法治化营商环境

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长三角破产管理人协会会长圆桌会议举行 促进区域协同发展
Zhong Guo Xin Wen Wang· 2025-08-18 15:37
Core Viewpoint - The third Yangtze River Delta Bankruptcy Administrator Association Roundtable Meeting was held in Hangzhou, focusing on optimizing the professional environment for bankruptcy administrators and addressing common industry issues [1][3]. Group 1: Meeting Overview - The meeting was attended by over 80 representatives from the Yangtze River Delta region, including industry representatives, judges, and scholars [1]. - The event aimed to discuss the critical role of bankruptcy systems in enhancing the business environment and legal construction [1]. Group 2: Key Discussions - The discussion on "Improvement of Basic Systems for Administrators" highlighted that the classification of administrators as "state workers" lacks sufficient legal basis [2]. - The topic of "Modification of Administrator Compensation System" identified five major issues, including the relationship between public and private interests, and suggested a combination of time-based and value-based compensation to enhance efficiency [2]. - Regarding "Administrator Liability Disputes," it was emphasized that such disputes should primarily be under the jurisdiction of the bankruptcy acceptance court, with recommendations for careful handling of asset preservation applications against intermediary institutions [2]. Group 3: Future Directions - The meeting marked a significant step towards deeper collaboration among the four regional associations, with plans to continue contributing to the optimization of the business environment and the construction of bankruptcy law in China [3].
宁夏银川出台涉企行政检查“白名单”制度
Zhong Guo Xin Wen Wang· 2025-08-12 17:12
Group 1 - Yinchuan City has introduced a "white list" system for administrative inspections related to enterprises, aiming to create a law-based business environment that benefits compliant companies and reduces burdens on them [1][2] - A total of 872 business entities have applied to enter the "white list," with only 112 high-credit enterprises selected for the first batch after a comprehensive evaluation by over 40 departments [1] - The city has developed a list of 221 items for inspection exemptions and frequency reductions, with 35 items at the municipal level and 186 items at the county level, allowing "white list" companies to focus more on daily operations [2] Group 2 - The "white list" system will implement dynamic management, allowing for regular openings for compliant enterprises to apply and a monitoring mechanism to remove non-compliant companies [2] - Non现场监管 methods, such as online monitoring and video inspections, will be employed to reduce the frequency of on-site checks, promoting a "non-intrusive" management approach [2]
中国最高法发布案例 规范涉企行政强制
Zhong Guo Xin Wen Wang· 2025-08-12 05:56
中新社北京8月12日电 中国最高人民法院12日发布第一批涉企行政强制典型案例,旨在规范涉企行 政强制,优化法治化营商环境。 此次发布的5个涉企行政强制典型案例,包含2个行政强制措施、2个行政强制执行和1个非诉行政强 制案例。案例涉及种类多样,既包括查封设施、扣押财物等行政强制措施,也包括行政强制执行、申请 人民法院强制执行等。 在"某新能源公司、包某诉浙江省温州市鹿城区市场监督管理局扣押财物及行政赔偿案"中,法院一 审判决确认扣押行为违法并判令区市监局赔偿包某船期损失24万元人民币。 在"某绿化有限责任公司诉辽宁省锦州市太和区人民政府强制拆除房屋案"中,法院结合司法解释规 定和在案证据,确定了区政府系适格被告并判决确认其行为违法,避免企业因维权无门而陷入经营困 境。 最高法相关负责人称,今年3月以来,规范涉企行政执法专项行动在全国范围内全面推开。最高法 要求各地法院加大对涉企市场准入、行政许可、行政处罚、行政强制和行政赔偿等重点领域行政案件的 司法审查力度。 最高法相关负责人称,案例发布集中体现了法院通过监督、纠正违法行政强制行为,依法保护市场 主体财产权和其他合法权益的坚强决心,有利于强化规范指导,进一步防 ...
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]
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].
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]
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
转自:草原云 =半年全区政府采购规模突破227亿元 2 21 21 服务! 短评 尖能力达到同类实验室国际领先水平 上半年实现社零总额568.8亿元,同比增长8.9% 呼和浩特市消费政策组合拳交出亮眼成 内蒙古10家银行助力退役军人创 一 成果 获 评 中 国 学会地质找矿重大成果 走进鄂尔多斯杭锦经济开发区独贵塔拉产业园,只见一派忙碌的生产加工景象,企业车间里机器轰鸣, 工人们在生产线前熟练地操作着机器。 上半年实现国内游客总花费220.96亿元,同比增长11.88% 呼伦贝尔释放生态红利做强"美丽经济 加快落实"五大任务"推动高质量发展 在该经济开发区公共法律服务中心"无人律所"终端设备前,一家企业的项目负责人正通过高清视频与值 班律师连线:"我们公司有个跨境合同条款不太明确,现在急需专业意见。"不到20分钟,一份清晰的法 律风险提示与修改建议便传送过来。 今年以来,杭锦旗委政法委充分整合全旗政法力量,聚焦企业法治需求,积极探索优化法治化营商环境 新路径,通过"线下+线上"双轮驱动服务模式,持续为入园企业提供高质量的法治服务。 高质量发展离不开一流法治化营商环境。连日来,记者深入内蒙古自治区政法机关、企业 ...