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贯彻落实民营经济促进法 最高法最新发文
Xin Hua She· 2025-08-08 02:04
8月8日,最高人民法院发布关于贯彻落实《中华人民共和国民营经济促进法》的指导意见,进一步细化 裁判规则,健全完善工作机制,致力解决实际问题,确保法律正确实施、统一适用。 (文章来源:新华社) 指导意见从总体要求、依法平等对待、引导守法规范经营、严格公正司法、健全公正司法体制机制等五 个方面,提出了深入贯彻落实民营经济促进法、促进民营经济健康发展的25条内容。旨在破解民营经济 发展中面临的难题,为民营经济健康发展提供更加有力的法治保障。 ...
司法部等三部门发文 推动提升涉企行政执法水平
Zheng Quan Ri Bao Wang· 2025-08-07 11:45
开展规范涉企行政执法专项行动是党中央、国务院作出的重大决策部署。2025年5月20日起正式施行的 民营经济促进法对持续优化稳定、公平、透明、可预期的民营经济发展环境,促进民营经济持续、健 康、高质量发展作出明确规定。《指导意见》结合规范涉企行政执法专项行动和贯彻落实民营经济促进 法有关部署要求,全面总结行政复议服务企业高质量发展工作经验,从总体要求、明确行政复议监督涉 企执法重点、提升行政复议吸纳涉企行政争议能力、做深做实涉企行政争议实质化解、深化涉企行政复 议办案规范效能、强化涉企行政复议以案促治、凝聚规范涉企执法工作合力七个方面提出了22项具体举 措,为加强涉企行政复议工作、推动提升涉企行政执法水平作出明确指引。 同时联合发布的10件典型案例,反映了各地认真开展行政复议服务企业高质量发展工作取得的突出成 效,为各地行政复议机构、涉企行政管理部门和工商联继续强化协同配合,共同推动高质效办理涉企行 政复议案件,妥善化解涉企行政争议,依法平等保护各类经营主体合法权益,促进提升涉企行政执法水 平提供了示范指引。 本报讯(记者吴晓璐)据司法部8月7日消息,近日,司法部会同国家发展改革委、全国工商联印发《关于 进一步 ...
陶然居集团董事长严琦:民营经济促进法解决痛点 助力民企前行
Zhong Guo Jing Ji Wang· 2025-07-31 08:08
对于陶然居集团而言,民营经济促进法的颁布带来了诸多实质性的改变。严琦表示,一是创新、投 融资等利好政策支持企业发展;二是更好地维护了企业合法权益;三是更好地规范企业发展,推动企业 建立现代企业制度,建设法治民企、廉洁民企。 在未来3-5年的战略规划中,陶然居集团将充分融入民营经济促进法的要求。严琦透露,集团将按 照该法关于投融资的要求,积极参与国家战略,重点参与成渝经济圈建设。同时,按照该法要求,更好 地开展创新,推动企业转型。 在"反内卷"方面,陶然居集团一直主张靠质量和诚信立企,避免恶性竞争。严琦认为,企业要靠质 量、标准和特色赢得市场,走差异化竞争路线。例如,陶然居集团与重庆罗森便利店有限公司合作建设 的陶然居数字科技5G鲜食工厂,坚持从"田间到餐桌",全程冷链物流,保证了产品的质量。在平衡员 工工作效率与福利方面,严琦强调,员工是企业最大的财富,要积极构建和谐劳动关系,让员工与企业 共享改革成果。前几年,餐饮业遭受冲击,陶然居集团采取轮岗制,让轮岗的员工去陶然居的餐饮学校 接受培训,既避免了裁员、稳定了员工,也提升了员工的技能水平,受到员工的欢迎。(中国经济网记 者鞠然) "民营经济促进法是在中国式现 ...
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
Core Viewpoint - The implementation of the Private Economy Promotion Law has prompted various provinces and regions in China to advance local legislative efforts to support private economic development, emphasizing fair competition and the protection of private enterprises' rights [1][2][10]. Group 1: Legislative Developments - Multiple provinces, including Jiangsu, Henan, Shandong, and Fujian, are actively drafting or revising local regulations to align with the Private Economy Promotion Law [1]. - The draft regulations from Jiangsu and Fujian were submitted for review on July 28, while Henan and Shandong have released drafts for public consultation [1]. - Zhuhai Special Economic Zone is revising its existing regulations from 2016 to enhance support for the private economy [1]. Group 2: Fair Competition Principles - Local regulations emphasize the principles of "equal treatment" and "fair competition," reiterating the importance of a unified market access negative list and fair competition review systems [2]. - The draft from Shandong includes specific provisions for fair competition, addressing areas such as equal access, government procurement, and anti-monopoly measures [2]. - The Fujian draft also mandates equal rights for private enterprises in accessing resources and financing, prohibiting discriminatory practices by financial institutions [3]. Group 3: Rights Protection Mechanisms - The drafts aim to enhance the implementation of rights protection mechanisms for private enterprises, particularly regarding accounts receivable [4]. - Shandong's draft specifies that state-owned enterprises must not impose non-cash payment methods on private enterprises, while Henan's draft sets a payment deadline of 30 days for government entities [4][5]. - The regulations also include provisions to protect small and medium-sized enterprises from unfair payment terms [5]. Group 4: Administrative and Legal Oversight - The law prohibits the misuse of administrative or criminal measures to interfere with economic disputes and establishes guidelines for cross-regional law enforcement [6][7]. - Local drafts detail the requirements for cross-regional enforcement, including prior written notice to local authorities and adherence to legal procedures [7]. - The Shandong draft outlines responsibilities for compensating damages caused by improper handling of seized assets [7]. Group 5: Legal Responsibilities and Supervision - Local regulations clarify legal responsibilities regarding illegal fees and fines imposed on private enterprises, with provisions for corrective actions and compensation for losses [8]. - Jiangsu's draft includes measures for enhancing oversight of local government actions related to private economic development [9]. - The ongoing legislative efforts across various provinces indicate a commitment to strengthening the legal framework supporting private enterprises [10].
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
Core Viewpoint - Local regulations are being developed to complement and refine the recently implemented Private Economy Promotion Law (民促法), with various provinces and regions actively working on legislative initiatives to support the private sector [1][10]. Group 1: Legislative Developments - Provinces such as Jiangsu, Henan, Shandong, and Fujian are advancing local regulations that align with the principles of the Private Economy Promotion Law [1][10]. - Drafts for local regulations have been submitted for review, with public consultations ongoing in Henan and Shandong [1][2]. - The Zhuhai Special Economic Zone is revising its existing regulations to enhance support for the private economy [1]. Group 2: Fair Competition Principles - Local regulations emphasize the principles of "equal treatment" and "fair competition" as outlined in the Private Economy Promotion Law [2]. - Specific provisions for fair competition have been included in the drafts, addressing market access, public procurement, and financing services [2][3]. Group 3: Rights Protection - Local drafts aim to enhance the implementation of rights protection mechanisms for private enterprises, particularly regarding payment collection [4][5]. - Regulations specify that government entities must pay private enterprises promptly and cannot impose unreasonable payment conditions [4][5]. Group 4: Legal Responsibilities and Oversight - Local regulations are clarifying legal responsibilities related to fees and penalties imposed on private enterprises, ensuring accountability for violations [8][9]. - Oversight mechanisms are being strengthened, allowing local people's congresses to monitor the implementation of laws promoting the private economy [9]. Group 5: Ongoing Legislative Efforts - Additional provinces like Shaanxi, Anhui, and Tianjin are also initiating local legislative efforts to align with the Private Economy Promotion Law [10].
“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]