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表决通过市民营经济促进条例等 市人大常委会会议闭会
Jie Fang Ri Bao· 2025-09-26 01:37
Group 1 - The Shanghai Municipal People's Congress passed six regulations, including the "Regulations on Promoting the Private Economy" and the revised "Regulations on the China (Shanghai) Pilot Free Trade Zone" [1] - The Private Economy Promotion Regulations aim to enhance fair competition, stimulate investment, address financing challenges, improve technological innovation capabilities, and support enterprises in expanding internationally [1] - The revised Free Trade Zone regulations introduce new chapters on technological innovation, talent development, full industry chain innovation, digital economy development, and border management, providing legal support for Shanghai's reform and opening-up [1] Group 2 - The meeting also approved several local regulations, including the "Regulations on Legal Aid in Shanghai" and the "Water Conservation Regulations in Shanghai" [1] - The focus of legislative supervision will be on optimizing the business environment, protecting intellectual property rights, and managing urban waste [2] - Personnel changes were made, including the removal of several officials from key positions and the appointment of a new chief prosecutor for the Fengxian District People's Procuratorate [3]
市人大常委会会议召开 黄莉新主持全体会议
Jie Fang Ri Bao· 2025-09-24 02:04
Group 1 - The Shanghai Municipal People's Congress is reviewing multiple legislative proposals aimed at optimizing the business environment and enhancing public safety regulations [1][2] - The proposed amendments to the "Shanghai Municipal Optimization of Business Environment Regulations" are the fourth revision since its initial passage in 2020, aligning with the latest requirements from central and municipal authorities [2] - The new gas regulations are significant for building a resilient city, focusing on planning, operational standards, gas management, and facility protection [2] Group 2 - The meeting also reviewed the "Shanghai Municipal Private Economy Promotion Regulations" and other local laws, indicating a comprehensive approach to legislative updates [3] - Reports on the balanced distribution of medical resources and the city's work on overseas Chinese affairs were presented, highlighting ongoing governmental initiatives [3][4] - The meeting included personnel appointments and dismissals, reflecting administrative changes within the municipal government [3][4]
市人大常委会会议下周举行 黄莉新主持主任会议 听取相关报告等
Jie Fang Ri Bao· 2025-09-18 01:40
Group 1 - The Shanghai Municipal People's Congress Standing Committee held its 51st director meeting, deciding to hold the 24th meeting from September 23 to 25 [1] - The meeting reviewed several legislative drafts including the "Shanghai Private Economy Promotion Regulations (Draft)" and the "Shanghai Food Safety Regulations Amendment (Draft)" among others, which will be further discussed in the upcoming meeting [1] - Reports on the balanced layout of medical resources, the promotion of farmers' income, and women's rights protection were presented, with decisions to submit these reports for review at the 24th meeting [2] Group 2 - The meeting also included discussions on the construction of the "Five New Cities" and the "North-South Transformation" development work, with reports to be discussed in the upcoming meeting [2] - Personnel appointment proposals were presented and will be submitted for review and voting at the 24th meeting [2] - Other matters were also discussed during the meeting [2]
规范涉企执法司法,给民营经济发展吃下"定心丸"
Ren Min Wang· 2025-09-18 00:53
Core Viewpoint - The private economy is a vital force in advancing Chinese-style modernization, and regulating enterprise-related law enforcement and judicial actions is crucial for protecting the rights of private enterprises and boosting market confidence [1][10]. Group 1: Regulatory Actions and Legal Cases - On September 17, the Supreme People's Court and the Ministry of Justice jointly released 10 typical cases aimed at standardizing enterprise-related law enforcement and judicial review, covering various administrative management areas such as administrative licensing and penalties [1][10]. - A case involving 103 companies in Jiangsu Province highlighted the importance of ensuring that administrative decisions do not violate procedural laws, leading to the annulment of a decision that revoked building qualifications due to "major procedural violations" [2][3]. - Another case from Heilongjiang Province addressed the issue of administrative bodies unlawfully adding conditions, emphasizing the principle that "no action without authorization" must be adhered to by administrative enforcement agencies [3][4]. Group 2: Principles of Fair Enforcement - The principle of proportionality in penalties was exemplified in a case involving a traditional Chinese medicine clinic, where the administrative review body reduced penalties based on the clinic's status as a first-time offender and its proactive rectification efforts [4][5]. - A construction company case in Sichuan Province illustrated the necessity of reasonable enforcement actions, where the administrative body was found to have overstepped by equating registration behavior with collusion in bidding, leading to the annulment of the penalty [5][6]. Group 3: Commitment to Promises and Compensation - A landmark case involving a real estate company in Henan Province established that administrative bodies must honor their commitments, resulting in a ruling that mandated the government to pay over 8.41 million yuan in compensation for unfulfilled promises [6][7]. - The case involving a public transport group in Jilin Province reinforced the requirement for administrative bodies to fulfill contractual obligations, with the court ordering the government to continue fulfilling its agreement or face compensation [8][9]. Group 4: Overall Impact and Future Directions - The series of cases collectively signal a strong commitment to supervising administrative bodies to ensure lawful conduct and adherence to promises, aiming to create a stable, fair, and transparent legal environment for private enterprises [10][11]. - The ongoing efforts by courts and administrative review bodies will focus on deepening the regulation of enterprise-related law enforcement and promoting substantive resolutions to administrative disputes, thereby supporting the healthy development of the private economy [10][11].
最高人民法院、司法部联合发布规范涉企执法司法行政复议、行政诉讼典型案例
Yang Shi Wang· 2025-09-17 02:30
Core Viewpoint - The Supreme People's Court and the Ministry of Justice have selected and published 10 typical cases of administrative review and litigation to promote the implementation of the Private Economy Promotion Law and enhance the protection of private enterprises' rights and interests [1][2][3] Group 1: Administrative Review Cases - Case 1: 103 companies challenged the withdrawal of construction qualifications by a housing and urban-rural development department in Jiangsu Province, arguing that their rights to be informed and to defend themselves were not adequately protected [5][6] - Case 2: A development company contested the collection of a penalty by a natural resources and planning bureau in Zhejiang Province, emphasizing that supervision should be conducted on a per-lot basis [9][10] - Case 3: A traditional Chinese medicine clinic disputed an administrative penalty imposed by a market supervision bureau in Shanghai, claiming the punishment was excessive compared to the violations [13][14] - Case 4: A real estate company filed a review against a housing and urban-rural development bureau in Heilongjiang Province for failing to perform statutory duties regarding project completion verification [17][18] - Case 5: A construction company opposed an administrative penalty from a city management bureau in Sichuan Province, arguing that the determination of collusion in bidding should be based on comprehensive judgment [20][21] Group 2: Administrative Agreements and Compensation - Case 6: A real estate company sought compensation from a municipal government for unfulfilled promises regarding land compensation, resulting in a court ruling that mandated the government to pay over 8.41 million yuan [24][26] - Case 7: A passenger transport group sued a municipal government for not fulfilling an administrative agreement related to the transformation of intercity bus services, leading to a court ruling that required the government to comply with the agreement [28][30] - Case 8: An investment company challenged a police bureau's refusal to issue a special industry license, arguing that the bureau's regulations violated higher laws [33][34] - Case 9: A machinery company sought to enforce a meeting record regarding capacity replacement, resulting in a court ruling that emphasized the protection of trust interests in administrative actions [36][39] - Case 10: A mining company requested compensation from a county government due to the overlap of its mining rights with a newly designated water source protection area, leading to a court ruling for compensation of over 5.83 million yuan [40][42]
郭冠男:把改革动能转化为高质量发展效能
Jing Ji Ri Bao· 2025-08-29 00:09
Group 1 - China's modernization is continuously promoted through reform and opening up, providing a broad prospect for future development [1] - The number of private economic organizations in China reached 185 million by May 2025, accounting for 96.76% of total business entities, indicating a thriving private sector [2] - China's global innovation index ranking improved from 34th in 2012 to 11th in 2024, showcasing significant advancements in technology and innovation capabilities [2] Group 2 - The government aims to deepen reforms and transform reform momentum into strong driving forces for high-quality development [3] - Key reform measures include promoting a unified national market, enhancing state-owned enterprise reforms, and expanding self-initiated and unilateral openings [3] - The government emphasizes the importance of public participation in reforms, particularly in education, healthcare, and social security sectors, to ensure reforms meet the needs of the populace [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]
重磅来了,最高法发文!
Zhong Guo Ji Jin Bao· 2025-08-08 02:57
Core Viewpoint - The Supreme People's Court has issued guiding opinions to implement the Private Economy Promotion Law, aiming to address challenges faced by the private sector and provide stronger legal support for its healthy development [1] Summary by Relevant Categories Overall Requirements - The guiding opinions outline five key areas: overall requirements, equal legal treatment, encouraging lawful and standardized operations, strict and fair judicial practices, and improving the judicial system [1] Equal Treatment - Emphasis on the principle of equal treatment under the law for private enterprises, ensuring that they are not discriminated against in legal proceedings [1] Encouragement of Lawful Operations - The guidelines encourage private enterprises to operate within the law and adhere to regulations, promoting a culture of compliance [1] Judicial Fairness - The document stresses the importance of strict and impartial judicial practices to protect the rights and interests of private enterprises [1] Judicial System Improvement - Proposals for enhancing the judicial system to better support the private economy, including 25 specific measures aimed at resolving existing issues [1]
最高法:完善国际条约和惯例准确适用机制 健全仲裁裁决、民商事判决跨境承认和执行机制
Mei Ri Jing Ji Xin Wen· 2025-08-08 02:17
Core Viewpoint - The Supreme People's Court has issued guidelines to enhance the effectiveness of foreign-related trials, aiming to support the private economy in China by improving legal mechanisms for cross-border disputes [1] Group 1: Enhancements in Foreign-Related Trials - The guidelines emphasize the need to improve the efficiency of cross-border litigation and expedite the revision of judicial interpretations related to foreign-related civil procedures [1] - A specialized system for identifying foreign laws will be established to facilitate better legal understanding and application [1] - A fast-track mechanism for small foreign-related disputes will be explored to minimize the impact of litigation on small and medium-sized private enterprises [1] Group 2: Legal Framework and Support - The guidelines aim to refine the application of international treaties and practices, ensuring the effective recognition and enforcement of arbitration awards and civil judgments across borders [1] - There will be an enhancement in judicial assistance to improve the quality and efficiency of handling cases, thereby helping private enterprises protect their legal rights overseas [1]
自贸区条例十多年来首次修改 市人大常委会会议召开 还审议民营经济促进条例草案等
Jie Fang Ri Bao· 2025-07-30 02:03
Group 1 - The Shanghai Municipal People's Congress is holding its 23rd meeting, focusing on the draft regulations for promoting the private economy and revising the Free Trade Zone regulations [1] - The draft regulation for promoting the private economy aims to implement the Private Economy Promotion Law, emphasizing equal treatment, fair competition, and protection of rights, with specific provisions for investment promotion, financing services, and technological innovation [1] - The revision of the Free Trade Zone regulations is the first amendment in over a decade, aligning with the national strategy to enhance Free Trade Zones, and introduces new chapters on innovation, talent, digital economy, and border management [1] Group 2 - The meeting also reviewed the draft regulations on food security, technological innovation collaboration in the Yangtze River Delta, legal aid, food safety, ecological civilization, water conservation, and elderly rights protection [2] - Personnel appointments and qualifications of representatives were discussed and approved during the meeting [2] - Key officials from various government departments and representatives attended the meeting, indicating a collaborative approach to legislative processes [2]