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独家专访!中小企业协会常务副会长马彬谈《民营经济促进法》:稳预期、优环境、破难题
Hua Xia Shi Bao· 2025-05-06 09:44
Core Viewpoint - The "Private Economy Promotion Law" is a significant legislative step aimed at stabilizing and promoting the development of the private economy in China, marking the first time the legal status of the private economy is explicitly defined and supported by law [2][3]. Group 1: Highlights of the Law - The law integrates the Party's evolving understanding of the private economy's role and the successful experiences of private economic development over the past 40 years [3]. - It aims to provide long-term stability for private enterprises by elevating support measures to a legal status, enhancing their confidence in entrepreneurship [3]. - The law emphasizes optimizing the business environment through legal frameworks, addressing issues such as fair competition, financing, and protection of rights [3][4]. Group 2: Improvements Over Previous Regulations - The law serves as a foundational legal framework that consolidates various policies and practices regarding the private economy, filling a legislative gap and establishing a comprehensive legal system [4]. - It focuses on eliminating ownership discrimination and ensuring fair competition, addressing long-standing challenges faced by private enterprises in market access and property rights [4]. - The law applies to all private economic entities, including individual businesses and private enterprises, ensuring equal protection regardless of size [4]. Group 3: Measures Against Barriers - The law explicitly prohibits discriminatory policies and ensures equal market access for private economic organizations, aiming to dismantle hidden barriers [5]. - It mandates the implementation of fair competition review systems and prohibits restrictive practices in bidding and procurement processes [5]. - A mechanism for effective communication between government and private enterprises is established to address reasonable concerns and issues faced by private businesses [5]. Group 4: Future Policy Support Needs - Following the law's enactment, there is a need for detailed supporting policies and implementation guidelines to translate legal principles into actionable measures [6]. - Ensuring policy consistency and effective coordination with existing laws and regulations is crucial for the law's successful implementation [6]. - Strengthening law enforcement is essential to transition from having laws to strict adherence and enforcement, thereby achieving the law's objectives [6].
民营经济促进法本月施行,民企吃下法治“定心丸”
Di Yi Cai Jing· 2025-05-05 12:53
回应了广大民营经济组织的市场期待,有利于更好地稳定民营企业家的发展预期。 《民营经济促进法》共9章78条,包括总则、公平竞争、投资融资促进、科技创新、规范经营、服务保 障、权益保护、法律责任和附则。 国家发展改革委民营经济发展局副局长刘民表示,《民营经济促进法》彰显了党和国家促进民营经济发 展壮大的鲜明立场和坚定决心,为民营经济高质量发展提供坚实的法治保障。 当前,民营经济在发展中面临新的机遇,也遇到不少困难和挑战。民营经济在市场准入、要素获取、服 务供给等方面还存在不少阻碍,民营企业自身创新发展能力也还存在一些薄弱环节。 刘民表示,外部环境更趋复杂严峻,《民营经济促进法》的颁布出台,对促进民营经济高质量发展具有 更为重要的意义,固根本、稳预期、利长远,推动各方努力以自身工作的确定性应对形势变化的不确定 性,以高质量发展的确定性应对外部环境急剧变化的不确定性。 备受市场关注的《中华人民共和国民营经济促进法》(下称《民营经济促进法》)4月30日经十四届全 国人大常委会第十五次会议表决通过,自今年5月20日起施行。 作为我国第一部专门关于民营经济发展的基础性法律,《民营经济促进法》回应了各方关切,将进一步 优化民 ...
中华人民共和国民营经济促进法
蓝色柳林财税室· 2025-05-02 01:00
Core Viewpoint - The law aims to optimize the development environment for the private economy, ensuring fair market competition and promoting the healthy growth of private enterprises, thereby playing a significant role in national economic and social development [1][2]. Chapter Summaries Chapter 1: General Principles - The law establishes a framework for the development of the private economy, emphasizing the importance of private enterprises in achieving high-quality development and modernization [2][3]. - It asserts the equal legal status and market opportunities for private economic organizations compared to other economic entities [3][4]. Chapter 2: Fair Competition - A unified negative list system for market access is implemented, allowing private economic organizations to enter fields outside the list [8][11]. - Governments are required to conduct fair competition reviews for policies affecting business activities and to ensure that private enterprises are treated equally in public resource transactions [11][12]. Chapter 3: Investment and Financing Promotion - The law supports private economic organizations in participating in national strategic projects and encourages investment in emerging industries [14][15]. - It mandates that financial institutions provide equal treatment to private enterprises in credit and financing services [20][22]. Chapter 4: Technological Innovation - The law encourages private economic organizations to engage in technological innovation and participate in national technology projects [21][22]. - It promotes collaboration between private enterprises and educational institutions for research and development [22][26]. Chapter 5: Standardized Operations - Private economic organizations are required to comply with various laws and regulations related to labor, safety, and environmental standards [28][29]. - The law emphasizes the importance of internal governance and risk management within private enterprises [30][31]. Chapter 6: Service Guarantee - Government agencies are tasked with establishing effective communication mechanisms with private enterprises to address their concerns [34][35]. - The law encourages the provision of public services to support entrepreneurship and job creation [36][37]. Chapter 7: Rights Protection - The law protects the legal rights of private economic organizations and their operators, ensuring that their personal and property rights are not infringed upon [42][43]. - It establishes mechanisms for addressing grievances and disputes involving private enterprises [41][46]. Chapter 8: Legal Responsibilities - Violations of the law can result in corrective actions and penalties for responsible individuals [53][54]. - The law outlines the responsibilities of government entities and large enterprises in ensuring timely payments to private economic organizations [67][68]. Chapter 9: Supplementary Provisions - The law defines private economic organizations and specifies its applicability to foreign investment regulations [56][57]. - The law will take effect on May 20, 2025 [58].
民营经济促进法全文公布,5月20日起施行
Core Points - The law aims to optimize the development environment for the private economy, ensuring fair market competition and promoting healthy growth of private enterprises [1][2] - The private economy is recognized as a vital component of the socialist market economy and a key driver for high-quality development in China [2][3] Chapter Summaries Chapter 1: General Principles - The law emphasizes the importance of the private economy in national economic and social development, adhering to the leadership of the Communist Party and the principles of socialism [1][2] - It supports the coexistence of various ownership forms and the decisive role of the market in resource allocation [1] Chapter 2: Fair Competition - A unified negative list system for market access is established, allowing private enterprises equal entry into various sectors [6] - Governments are required to implement fair competition reviews for policies affecting business operations [11][12] Chapter 3: Investment and Financing Promotion - The law supports private enterprises in participating in national strategic projects and encourages investment in emerging industries [9][10] - It promotes the development of a multi-level capital market to facilitate direct financing for qualified private enterprises [13] Chapter 4: Technological Innovation - The law encourages private enterprises to engage in technological innovation and participate in national technology projects [14][15] - It supports collaboration between private enterprises and educational institutions for technology transfer and innovation [16] Chapter 5: Standardized Operations - Private enterprises are required to comply with laws and regulations in various operational aspects, including labor, safety, and environmental standards [17][18] - The law promotes the establishment of internal governance structures and encourages compliance with legal and ethical standards [18] Chapter 6: Service Guarantee - Government agencies are mandated to provide efficient services to private enterprises, ensuring timely responses to their needs [20][21] - The law emphasizes the importance of transparent communication between government and private enterprises [21] Chapter 7: Rights Protection - The law protects the legal rights of private enterprises and their operators, including personal and property rights [26][27] - It establishes mechanisms for addressing grievances and disputes involving private enterprises [25][26] Chapter 8: Legal Responsibilities - Violations of the law can result in corrective actions and penalties for responsible parties [71][72] - The law outlines the responsibilities of government entities in ensuring compliance and protecting the rights of private enterprises [73][74] Chapter 9: Supplementary Provisions - The law defines private economic organizations and their applicability to foreign investment regulations [34][35] - It will take effect on May 20, 2025 [36]
《民营经济促进法》如何破除市场壁垒?怎样为民营企业保驾护航?解读→
Yang Shi Wang· 2025-04-30 09:10
Core Viewpoint - The "Private Economy Promotion Law" was passed by the National People's Congress, marking a significant step in establishing the legal status of the private economy in China, set to take effect on May 20, 2025 [1][3][9] Group 1: Legislative Framework - The law is the first to explicitly incorporate the principle of "two unwavering" regarding the support of both public and non-public economies into legislation [3][9] - It consists of 9 chapters and 78 articles, emphasizing the importance of the private economy as a vital component of the socialist market economy [9] - The law aims to integrate the legal framework supporting private economic development into the socialist legal system with Chinese characteristics [8] Group 2: Fair Competition and Market Access - The law enhances the mechanisms for fair market access for private economic organizations, ensuring they can participate equally in market competition [11] - It establishes a negative list for market access, allowing various economic organizations, including private ones, to enter fields not listed [14] - Provisions are made to prevent monopolistic and unfair competition practices, ensuring a conducive market environment for private enterprises [13] Group 3: Support for Innovation - The law explicitly supports private economic organizations in technological innovation and protects their original innovations [15] - It encourages collaboration between private enterprises and research institutions, promoting technology transfer and integration of industry and academia [17] - Strengthened intellectual property protection measures are included, such as punitive damages for infringement [17] Group 4: Rights Protection and Service Assurance - The law establishes effective communication mechanisms between government and enterprises, ensuring timely responses to the concerns of private economic organizations [18] - It emphasizes the legal protection of the personal rights, property rights, and operational autonomy of private economic organizations and their operators [18] - Provisions are made to curb arbitrary charges and fines, ensuring a fair administrative environment for private enterprises [18][23] Group 5: Regulation of Law Enforcement - The law prohibits the use of criminal measures to interfere in economic disputes, ensuring a clear distinction between economic disputes and crimes [21][19] - It mandates the establishment of a cooperative system for cross-regional law enforcement to prevent abuse of power for economic interests [22] - It holds government entities accountable for failing to fulfill contractual obligations to private economic organizations, with provisions for compensation in case of losses [23]
壹快评丨期待民营经济促进法充分发挥基础性作用
Di Yi Cai Jing· 2025-04-30 07:29
Core Points - The newly passed Private Economy Promotion Law is significant as it is the first foundational law aimed at promoting the healthy development of the private economy in China, set to take effect on May 20 this year [1][2] - The law consists of 9 chapters and 78 articles, focusing on fair competition, investment financing, technological innovation, and the protection of rights and interests of private enterprises [1][2] Group 1 - The law aims to optimize the development environment for private enterprises, ensuring fair market participation and promoting the growth of private economic entities [1][2] - It incorporates principles that emphasize the importance of both public and non-public ownership, marking a shift in legal recognition of private economic contributions [2] - The law includes specific measures to support investment and technological innovation, addressing key challenges faced by private enterprises [2] Group 2 - The law establishes a fair competition review mechanism and a negative list system to ensure that private enterprises can compete on equal footing with state-owned enterprises [2] - It outlines clear guidelines for the protection of rights, including the differentiation between economic disputes and crimes, and mandates timely payment of debts owed to private enterprises by state entities [2] - The implementation of the law will require coordinated efforts to develop supporting regulations and ensure effective enforcement, highlighting the need for a comprehensive legal framework [3]
民营经济促进法出台,落地见效不容懈怠
Nan Fang Du Shi Bao· 2025-04-30 04:00
Core Points - The "Private Economy Promotion Law" is the first foundational law specifically aimed at the development of the private economy in China, set to take effect on May 20, 2025, and includes multiple chapters on fair competition, investment financing promotion, service guarantees, and rights protection [2][3] - The law reflects the government's commitment to fostering a favorable environment for the private economy and is a legal embodiment of various reforms and policies aimed at enhancing the private sector's role in the economy [2][3] - The law emphasizes the principle of equal treatment in the market economy, ensuring that private economic organizations have equal legal status, market opportunities, and development rights compared to other economic entities [3][4] Fair Competition and Investment Promotion - The law includes specific provisions for fair competition and investment financing, aiming to address issues such as market entry barriers and the exclusion of private economic organizations [3][4] - It establishes a framework for regular reviews of market access barriers and prohibits practices that restrict or exclude private enterprises [3] Rights Protection - The law outlines clear regulations regarding the protection of rights, including the lawful execution of measures that restrict personal freedom and the prohibition of illegal interventions in economic disputes [4][5] - Recent procedural refinements by various legal departments, including the Supreme Court and the Ministry of Public Security, are expected to facilitate the implementation of the law [5] Legal Framework and Implementation - The law serves as a reminder of the importance of legal frameworks in regulating public power and ensuring equal treatment for private enterprises within the legal order [4][5] - Effective implementation of the law requires systemic support and the establishment of clear responsibilities and constraints on enforcement powers [5]
贵州省市场监管局倡议规范白酒销售行为,不搞“内卷式”竞争
news flash· 2025-04-29 08:23
金十数据4月29日讯,4月29日,贵州省市场监督管理局发布关于规范白酒销售行为的倡议。当前,贵州 白酒产业面临诸多新情况、新形势、新要求、新挑战,为共同守护酱香型白酒原产地、主产区声誉,倾 力打造公平竞争的市场环境和安全放心的消费环境,贵州省市场监督管理局向全省白酒经营主体发出如 下倡议:规范设计制作行为,不使用涉党涉政涉军语言,不使用"特供""专供""内供"包材;规范市场竞 争行为,不搞"内卷式"竞争,不侵犯他人知识产权、侵害消费者合法权益等。 贵州省市场监管局倡议规范白酒销售行为,不搞"内卷式"竞争 ...
一财社论:公平竞争和权益保护一个都不能少,民营经济促进法呼之欲出
Di Yi Cai Jing· 2025-04-28 12:32
加强对民营企业和企业家各项权益的保护充分鼓励其信心和挖掘发展潜力。 随着民营经济促进法(草案)(下称"草案")提交全国人大常委会三审,这部法律草案已经进入最后审 议阶段。党和国家及社会各界都对我国首部促进民营经济发展的基础性法律寄予厚望。 根据国家发改委党组4月25日在人民日报上发表的文章,2024年我国登记注册的民营企业数量达到 5650.4万户,占企业总量的92.3%,对进出口和税收的贡献达到五成以上,对城镇就业的贡献达到八成 以上。同时,我国拥有一大批坚韧不拔、勤奋工作、富有创造力的企业家和产业工人,是促进民营经济 高质量发展的坚实力量。 4月27日召开的十四届全国人大常委会第十五次会议第一次全体会议,听取了全国人大宪法和法律委员 会主任委员信春鹰作的关于草案审议结果的报告。草案三审稿进一步充实支持民营经济发展相关举措, 进一步规范执法行为,加强劳动者合法权益保护,优化民营经济健康发展、高质量发展的法治环境。 此前提交全国人大常委会审议的草案二审稿中,根据反馈的多方意见,增加了不得实施没有法律、法规 依据的罚款,不得向民营经济组织摊派财物等内容。同时,草案二审稿还增加规定,国务院和县级以上 地方人民政府 ...
工信部党组书记会见德国汽车工业协会主席希尔德加德·穆勒
news flash· 2025-04-27 10:54
希尔德加德·穆勒表示,德国汽车工业协会始终倡导自由贸易,呼吁公平竞争,重视国际合作,期待与 中方伙伴携手,推动两国汽车产业协同发展和技术创新,推动中德汽车产业合作不断取得新成效。 李乐成对德国汽车工业协会在促进两国汽车产业合作和发展方面所发挥的积极作用表示赞赏。李乐成表 示,中德是全方位战略伙伴,德国汽车工业协会助力德国企业深耕中国市场,在新能源汽车、智能网联 汽车等领域开展了形式多样的合作。希望双方继续发挥各自优势、深挖合作潜力,共同促进汽车产业转 型升级和高质量发展。中方将为外资企业在中国发展营造市场化、法治化、国际化一流营商环境。 4月27日,工业和信息化部党组书记李乐成在北京会见德国汽车工业协会主席希尔德加德·穆勒,双方就 深化中德汽车产业合作进行了交流。 ...