依法平等保护企业权益
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最高法:促进法治化营商环境建设
Zhong Guo Zheng Quan Bao· 2026-02-04 20:24
Core Viewpoint - The Supreme People's Court emphasizes the role of administrative trials in optimizing the business environment and supporting the construction of a unified national market, ensuring fair legal protection for enterprises and promoting the rule of law in market access [1][5]. Group 1: Legal Protection and Market Regulation - Courts at all levels are committed to addressing local protectionism, market segmentation, and industry barriers that hinder the construction of a unified national market, while strengthening regulations against monopolistic and unfair competition behaviors [2][3]. - The Supreme People's Court has issued guidelines to protect the legitimate rights and interests of private enterprises, ensuring equal participation of various ownership economies in market competition [3][5]. Group 2: Judicial Efficiency and Administrative Dispute Resolution - The Supreme People's Court is focused on preventing and correcting the use of criminal means to interfere with economic disputes, ensuring a clear distinction between legitimate business practices and illegal activities [4]. - A mechanism for preventing and resolving administrative disputes has been established, which includes feedback on judicial data analysis reports related to administrative litigation cases [5][6]. Group 3: Execution and Debt Recovery - The Supreme Court is innovating execution methods to balance the enforcement of creditor rights with the survival and development of enterprises, promoting solutions like installment payments and introducing third-party financing [7]. - There is a commitment to enhancing execution work standards, ensuring that property seizure and disposal processes are strictly regulated to avoid overreach and protect the operational value of businesses [7].
最高法:大力推进清理政府机关、事业单位拖欠中小企业账款工作
Xin Jing Bao· 2025-12-04 05:58
Core Viewpoint - The Chinese judicial system has actively engaged in actions to regulate enterprise-related law enforcement, significantly addressing the issue of government and institutional debts owed to small and medium-sized enterprises (SMEs) [1][2] Group 1: Judicial Actions and Outcomes - From January to early September, courts resolved 9,166 cases of government and institutional debts to SMEs, recovering over 31.1 billion yuan [1] - The Supreme Court has emphasized equal legal protection and fair judicial practices in handling cases, aiming to enhance market confidence and stabilize expectations [1] - A total of 12,060 enterprises were subjected to "live sealing and live deduction" measures, involving 148,800 cases with an execution amount of 360.4 billion yuan, minimizing the impact of enforcement on normal business operations [2] Group 2: Legal Framework and Mechanisms - The Supreme Court has released various typical cases related to the protection of corporate reputation, anti-unfair competition, and anti-monopoly, clarifying judicial standards and stabilizing legal expectations [1] - A credit restoration and dishonesty punishment mechanism has been established, with 307,100 enterprises having their credit restored, distinguishing between "dishonesty" and "inability" [2]
最高人民法院:有效防范违规异地执法、趋利性执法司法
Zheng Quan Ri Bao Wang· 2025-04-27 10:58
Core Viewpoint - The Supreme People's Court has issued a notification emphasizing strict and fair judicial practices in handling enterprise-related cases, aiming to protect various ownership rights and ensure equal legal protection for all enterprises [1][2] Group 1: Legal Protection and Principles - The notification stresses the importance of equal legal protection for all types of enterprises, ensuring that legal rights are upheld and violations are prosecuted [1] - It highlights the necessity to distinguish between economic disputes and criminal offenses, preventing the misclassification of economic issues as crimes [1] - The principles of equality before the law, legality of punishment, and presumption of innocence are reinforced, with a clear distinction made between contract disputes and fraud, as well as between legitimate financing and illegal fundraising [1] Group 2: Judicial Process and Enforcement - The notification calls for the regulation of case filing and jurisdiction in enterprise-related cases to combat local protectionism in law enforcement [2] - It emphasizes the need to minimize the impact of enforcement measures such as seizure and freezing on normal business operations [2] - The notification promotes fair adjudication of civil and administrative cases involving enterprises, ensuring that all market participants can compete fairly [2] Group 3: Mechanisms for Correction and Prevention - There is a focus on strengthening the mechanisms for handling appeals and retrials in cases involving enterprise property, aiming to prevent wrongful convictions [1][2] - The notification advocates for a dual approach of actively rescuing enterprises in distress while also ensuring timely liquidation when necessary [2] - It calls for precise identification and classification of cases to implement targeted measures effectively [2]