Core Viewpoint - The Ministry of Justice emphasizes the importance of gathering diverse opinions to address the challenges faced by the private economy in the legislative process, focusing on key areas such as fair competition, investment and financing, technological innovation, operational service guarantees, and rights protection [1] Group 1: Legislative Focus - The drafting of the Private Economy Promotion Law is characterized by an open legislative approach, encouraging broad participation and input from various stakeholders [1] - Key issues identified for legislative attention include fair competition, investment and financing, and the promotion of technological innovation [1] Group 2: Stakeholder Engagement - The working group has engaged in extensive discussions to refine the focus areas of the legislation, ensuring that it addresses the most pressing challenges faced by the private sector [1] - The approach aims to consolidate wisdom from multiple sectors to create effective legal measures that support the development of the private economy [1]

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]

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 ...