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广东高院发布第二批服务保障民营经济高质量发展典型案例
Zhong Guo Xin Wen Wang· 2025-10-09 06:09
Core Points - Guangdong High Court released a second batch of typical cases to support the high-quality development of the private economy, focusing on commercial dispute resolution, debt evasion, and protection of creditors' rights [1][2] - The court aims to provide strong legal support for the high-quality development of the private economy by ensuring equal protection of enterprises' legal rights and promoting fair market behavior [1] Group 1: Case Summaries - Eight cases were published, including a financing lease dispute where a "court + industry association" mediation mechanism helped resolve the conflict, protecting the rights of creditors, enterprises, and workers [1] - In a contract dispute involving a construction company, the court denied the improper transfer of core qualifications and resources, correcting unfair market practices and maintaining market order [1] - A logistics company case clarified the fiduciary duties of senior management, providing guidelines for private enterprises to strengthen internal management and mitigate operational risks [1] Group 2: Financial Support - In a financial loan dispute, the court recognized that due to force majeure, the company faced short-term repayment difficulties, allowing for contract modification and regulating premature loan recovery by financial institutions, thus aiding in alleviating financing challenges for private enterprises [2]
当牛马嘶鸣成为背景音:新疆巴扎里的“法治摊位”正进行
Core Insights - The article highlights the integration of legal services within traditional markets in Kashgar, Xinjiang, showcasing how local courts actively engage in dispute resolution and legal education to enhance market transactions [1][2][3]. Group 1: Livestock Market - The Selibuyah Livestock Market in Kashgar is the largest in southern Xinjiang, attracting 5,000 to 7,000 visitors daily, with a transaction volume reaching 15 million yuan [1]. - Judges from local courts provide on-site legal consultations and dispute resolution, significantly improving transaction security and efficiency [2][3]. - Since 2021, local courts have conducted over 300 legal education sessions and resolved more than 100 disputes at the livestock market [3]. Group 2: Agricultural Market - The Kashi region, particularly Kashi County, is known for its fruit production, benefiting from favorable climatic conditions [5]. - The "Fragrant Mediation Room" established in the Kashi fruit wholesale market aims to facilitate dispute resolution among fruit farmers and contractors [5]. - Courts encourage mediation to resolve disputes amicably, as seen in a case where a farmer and contractor reached a settlement regarding unpaid fees [5]. Group 3: Trade and Logistics - The establishment of the Kashgar Free Trade Zone has led to an increase in disputes related to new industries such as cross-border e-commerce and logistics [6]. - The Kashgar Free Trade Zone court has handled multiple collective claims from drivers against a startup transport company, facilitating a repayment plan to ensure drivers receive their due payments [6]. Group 4: Legal Framework and Education - Common disputes in Kashgar involve sales contracts, private lending, and land leasing, with the Civil Code's contract section comprising 41.7% of its total articles [7]. - The courts proactively educate market participants about legal risks associated with transactions, aiming to prevent disputes before they arise [8]. - A comprehensive judicial service network is being developed, combining preemptive legal education with efficient dispute resolution mechanisms [8].