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聚焦民营经济发展难题,出台更细更实举措
Jing Ji Ri Bao· 2025-09-27 23:51
Core Points - The Supreme People's Court has issued guidelines to implement the Private Economy Promotion Law, aiming to address challenges faced by the private sector and enhance its development [1][2] - The guidelines include 25 specific measures to ensure the law's effective application and to create a fair competitive environment for private enterprises [2][3] Group 1: Legal Framework and Implementation - The Private Economy Promotion Law, effective from May 20, 2023, establishes the legal status and rights of the private economy at the national level [2] - The guidelines aim to resolve issues such as delayed handling of enterprise-related cases and improper jurisdiction practices, thereby facilitating the law's implementation [2][3] - The guidelines specify judicial rules to regulate monopolistic and unfair competition behaviors, enhancing the competitiveness of enterprises [2][3] Group 2: Financial Support and Credit Restoration - The guidelines address financing difficulties for private enterprises by recognizing the legal validity of atypical guarantees and regulating financial institutions' lending practices [3][4] - They emphasize the need for strict enforcement of credit restoration processes, distinguishing between "dishonesty" and "inability" to ensure smoother business operations [3][4] Group 3: Dispute Resolution and Governance - The guidelines provide measures for resolving disputes among shareholders, promoting solutions like equity transfers and buybacks to prevent operational stagnation [3][4] - They aim to maintain the independence of assets and responsibilities between shareholders and companies, protecting the rights of minority shareholders [3][4] Group 4: Judicial Predictability and Market Environment - The guidelines signal a commitment to fair and civilized judicial practices, enhancing the predictability of the legal environment for businesses [4][5] - Strengthening protections for property and personal rights is expected to boost investment willingness and innovation among private enterprises [4][5] - The combination of precise judicial applications against unfair competition and ongoing improvements in intellectual property protection will foster a more inclusive and competitive market [5]
聚焦民营经济发展难题 出台更细更实举措——平等保护强信心稳预期
Jing Ji Ri Bao· 2025-09-27 23:44
Core Points - The Supreme People's Court has issued guidelines to implement the Private Economy Promotion Law, aiming to address challenges faced by the private sector and enhance its development [1][2] - The guidelines consist of 25 measures that transform legal principles into actionable judicial rules, focusing on creating a fair competitive environment and addressing issues such as delayed case resolutions and improper jurisdiction [2][3] Group 1: Fair Competition Environment - The Private Economy Promotion Law, effective from May 20, 2023, establishes the legal status and rights of the private economy at the national level [2] - The guidelines emphasize regulating monopolistic and unfair competition behaviors, thereby improving the competitiveness of enterprises [2][3] - Specific measures include expediting the handling of cases involving overdue payments to private enterprises and clarifying jurisdictional issues [2][3] Group 2: Financial Support and Credit Restoration - The guidelines address financing difficulties for private enterprises by recognizing the legal validity of atypical guarantees and regulating the conditions imposed by financial institutions [3] - They also clarify the distinction between "dishonesty" and "inability" in credit punishment, facilitating credit restoration channels for businesses [3][4] Group 3: Dispute Resolution and Governance - The guidelines provide measures for resolving disputes among shareholders, promoting solutions such as share transfers and buybacks to prevent operational stagnation [3][4] - This aims to maintain the independence of assets and responsibilities between shareholders and the company, protecting the rights of minority shareholders [3] Group 4: Judicial Predictability and Market Environment - The guidelines signal a commitment to strict and fair judicial practices, enhancing the predictability of the legal environment for businesses [4][5] - Improved protection of property and personal rights, along with stable financing rules, is expected to lower transaction costs for enterprises [4][5] - The guidelines also call for the development of regulations for data rights protection and anti-monopoly measures applicable to small and micro enterprises [5]