江苏如皋某民营造船企业船舶建造现场。 吴树建摄 如何破除"壁垒"，保障公平竞争？ 把党和国家对民营经济平等对待、平等保护的要求用法律制度落实下来 "立法把党和国家对民营经济平等对待、平等保护的要求用法律制度落实下来，保障各类经济组织享有 平等的法律地位、市场机会和发展权利。"全国人大常委会法工委经济法室主任杨合庆说。 核电领域关系国民经济命脉和能源安全，投资运营门槛较高，一直以来核电项目主要由中央企业投资和 运营。去年8月，国务院常务会议决定核准江苏徐圩一期工程等5个核电项目，总投资2400多亿元，都有 民营企业参与投资。 位于广东的陆丰核电站1、2号机组，民营企业久立集团股份有限公司投资占比5%。"作为核电材料供应 商，过去一直希望参与核电项目投资。"久立集团有关负责人感慨，能够有机会以较高股比参股，确实 感受到了国家支持民间资本的决心。 如何进一步优化营商环境？ 既鼓励支持民营经济发展，又注重加强规范引导 "民营经济促进法围绕营商环境优化构建系统性治理框架，在规范市场行为、优化投融资环境、推动科 技创新、强化服务保障等方面都有规定。"黄永维表示。 黄永维说，为推动政府从"管理者"向"服务者"转型，立法推动 ...

Core Viewpoint - The private economy is a vital force in advancing Chinese-style modernization and is an important foundation for high-quality development. This year, various regions and departments have implemented practical measures to support the private economy, enhancing the confidence and vitality of private enterprises [1]. Legal Framework - The "Private Economy Promotion Law" will officially take effect on May 20, marking the first foundational law specifically for the development of the private economy in China. This law aims to address prominent issues faced by the private economy and implement major policies and measures from the central government [2][4]. - The law emphasizes the importance of both public and private economic sectors, clearly defining the legal status of the private economy and establishing the promotion of its sustainable, healthy, and high-quality development as a long-term national policy [4]. Investment and Innovation - The law includes provisions focused on investment financing and technological innovation, which are crucial for private enterprises. It aims to address development bottlenecks for technology-driven private companies by promoting investment and supporting innovation [6][10]. - The law responds to key concerns of private enterprises, including fair competition, investment promotion, and protection of rights, thereby fostering a conducive environment for business growth [8]. Government Support and Services - Since the beginning of the year, various policies have been deployed at both central and local levels to promote high-quality development of the private economy. Initiatives like the "Assist Enterprises Action" in Inner Mongolia focus on improving approval efficiency, addressing financing challenges, and providing technological support [11]. - Innovative service models, such as "credit + remote inspection," have been introduced to enhance administrative efficiency and optimize the business environment, allowing enterprises to complete necessary procedures without physical presence [13]. Challenges and Opportunities - The private economy faces new opportunities as well as challenges, particularly regarding land, talent, and funding constraints. Various departments are taking actions to promote stable and healthy development in the capital market, particularly for small and micro enterprises [15][19]. - The future of the private economy is seen as promising, with local and national efforts aimed at enhancing support for private enterprises, indicating a strong potential for growth and development [19][21].

Core Viewpoint - The World Bank's recent survey of 2,189 Chinese enterprises indicates that China excels in 12 out of 59 business environment assessment points, particularly in electronic payments, electricity access, and skills training, with Shanghai outperforming national and eastern regional averages in most metrics [2][3]. Group 1: Business Environment Assessment - The new World Bank business environment assessment framework, "Business Ready," incorporates enterprise surveys for the first time, contributing approximately 27% to the overall evaluation score [3]. - Shanghai enterprises reported zero instances of power outages and downtime, indicating a world-leading level of electricity supply reliability [4]. - Shanghai's electronic payment costs are reported as zero, showcasing the city's advanced financial service accessibility [4]. Group 2: Regulatory Framework and Public Services - Shanghai has implemented an 8.0 version of its action plan to optimize the business environment, focusing on "enterprise experience" and aligning with World Bank standards across ten areas, including market access and financial services [5]. - The satisfaction score for Shanghai enterprises regarding changing internet service providers is 96.2, reflecting the city's competitive public service infrastructure [6]. Group 3: Competition and Market Regulation - Shanghai's commitment to antitrust and fair competition laws has led to significant enforcement actions against market dominance and administrative monopolies, enhancing the competitive landscape [6][7]. - The city has removed over 100 local standards that hinder the establishment of a unified market, with initiatives in the Pudong New Area serving as a model for fair competition review [7]. Group 4: Future Directions - Shanghai plans to introduce ten key initiatives to further enhance the business environment, focusing on improving enterprise experiences and supporting high-quality economic development [7].

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].

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 ...

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].

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]

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]

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]

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]