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民营经济促进法公布三个月 多地启动配套地方性法规立修工作
Di Yi Cai Jing· 2025-07-30 14:22
7月28日,《江苏省民营经济促进条例(草案)》与《福建省民营经济促进条例(草案)》)同日提交 省人大常委会会议进行审议。河南省、山东省在此前起草公布了草案,目前《河南省民营经济促进条例 (草案征求意见稿)》与《山东省民营经济促进条例(草案征求意见稿)》正面向社会公开征求意见。 珠海经济特区则启动了对2016年起施行的《珠海经济特区民营经济促进条例》的修订工作。此外,陕西 省、安徽省、天津市等多省市都已开展相关的立法调研与研讨工作。 贯彻"公平竞争"原则 自民营经济促进法(下称"民促法")公布实施以来,江苏省、河南省、山东省、福建省、珠海经济特区 等多地正推进配套地方性法规的立法或修法工作。 第一财经记者注意到,已公布的地方性法规基本贯彻了民促法这一上位法的主要精神原则。民促法 对"平等对待""公平竞争"原则的强调,以及为"公平竞争"设立的专章内容,包括实行全国统一的市场准 入负面清单制度、落实公平竞争审查制度、保障各类生产要素和公共服务资源依法平等使用等,被地方 性法规草案重申或强调。 山东省曾于2021年出台《山东省民营经济发展促进条例》,此次新启动《山东省民营经济促进条例》的 立法工作,为"立新废旧"。已 ...
民营经济促进法公布三个月,多地启动配套地方性法规立修工作
Di Yi Cai Jing· 2025-07-30 10:52
地方性法规将贯彻上位法精神,并力图发挥地方立法的补充、细化和创新功能 考虑到地方性法规实施性、补充性、探索性的功能定位,上述条例草案中对上位法规定比较原则的内容 进行了细化补充,力图增强可实施性,这也是地方立法的一个重点。 贯彻"公平竞争"原则 第一财经记者注意到,已公布的地方性法规基本贯彻了民促法这一上位法的主要精神原则。民促法 对"平等对待""公平竞争"原则的强调,以及为"公平竞争"设立的专章内容,包括实行全国统一的市场准 入负面清单制度、落实公平竞争审查制度、保障各类生产要素和公共服务资源依法平等使用等,被地方 性法规草案重申或强调。 山东省曾于2021年出台《山东省民营经济发展促进条例》,此次新启动《山东省民营经济促进条例》的 立法工作,为"立新废旧"。已公布的草案征求意见稿为"公平竞争"设立了专章,在平等准入、公平竞争 审查、平等对待、招标投标及政府采购、融资服务平等、反垄断反不正当竞争等方面作出具体规定。 珠海经济特区在修订现行条例时,调整了章节结构,新增"公平竞争"专章,对落实公平竞争审查制度、 定期清理市场准入壁垒、禁止在招标投标和政府采购中限制或者排斥民营经济组织等作出规定。 福建条例草案也 ...
“民营经济促进法与民营企业平等保护路径优化”研讨会召开
Zhong Guo Fa Zhan Wang· 2025-07-29 08:31
Core Points - The forum focused on optimizing the legal protection paths for private enterprises in China, emphasizing the implementation of the Private Economy Promotion Law [1] - The Private Economy Promotion Law, effective from May 20, 2023, is China's first foundational law regarding the development of the private economy, reflecting the country's commitment to legal construction in this sector [1][2] - The law incorporates the principle of "two unwavering" to affirm the importance of the private economy in China's market and modernization efforts [2] Group 1 - The law aims to ensure equal treatment, fair competition, and protection for private enterprises, which is expected to invigorate the private economy and encourage innovation [2] - Legal services are anticipated to see increased demand and quality improvements due to the implementation of the Private Economy Promotion Law [2] - The law includes provisions for a credit repair system, emphasizing the importance of trust and credit in the private economy [3] Group 2 - There is a need for further legislative coordination and judicial interpretations to enhance the effectiveness of the Private Economy Promotion Law [3] - Various legal experts and representatives participated in the forum, contributing insights on the law's implications and future developments [4]
依文集团董事长夏华:民营经济促进法既是肯定,更是方向
Zhong Guo Jing Ji Wang· 2025-07-28 07:30
Core Viewpoint - The implementation of the Private Economy Promotion Law on May 20 is seen as a significant affirmation and direction for the development of private enterprises in China, providing a solid legal foundation and clear policy guidance for future growth [1][3]. Legal Framework - The law establishes a negative list system for market access, allowing various market entities to compete fairly in broader fields [3]. - It encourages private enterprises to participate in national strategic initiatives and supports the development of strategic emerging industries, opening new growth avenues and financing channels [3]. - The law aims to enhance the property rights protection system, ensuring a secure environment for enterprise development [3]. Management and Compliance - The law promotes a dual mechanism of "constraint + guidance," urging private enterprises to establish modern management systems and transition from "rule by man" to "rule by law" [3]. - It emphasizes compliance management, requiring private enterprises to improve corporate governance structures and establish independent financial systems to prevent financial fraud [3]. - The law encourages digital transformation to enhance management efficiency and mandates government to create smooth feedback channels to address policy obstacles faced by enterprises [3]. Development Practices - The growth of the company, Yiweng Group, over 31 years is closely tied to supportive national policies, illustrating the resonance between private economy and government initiatives [4]. - The law's provisions for supporting small and medium-sized enterprises provide a legal basis for enhancing industry chain cooperation mechanisms [5]. - The law's emphasis on supporting technological innovation aligns with Yiweng Group's ongoing digital transformation efforts and exploration of new consumption scenarios [5]. Future Planning - Yiweng Group plans to establish a comprehensive compliance management system to ensure operations remain within legal frameworks [6]. - The company aims to strengthen internal risk prevention, focusing on data security and intellectual property protection [6]. - The law's support for innovation aligns with the company's development philosophy, prompting increased investment in innovation and further digital transformation of the supply chain [6]. - The establishment of a modern enterprise system is viewed as essential for sustainable development, with the law raising standards for compliance and governance [6].
汽车经销商求救不如自救
Group 1: Industry Overview - The automotive market in China has shown growth in 2023, with total sales exceeding 15 million units in the first half, representing a year-on-year increase of over 10% [3] - New energy vehicles (NEVs) have been a significant growth driver, with production and sales reaching approximately 6.968 million and 6.937 million units, respectively, marking year-on-year growth of 41.4% and 40.3% [3] - The export of vehicles also continued to rise, with a total of 3.083 million units exported, reflecting a year-on-year increase of 10.4%, and NEV exports reaching 1.06 million units, up 75.2% [3] Group 2: Challenges Faced by Dealers - Despite the increase in sales, automotive dealers are struggling with profitability, as highlighted by the example of Lantian Group, which reported a 20% increase in sales but a loss of 5 million yuan [2] - The automotive distribution sector is facing intensified competition, increased operational pressure, and declining profitability, leading to a challenging environment for dealers [3][4] - Approximately 80% of main sales models are experiencing price inversion, with a 20% price inversion ratio, contributing to high inventory levels among dealers [7] Group 3: Recommendations for Improvement - Industry experts suggest that dealers should shift from a price war strategy to a value creation approach, focusing on building partnerships with manufacturers and enhancing service offerings [4] - There is a call for the automotive industry to actively explore international markets, particularly in countries involved in the Belt and Road Initiative, to expand business opportunities [5] - The need for a healthy industry ecosystem is emphasized, advocating for collaboration between manufacturers and dealers to create a mutually beneficial environment [4] Group 4: Legislative Support - The implementation of the Private Economy Promotion Law is seen as a significant boost for the automotive industry, providing legal protection for private enterprises and enhancing their confidence [18] - The law aims to address financing challenges faced by small and medium-sized enterprises, promoting the development of tailored financing solutions [19] - It is expected that large automotive manufacturers will adhere to commitments to shorten supply chain payment terms and rebate cycles, alleviating pressure on dealers [19]
在中国式现代化进程中绘制新蓝图——对话清华大学中国发展规划研究院常务副院长董煜
Jing Ji Ri Bao· 2025-07-23 22:44
Group 1 - The core viewpoint of the articles emphasizes the importance of the upcoming "15th Five-Year Plan" in the context of China's economic stability and growth, particularly in light of recent challenges and the need for strategic planning [1][8][10] - The "Four Stabilizations" policy framework focuses on stabilizing employment, enterprises, markets, and expectations as a response to economic pressures, particularly from external factors [3][4][5] - The "2+2+1" policy structure under the "Four Stabilizations" aims to implement short-term measures and medium to long-term policies to support economic recovery and growth [3][6] Group 2 - The significance of the Five-Year Plans in China's development history is highlighted, showcasing their role in guiding economic and social progress since the establishment of the People's Republic of China [8][9] - The upcoming "15th Five-Year Plan" is expected to prioritize domestic demand and consumer market expansion to mitigate external risks, reflecting a shift in focus towards a more consumption-driven economy [10][11] - The plan will also emphasize the development of new quality productivity, aiming to enhance innovation and competitiveness across various industries, including emerging and traditional sectors [15][16][17] Group 3 - The articles discuss the need for a robust legal environment to support the private economy, particularly through the recently introduced Private Economy Promotion Law, which aims to stabilize market expectations and protect entrepreneurs' rights [24][25] - The importance of aligning public service improvements with technological advancements, such as AI, to enhance the quality of life for citizens is also noted [22][23] - The implementation of major engineering projects within the Five-Year Plans is seen as a critical mechanism for driving economic growth and attracting investment [19][20]
容错纠错机制再升级,朝阳区市场监管局推265项免罚清单
Xin Jing Bao· 2025-07-18 04:49
Core Points - The Chaoyang District Market Supervision Administration has released a new list of service-oriented law enforcement items, which includes 265 penalty-exempt items, aiming to provide more inclusive and precise law enforcement services while maintaining strict regulation [1] - Since the implementation of the error-correction mechanism in 2019, over 3,900 administrative penalty cases have been applied under this policy, resulting in a penalty reduction amounting to 180 million yuan, effectively lowering the operational burden on enterprises [1] - The new list expands the scope of error-correction, particularly in 14 market supervision areas such as food, medicine, and certification, and allows for a minimum penalty reduction of 5%, balancing enforcement strength with a more humane approach [1] Implementation and Standards - The accompanying implementation opinions clarify key criteria for determining "minor harm consequences" and "timely correction," and provide detailed considerations for non-penalty in 11 common law enforcement areas, ensuring uniformity in discretion and preventing inconsistent penalties for similar cases [2] - The new list aligns with the recently enacted Private Economy Promotion Law, emphasizing regulatory guidance, service optimization, and enhanced rights protection, thereby improving the development environment for private enterprises [1][2]
《民营经济促进法》引领民企涉外法治新局面
Xin Hua Ri Bao· 2025-07-15 22:08
Group 1 - The core viewpoint of the article emphasizes that China's private enterprises are accelerating their international expansion through high-tech products like electric vehicles and industrial robots, supported by the newly enacted Private Economy Promotion Law [1][3][8] - The Private Economy Promotion Law aims to enhance the international competitiveness of private enterprises, alleviate legal pressures related to foreign affairs, and foster new productive forces [3][4] Group 2 - Chinese private enterprises face dual pressures of technology acquisition and market access due to new regulations on high-tech flows and tariff barriers in overseas markets [2] - The WTO's appellate body is currently non-functional, limiting the multilateral trade dispute resolution mechanisms available to Chinese enterprises [2] - Compliance costs are rising for private enterprises as they navigate the complexities of adhering to labor laws and environmental due diligence in host countries [2][6] Group 3 - The Private Economy Promotion Law supports private enterprises in participating in national technology innovation projects and provides legal backing for technological advancements [4] - It encourages the legal and efficient use of data, promoting cross-border data flow while ensuring compliance with international regulations [4] - Strengthening intellectual property protection is a key focus, allowing private enterprises to engage in the formulation of international technology standards and enhancing their global market competitiveness [4] Group 4 - The law creates a fair competitive environment for private enterprises in international markets, prohibiting the exclusion of private firms from public resource transactions [5] - It suggests including competitive sectors like new energy vehicles and semiconductors in tariff exemption lists to facilitate international trade [5] - China aims to enhance cooperation with neighboring countries and leverage its strengths in the global energy market, particularly in clean energy [5] Group 5 - The law establishes a framework for private enterprises to maintain their legal rights and interests, even amidst the challenges posed by the WTO's current limitations [5][6] - It emphasizes the importance of compliance with local laws when expanding into international markets, particularly in regions like ASEAN [6] - The establishment of provincial "foreign compliance service centers" is proposed to assist enterprises in navigating legal complexities and reducing compliance risks [7] Group 6 - The article concludes that the Private Economy Promotion Law serves as a foundation for private enterprises to accelerate technological breakthroughs and market expansion, enabling them to participate fairly in global competition [8] - It highlights China's role in providing development opportunities for other developing countries within the global trade framework [8]
文远知行创始人兼CEO韩旭:民营经济促进法护航民企发展
Zhong Guo Jing Ji Wang· 2025-07-15 08:46
Core Viewpoint - The implementation of the Private Economy Promotion Law is strategically significant, reflecting the government's support and protection for the private economy, emphasizing fair competition, property rights protection, and safeguarding the legitimate rights and interests of private enterprises [1][4]. Industry Development - The Private Economy Promotion Law encourages private economic organizations to actively participate in technological innovation and the construction of a modern industrial system, highlighting the important role of private enterprises in national technology strategies [4][5]. - The law is expected to transition the autonomous driving industry from "pilot opening" to "institutional guarantees," facilitating accelerated implementation and expansion of applications in various cities and scenarios over the next five years [4][5]. Technological Development - The complexity of autonomous driving systems presents challenges in creating safe, stable, and reliable systems that can be efficiently adapted to different vehicle types for commercial operation [6]. - The company has developed the WeRide One autonomous driving universal technology platform, which standardizes core software and hardware modules, enabling lower-cost provision of standardized autonomous driving capabilities across various vehicle types [6]. - The company has invested a total of 3.677 billion yuan in R&D from 2021 to mid-2025, with 1.091 billion yuan allocated in 2024 alone, representing over 300% of its operating revenue [6].
北京棉田集团董事长马涛:民营经济促进法为民营企业知识产权保护“撑腰鼓劲”
Zhong Guo Jing Ji Wang· 2025-07-15 03:14
6月23日,最高人民法院以(2024)最高法行申7358号《行政裁定书》,驳回日本某杂货店对北京市 高级人民法院(2022)京行终字1597号《行政判决》的再审申请,维持了中国无印良品商标的合法有效注 册状态,标志着长达24年的两个"无印良品"商标之争落下帷幕。 2000年在北京中国纺织品博览会参展的中国企业"无印良品"毛巾。(受访者供图) 5月20日正式施行的《中华人民共和国民营经济促进法》提出,加大创新成果知识产权保护力度, 实施知识产权侵权惩罚性赔偿制度,依法查处侵犯商标专用权、专利权、著作权和侵犯商业秘密、仿冒 混淆等违法行为。 "这部法律的出台,对民营企业来说,是极大的鼓舞。在过去的知识产权维权过程中,我们耗费了 大量的人力、物力和财力,民营经济促进法为我们提供了更有力的法律武器,让我们更有信心和底气维 护自身的合法权益。"日前,北京棉田科技发展集团有限公司董事长马涛在民营企业知识产权实践媒体 座谈会上表示,这对于长期深陷商标侵权纠纷的北京棉田集团而言,意义尤为重大。 这一发展成果的背后,是企业对科技创新的持续深耕——北京棉田集团多年来不断加大纺织领域科 技投入,致力于打造高性价比优质商品。以"无印 ...