反垄断和反不正当竞争
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【中新社】2025年破坏社会主义市场经济秩序犯罪案件增长
Zhong Guo Xin Wen Wang· 2026-01-29 09:16
会议提出,要加强整治"内卷式"竞争的司法路径研究,加强反垄断和反不正当竞争司法,促进公平有序 良性竞争,营造良好市场生态。 会议同时要求各级法院恪守权力边界,着力解决实践中不同程度存在的利用行政、刑事手段干预经济纠 纷,特别是趋利性和违规异地执法司法等问题。 会议还要求各级法院持续深化落实民营经济促进法及最高法院25条配套措施,巩固深化规范涉企执法司 法专项行动成果,健全常态化长效化防范和纠错机制,平等保护企业产权和合法权益,建设法治化营商 环境。要有力监督、纠正滥用权力排除和限制竞争,促进建设全国统一大市场。(张素) 中新网北京1月19日电 记者19日从在北京举行的全国高级法院院长会议获悉,2025年,全国法院刑事一 审收案持续下降,而破坏社会主义市场经济秩序犯罪案件反向增长2.2%。 据知,发案较多的包括串通投标罪、虚开发票罪、贷款诈骗罪、非国家工作人员受贿罪、合同诈骗罪、 生产销售伪劣产品罪、非法经营罪,案件量分别增长50%、32%、20%、20%、11%、10%、9%。 此次会议在部署2026年工作任务时明确,要综合发挥刑事、民事、行政审判职能,依法惩治破坏市场秩 序、扰乱市场预期、恶意逃废债务等行为 ...
最高法:着力解决趋利性和违规异地执法司法等问题
Xin Hua She· 2026-01-20 05:54
Group 1 - The Supreme People's Court emphasizes the need to address issues related to the interference of administrative and criminal measures in economic disputes, particularly focusing on profit-driven and illegal cross-regional law enforcement [1] - In 2025, there is a projected decline in criminal first-instance case filings, while crimes disrupting the socialist market economy are expected to increase by 2.2%, with significant rises in specific crimes such as bid rigging (50%), fraudulent invoicing (32%), loan fraud (20%), bribery by non-state employees (20%), contract fraud (11%), production and sale of counterfeit products (10%), and illegal business operations (9%) [1] - The Supreme Court aims to establish a long-term mechanism for prevention and correction, ensuring effective supervision and correction of power abuse that restricts competition, and to legally punish behaviors that disrupt market order and violate principles of integrity [1] Group 2 - The bankruptcy system is highlighted as a crucial mechanism for optimizing resource allocation, with 29,000 "zombie enterprises" expected to be cleared and 1,481 companies revived through bankruptcy trials in 2025 [2] - The Supreme Court calls for the integration of judicial enforcement and bankruptcy systems to enhance efficiency, ensuring that "zombie enterprises" can be quickly removed and struggling companies can receive timely assistance [2] - In 2025, there is an anticipated growth of 30.4% in intellectual property contract disputes and a 3.7% increase in ownership and infringement disputes, prompting the need for effective legal tools to ensure rights protection and punitive measures against infringement [2]
最高法再提着力解决趋利性执法司法问题,释放何种信号?
Nan Fang Du Shi Bao· 2026-01-20 03:22
Core Viewpoint - The meeting of the National High Court Presidents emphasizes the need to adhere to power boundaries and address issues related to the use of administrative and criminal means to interfere in economic disputes, particularly focusing on profit-driven and illegal cross-regional law enforcement practices [1][3]. Group 1: Governance and Legal Framework - The Supreme People's Court has been focusing on addressing profit-driven and illegal cross-regional law enforcement issues, with plans to include this in the work report for the National People's Congress in March 2025 [3]. - A notification issued in April last year aimed to ensure strict and fair judicial practices in cases involving enterprises, targeting the disruption of legal processes [3][4]. Group 2: Judicial Services and Market Order - The meeting highlighted the importance of judicial services that are both flexible and well-regulated, aligning with the central economic work conference's requirements to standardize market order [4]. - There has been a noted decline in criminal first-instance case filings, while cases disrupting the socialist market economy have increased by 2.2%, and civil cases involving unfair competition have risen by 10.6% [3]. Group 3: Enforcement and Competition - The meeting called for a comprehensive approach to utilize criminal, civil, and administrative judicial functions to punish behaviors that disrupt market order and violate market rules, thereby ensuring accountability for those who breach trust [4]. - There is a focus on addressing "involution" in competition through judicial research, enhancing anti-monopoly and anti-unfair competition laws to foster a fair and orderly market environment [4]. Group 4: Economic Environment and Bankruptcy - The meeting stressed the need to uphold power boundaries and prevent the misuse of authority in economic disputes, while also promoting a legal environment that protects enterprise property rights and interests [4]. - The bankruptcy system is recognized as crucial for optimizing resource allocation, with judicial collaboration with the government emphasized for effective handling of complex bankruptcy cases [4].
着力解决趋利性和违规异地执法司法等问题
Xin Lang Cai Jing· 2026-01-20 00:24
Group 1 - The Supreme People's Court emphasizes the need to address issues related to the interference of administrative and criminal measures in economic disputes, particularly focusing on profit-driven and illegal cross-regional law enforcement [1] - Data indicates that by 2025, criminal first-instance cases are expected to continue declining, while crimes disrupting the socialist market economy are projected to increase by 2.2%, with significant rises in specific crimes such as bid rigging (50%), fraudulent invoicing (32%), loan fraud (20%), bribery by non-state employees (20%), contract fraud (11%), production and sale of counterfeit products (10%), and illegal business operations (9%) [1] - The Supreme Court aims to establish a long-term mechanism for prevention and correction, ensuring effective supervision and correction of power abuse that restricts competition, and to legally punish behaviors that disrupt market order and violate principles of integrity [1] Group 2 - The bankruptcy system is highlighted as a crucial mechanism for optimizing resource allocation, with data showing that by 2025, bankruptcy trials are expected to facilitate the clearance of 29,000 "zombie enterprises" and help 1,481 companies recover [2] - The Supreme Court calls for the integration of judicial enforcement and bankruptcy systems to enhance their combined effectiveness, aiming for a swift resolution of "zombie enterprises" and early intervention for struggling companies [2] - There is a noted increase in intellectual property disputes, with contract disputes and infringement cases rising by 30.4% and 3.7% respectively by 2025, prompting the Supreme Court to advocate for the use of various legal tools to ensure rights protection and punitive measures against infringement [2]
国家发改委:深入整治“内卷式”竞争
Zheng Quan Shi Bao Wang· 2025-12-16 01:57
Core Viewpoint - The article emphasizes the importance of advancing the construction of a unified national market in China, aiming to eliminate barriers and promote a more efficient economic environment [1] Group 1: Market Construction - The article advocates for the deepening of the construction of a unified national market, focusing on breaking down obstacles that hinder this process [1] - It highlights the need to unify market foundational systems and rules, including property rights protection, market access, information disclosure, social credit, mergers and acquisitions, and market exit regulations [1] - The article calls for the elimination of barriers related to resource acquisition, qualification recognition, bidding, and government procurement [1] Group 2: Regulatory Framework - There is a push to standardize local government economic promotion behaviors and eliminate local protectionism and market segmentation [1] - The article stresses the importance of establishing integrated circulation rules and standards to lower logistics costs across society [1] - It mentions the need to improve statistical, fiscal, and assessment systems that support the construction of a unified market [1] Group 3: Competition and Industry Upgrading - The article addresses the need to tackle "involution" competition and promote capacity governance in key industries [1] - It emphasizes the implementation of policies to resolve structural contradictions in key industries and facilitate quality upgrades [1] - The article calls for legal governance of low-price disorderly competition and unified market supervision and enforcement, reinforcing anti-monopoly and anti-unfair competition laws to create a healthy market order [1]
非凡“十四五”之市场监管②丨5年来全省查办各类市场违法案件13.43万件
Sou Hu Cai Jing· 2025-12-04 06:41
Core Viewpoint - The Hunan provincial market regulatory authority has made significant progress in maintaining market order and promoting fair competition during the "14th Five-Year Plan" period, with a focus on addressing illegal activities that disrupt market order and harm public interests [2][4]. Group 1: Market Regulation Achievements - A total of 13.43 million market violation cases have been investigated and handled by the provincial market regulatory department over the past five years [2][4]. - The province has implemented strict measures for fair competition review, incorporating it into the decision-making processes of various government levels and departments [2][4]. - The introduction of the "Incremental Policy Measures Fair Competition Review Guidelines" marks Hunan as the first province in the country to establish such guidelines [2][4]. Group 2: Antitrust and Unfair Competition Enforcement - The regulatory authority has focused on key sectors and public welfare, resulting in the investigation of 27 antitrust cases and 1,619 cases of unfair competition, including commercial confusion, false advertising, and infringement of trade secrets [2][4]. - The cumulative cleaning of documents that hinder a unified market and fair competition has reached 32,400 [2][4].
罗文:坚决破除阻碍全国统一大市场建设卡点堵点
Sou Hu Cai Jing· 2025-12-01 09:19
Core Viewpoint - The construction of a nationwide unified market is a significant strategic decision made by the central government, emphasizing the need to eliminate barriers and enhance market efficiency [1][10]. Group 1: Basic Requirements for Advancing the Unified Market - The basic requirements for advancing the unified market include "five unifications and one openness," which are essential for reducing transaction costs and ensuring efficient market operation [2][3]. - Unified market infrastructure is necessary to facilitate logistics, capital flow, and information exchange, thereby promoting smooth market circulation [3][4]. - Standardizing government behavior is crucial to prevent local governments from distorting market mechanisms and ensuring fair competition [4][5]. - Unified market regulation is vital for fostering fair competition among various business entities, enhancing market vitality [5][6]. - Establishing a unified resource market is key to improving resource allocation efficiency and promoting productivity [6][7]. Group 2: Importance of Removing Barriers - The importance of removing barriers to the unified market is underscored by the need for a cohesive economic framework that supports high-quality development and a new development pattern [10][12]. - The transition from a planned economy to a market economy has led to fragmented rules and local protectionism, which need to be addressed [11][12]. Group 3: Key Tasks for Removing Barriers - Key tasks include unifying market rules, regulating local government economic promotion behaviors, and addressing "involution" competition issues [13][14]. - Strengthening anti-monopoly and fair competition regulations is essential for maintaining a fair market order and stimulating business vitality [9][15]. - Improving logistics efficiency and reducing costs are critical for enhancing market connectivity and operational efficiency [16][17].
成材:周度基本面变化不大钢价盘整-20251114
Hua Bao Qi Huo· 2025-11-14 03:02
Group 1 - Report industry investment rating: Callback operation [3] - Core view of the report: The weekly fundamentals of finished products changed little, and steel prices consolidated. The prices will run in a callback. Pay attention to macro - policies and downstream demand in the later stage [1][2][3] Group 2 - Summary according to relevant content: The market supervision department will strengthen anti - monopoly and anti - unfair competition law enforcement. This week, the supply of five major steel products was 8.3438 billion tons, a week - on - week decrease of 223,600 tons, a decline of 2.6%; the total inventory was 14.7734 billion tons, a week - on - week decrease of 262,300 tons, a decline of 1.7%. The weekly apparent consumption of five major steel products was 8.606 billion tons, a month - on - month decrease of 0.7%; among them, building material consumption decreased by 1.3%, and plate consumption decreased by 0.4%. In early November 2025, the average daily output of crude steel of key steel enterprises was 1.926 million tons, a month - on - month increase of 6.0%; the steel inventory was 15.49 million tons, a month - on - month increase of 5.9% compared with the previous ten - day period and a decrease of 2.5% compared with the same ten - day period last month. The finished products continued to consolidate yesterday with little fluctuation. The weekly data released by Steel Union was neutral, with both output and apparent demand decreasing. As the weather gets colder, the downstream market is weak. Rebar still has support at the 3000 level. Steel prices are consolidating in a narrow range [2]
夯实全国统一大市场的法治根基
Jing Ji Ri Bao· 2025-08-12 22:44
Group 1 - The construction of a unified national market is a significant decision made by the central government, emphasizing the importance of legal foundations and regulatory frameworks [1][4] - The recent Central Financial Committee meeting outlined the basic requirements for advancing the unified national market, focusing on "five unifications and one openness" [1][2] - There are existing challenges in the relationship between government and market, including local protectionism and inconsistent regulatory standards [2][3] Group 2 - The need to clarify the boundaries between government and market roles is crucial for optimizing resource allocation and maximizing efficiency [2][3] - Strengthening legal frameworks, such as the Fair Competition Review Regulations, is essential for ensuring fair competition and addressing issues of administrative power abuse [3][5] - The establishment of a comprehensive market economy foundation, including property rights protection and social credit systems, is necessary for the effective operation of the unified national market [4][5] Group 3 - Promoting market-oriented reforms in factor markets is key to enhancing resource allocation and productivity [7][8] - Addressing systemic barriers to the free flow of factors requires legal reforms and the establishment of unified trading rules [8] - The development of a unified labor market and a national data market is essential for facilitating smooth resource circulation and integration [7][8]
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]