate entry" policy and the establishment of a unified national negative list for market access, aiming to ensure fair competition for private economic organizations [4]. - It mandates the elimination of regional barriers and local protectionism to guarantee that private enterprises can participate fairly in market competition [4]. Group 2: Financing Support - The opinions advocate for new financing guarantee methods for private economic organizations, leveraging supply chain and industrial chain resources, and affirming the legal validity of atypical guarantees [4]. - Measures are proposed to expedite the resolution of overdue payments to private economic organizations, particularly small and medium-sized enterprises, by enhancing the enforcement of claims [5]. Group 3: Protection of Rights and Interests - There is a focus on strengthening judicial protection of property rights and ensuring that the execution of assets does not excessively impact the production and living conditions of the parties involved [7]. - The opinions call for strict scrutiny of wrongful administrative penalties against enterprises and emphasize the need to differentiate between economic disputes and economic crimes [8]. Group 4: Implementation and Compliance - The guiding opinions aim to enhance the implementation of the Private Economy Promotion Law by clarifying judicial procedures and mechanisms for administrative litigation involving private economic organizations [12]. - They also highlight the importance of real-time publication of guiding cases to assist private enterprises in understanding legal frameworks when operating abroad [12]. Group 5: Recent Policy Developments - The issuance of the guiding opinions follows a series of favorable policies aimed at supporting the private economy, including the implementation of the "Fair Competition Review Regulations" and the reduction of items in the market access negative list [14]. - The Private Economy Promotion Law, which took effect on May 20, 2023, marks a significant shift towards legal protection for private enterprises, providing a strong foundation for their development [11][14].
宿先声|从“破产”到“破茧” 在“营商”中“赢商”
Sou Hu Cai Jing· 2025-08-09 00:03
Group 1 - The core viewpoint is that companies can successfully recover from bankruptcy through legal restructuring and support from the judicial system, as demonstrated by the case of Zhongou Electric Jiangsu Co., Ltd. which achieved a monthly output value exceeding 10 million after investing nearly 200 million [1] - The local court has effectively handled bankruptcy cases, focusing on maximizing asset recovery and minimizing market risks, leading to the resolution of 1,035.92 billion in bad debts and revitalization of significant market resources [1] - A total of 97 companies have successfully undergone a rebirth process, showcasing the effectiveness of the judicial system in fostering a supportive business environment [1] Group 2 - The business environment in Suqian is characterized by a commitment to legal governance, which is essential for maintaining a vibrant economic atmosphere and ensuring that companies feel secure and supported [2] - The local government aims to implement the principle that "the rule of law is the best business environment," balancing the roles of protecting legal rights and facilitating compliant development [2] - Efforts are being made to enhance the business environment in Suqian, with a focus on creating a "soft environment" through legal frameworks to strengthen the "hard power" of development [2]
贯彻落实民营经济促进法指导意见发布 专家分析
Yang Shi Wang· 2025-08-08 23:32
Group 1 - The "Private Economy Promotion Law" is China's first foundational law regarding the development of the private economy, officially implemented on May 20 this year [1] - The Supreme Court's guiding opinions consist of 25 articles aimed at ensuring the law's implementation, including the establishment of judicial mechanisms for administrative litigation related to investment agreements [1][2] - The law emphasizes that private enterprises must comply with local laws and respect local customs when operating abroad, with guidance provided for enterprises to understand applicable foreign laws [1] Group 2 - The guiding opinions aim to enhance the judicial role of courts in implementing the Private Economy Promotion Law, thereby encouraging and supporting the development of the private economy [2] - Key highlights include strengthening property rights protection and safeguarding entrepreneurs' rights, clarifying the boundaries between legitimate financing and illegal fundraising, and ensuring judicial fairness [3] - Innovative measures to address financing difficulties for private enterprises include regulating financial institutions' behaviors and expediting the resolution of overdue payments to small and micro enterprises [3]
最高法推25条举措落实民营经济促进法
Zheng Quan Shi Bao· 2025-08-08 22:59
Core Viewpoint - The Supreme People's Court issued the "Guiding Opinions on Implementing the Law on Promoting the Development of the Private Economy," aiming to enhance legal support for the healthy development of the private economy through 25 specific measures [1] Group 1: Legal Framework and Market Environment - The Guiding Opinions emphasize the need for equal legal treatment of private enterprises and the establishment of a fair and transparent business environment [1] - It highlights the importance of strengthening anti-monopoly and anti-unfair competition judicial efforts to ensure fair market participation [2] - The Opinions call for the implementation of a national negative list for market access to eliminate local protectionism and hidden barriers [2] Group 2: Financial and Debt Issues - The Opinions address the common issues of debt defaults and financing difficulties faced by private enterprises, proposing mechanisms for debt collection and enforcement [4] - It mandates the regulation of financial institutions' practices regarding loan conditions to protect the rights of private enterprises [4] - The document also emphasizes the need to combat illegal lending practices and enhance the financing environment for private businesses [4] Group 3: Dispute Resolution and Credit System - To reduce the costs of dispute resolution for private enterprises, the Opinions propose improvements to the credit repair and punishment mechanisms [5] - The document states that over 1.1 million individuals have returned to the market through credit repair initiatives in the first half of the year [5] - It also outlines the need for a dynamic adjustment mechanism for credit ratings based on compliance with obligations [5] Group 4: Technological and Data Protection - The Opinions include provisions for the judicial protection of technological innovation and the handling of data rights disputes [3] - It emphasizes the need for stronger intellectual property protections while curbing malicious litigation in the tech sector [2]
护航高质量发展,珠海检察院发布优化营商环境白皮书
Sou Hu Cai Jing· 2025-08-08 08:51
营商环境是经营主体生存发展的土壤。8月8日,珠海市人民检察院召开"优化法治化营商环境 护航高质量发展"新闻发布会,通报检察机关服务本地法治化 营商环境建设工作情况,并发布《优化法治化营商环境白皮书》及10个典型案例。 92 appealante . 近年来,珠海检察机关主动融入全市经济社会发展大局,通过多维度举措优化法治化营商环境。 在维护市场秩序方面,审查办理各类侵犯企业合法权益犯罪案件348件597人,办理扰乱市场秩序和破坏金融管理秩序犯罪案件319件706人。联合相关单位出 台反洗钱协作文件强化监督办案质效,并开展"空壳公司"违法犯罪专项治理,核查出250余家疑似"空壳公司"移交行政主管部门处理。 围绕打造更优营商环境,检察机关以"四大检察"全面履职,办理涉企民事检察案件474件、行政检察案件154件、公益诉讼案件19件。其中,督促履行工程竣 工验收备案管理职责行政检察监督案获评最高检指导性案例,"白蕉海鲈"地理标志保护行政公益诉讼案入选全国、全省知识产权保护典型案例。 在深化专项监督护企方面,持续清理涉企刑事诉讼"挂案"185件并防范新生"挂案";"检察机关依法护企"专项行动中,督促保护预制菜食品安全 ...
服务心贴心 暖企实打实——内蒙古持续优化法治化营商环境一线见闻
Nei Meng Gu Ri Bao· 2025-08-08 03:25
Group 1 - The total government procurement scale in the region exceeded 22.7 billion yuan in the first half of the year [1] - The total retail sales in Hohhot reached 56.88 billion yuan, with a year-on-year growth of 8.9% [4] - The total expenditure of domestic tourists in Hulunbuir was 22.096 billion yuan, showing a year-on-year increase of 11.88% [7] Group 2 - The Inner Mongolia High People's Court launched the 12368 litigation service hotline for enterprises, aiming to provide high-quality and efficient judicial services [10] - The establishment of a legal service team by the Inner Mongolia Justice Department to offer legal advice and dispute mediation for major projects and various market entities [10] - The "One Enterprise, One Judge" service model was implemented in Bayannur, enhancing judicial support for key enterprises [11] Group 3 - The establishment of a dedicated service window for enterprises at the Bayannur Public Security Bureau, providing efficient and convenient services [12] - The Inner Mongolia procuratorial organs have set up the first "Intellectual Property Prosecutorial Workstation" to enhance legal protection for enterprises [13] - The focus on optimizing service processes and simplifying procedures to improve service quality and efficiency for enterprises [14] Group 4 - The Inner Mongolia judicial system has been actively working to protect enterprises' legal rights and interests, with a significant increase in the number of enterprise-related cases processed [16] - The total number of enterprise-related cases concluded in Ordos City reached 20,506, a year-on-year increase of 21.09% [16] - The average processing time for enterprise-related cases was reduced to 35.38 days, a decrease of 12.34% compared to the previous year [16] Group 5 - The Inner Mongolia police have implemented a "One Enterprise, One Police" system to enhance service efficiency for enterprises [17] - Various police departments are actively engaging with enterprises to address security and operational concerns [17] - The focus on providing tailored judicial services to support the growth and development of market entities [17]