多元解纷机制
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司法如何为民营经济撑腰?这场通报会现场划重点
Sou Hu Cai Jing· 2025-11-24 15:45
张丹芳指出,民营企业涉诉案件主要具有以下特点:涉诉案件类型集中,主要为合同纠纷,其中买卖合 同纠纷占比最高;新型案件持续涌现,数字资产权属争议、人工智能应用纠纷、非典型担保效力认定、 独立保函欺诈等新类型案件数量明显增加;公司治理缺陷突出,如财务信息透明度不足、内部管理制度 缺失等,易诱发股东权利冲突,进而导致公司治理僵局。 张丹芳表示,民营企业要强化合同全生命周期管理,推行合同标准化、规范授权与证据管理、强化动态 风险监测,筑牢交易安全防线。要完善公司治理结构,厘清股东权责边界、健全合规内控机制、保障中 小股东知情权,防范内部管控失序。要善用多元解纷机制,先行调解降成本、智慧应诉解难题、信用修 复助再生,降低诉讼负累。 民二庭副庭长王丽媛现场通报了涉民营企业矛盾纠纷典型案例。在相关通报案例中,顺义法院通过"法 院+商会"协同解纷、多元调解、执前扣划等多种方式,有效推动相关案件妥善解决,助力民营经济提 速发展。 民营经济是推进中国式现代化的生力军,是高质量发展的重要基础。顺义法院始终坚持"与区域大局高 度融合、与审执主业高度结合、与经济发展高度契合"的工作思路,找准司法服务保障民营经济高质量 发展的结合点和发 ...
“冻”了十年的产权“焐热”了
Ren Min Wang· 2025-11-22 02:12
"16-1703,5167.58……"11月15日,在湖南省株洲市芦淞区福鑫南郡小区,"支持小区消防完善工程 光荣榜"上又添了一笔新的记录。工作人员工整地填写着房号和缴费金额,黑色笔迹在白色底板上格外 清晰。这一幕,被驻足良久的毛师傅深深看在眼里。 "每次看到光荣榜更新,就知道我们离拿到不动产权证又近了一步。"作为该小区第17栋的楼栋长, 这样的场景对毛师傅来说再熟悉不过。"过程确实不容易。但这是正义的事,大家怎么会不支持呢?" 这份信念,源自十年的等待,也来自十年的期盼。 2013年,为了离经营的鞋店近一些,毛师傅一家结束租房生活,买下了现在住的房子。"当时开发 商说得天花乱坠,号称是芦淞区'最豪华的楼盘'!"毛师傅带着一丝自嘲说道。 然而,2015年入住后,美梦迅速破灭。因开发商资金链断裂,小区消防设施不完善、房屋质量安全 检测报告不齐、测绘数据不全……办理不动产权证,成了一场遥不可及的梦。 "消防管道里没水,就是个空架子。"毛师傅记忆犹新,"有一回,楼道里弥漫着一家老人熏腊肉的 烟气,整栋楼的人都慌了,赶紧挨家敲门提醒。"毛师傅说,那些年,不安全感如影随形,"闻到烟味就 害怕,从不敢让老人孩子自己在家, ...
长沙首批企业调解委员会成立,多元解纷又添新途径
Chang Sha Wan Bao· 2025-11-06 08:57
Core Points - The establishment of the first batch of enterprise mediation committees in Changsha aims to enhance the ability of companies to resolve labor disputes autonomously and effectively address labor-capital conflicts from the source [1][3] - The initiative is part of a strategic cooperation agreement between the Human Resources and Social Security Bureau and the Trade Union, focusing on strengthening multi-channel dispute resolution mechanisms [3][5] Group 1 - The enterprise mediation committees will handle internal labor disputes fairly and promptly, ensuring the legal rights of both companies and employees, and maintaining normal production and operational order [3][5] - The establishment of these committees is expected to encourage companies to improve internal governance and foster mutual trust between labor and management [3][5] Group 2 - The Changsha Human Resources and Social Security Bureau emphasizes that resolving labor-capital conflicts is crucial for harmonious labor relations and social stability [5] - The Trade Union plans to enhance its role in supporting enterprises and expanding its influence to protect the rights of both labor and management [5] Group 3 - A list of the first batch of enterprise mediation committees includes notable companies such as China Construction Fifth Engineering Bureau Co., Ltd., Hunan Jian Gong Group Co., Ltd., and Hunan Jiudian Pharmaceutical Co., Ltd. [6]
设立专门法庭,新疆自贸试验区法治化营商环境有保障
Xin Jing Bao· 2025-09-29 12:06
Core Points - The establishment of the Xinjiang Free Trade Zone aims to enhance foreign trade development in the region, leveraging its unique geographical advantages as a core area of the Silk Road Economic Belt [1][2] - The Xinjiang Free Trade Zone has set up specialized foreign-related courts to handle various types of disputes arising from increased cross-border trade [2][3] - The introduction of a multi-dimensional dispute resolution service area allows parties to choose mediation, arbitration, or litigation based on their preferences [3][4] Group 1: Establishment and Structure - The Xinjiang Free Trade Zone officially opened on November 1, 2023, covering three major areas: Urumqi, Kashgar, and Horgos [1][2] - The Urumqi area, being the largest in terms of economic volume and area, has the highest frequency of domestic and international investment and cross-border trade [2] - The Urumqi Free Trade Zone Court is the first and only specialized foreign-related court in the region, focusing on first-instance foreign civil and commercial cases, intellectual property cases, and domestic civil cases related to high-level open economies [2][3] Group 2: Dispute Resolution Mechanisms - The Urumqi Free Trade Zone Court has established a multi-dimensional dispute resolution service area, allowing parties to opt for mediation after filing a case [3][4] - The court has introduced an International Commercial Expert Committee with 63 experts from 26 countries to assist in resolving foreign-related disputes [3][4] - A legal research center for foreign laws along the Silk Road Economic Belt has been established to provide legal clarification services for foreign laws [4] Group 3: Support for Enterprises - The Urumqi Free Trade Zone Court has received 2,159 cases related to the Free Trade Zone, with 31 foreign-related cases and 2 cases involving Hong Kong, Macau, and Taiwan [4] - The court supports arbitration procedures and collaborates with the Urumqi International Arbitration Institute to enhance efficiency and reduce costs for parties involved [4][6] - The court provides legal expert resources and communication channels for enterprises looking to expand internationally, addressing issues such as intellectual property protection and cross-border trade risks [6][7]
深圳市创新基层法治治理模式
Zhong Guo Fa Zhan Wang· 2025-08-20 03:38
Core Viewpoint - The establishment of the Shenzhen Longgang District People's Court Neutral Legal Service Station represents an important innovation in grassroots legal governance, aiming to provide more convenient and efficient legal services to the community and promote modern social governance [1] Group 1: Service Station Establishment - The Longgang District People's Court service station is the first grassroots court neutral legal service station in Shenzhen [1] - The service station integrates legal resources from the court and social organizations to create a new platform for resolving conflicts and disputes [1] - This initiative aims to address the legal needs of the community effectively and provide a replicable model for diversified dispute resolution mechanisms [1] Group 2: Impact on Legal Services - The service station allows legal services to be delivered directly to the grassroots level, responding to the urgent legal needs of the public [1] - The establishment of this service station is part of a broader effort to build a safe and law-abiding Shenzhen [1] - Prior to this, the Shenzhen Neutral Legal Service Society had set up service stations in other institutions, including the Supreme People's Court First Circuit Court and Longhua District Mediation Court [1]
各地工商联助力民营企业融入全国统一大市场建设——当好桥梁纽带 赋能民企发展
Xin Hua Wang· 2025-08-18 23:24
Group 1 - The establishment of a unified national market is essential for constructing a new development pattern and promoting high-quality development [1] - The private economy is a vital force in advancing Chinese-style modernization and serves as an important foundation for high-quality development, with 4.6% year-on-year growth in newly established private enterprises in the first half of the year, totaling 4.346 million [1] - Local industry and commerce federations are enhancing the sense of gain for private enterprises by promoting policies, building communication platforms, and optimizing the business environment [1] Group 2 - Various local industry and commerce federations are actively promoting the implementation of policies to support enterprises, conducting activities to understand enterprise needs, and ensuring the effective delivery of benefits [2] - In Hebei Province, 1,456 enterprises and chambers of commerce were visited, resolving 387 issues for private enterprises and conducting 240 policy training sessions [2] - Guangdong Province's initiative "Spring Rain Nurturing Seedlings" aims to provide tailored tax incentives for small and micro enterprises [2] Group 3 - Local federations are organizing supply-demand matching platforms to facilitate cooperation among enterprises, enhancing the integration of industrial chains [3] - In Hunan Province, a "production and sales matching exchange salon" was held to foster collaboration among enterprises, resulting in over 50 procurement agreements [3] - The initiative in Qinhuangdao City promotes efficient flow of production factors through resource integration and service optimization [3] Group 4 - Wuhan City has launched the "Golden Bridge Plan" to connect technology-based small and micro enterprises with incubators, venture capital, research institutions, and government departments [4] - The "National Federation of Industry and Commerce Innovation Growth Empowerment Matching Activity" in Guangzhou provided a platform for innovative enterprises to showcase their latest research achievements [5] Group 5 - A multi-faceted dispute resolution mechanism has been established, combining courts and industry associations to efficiently resolve business disputes [6] - The establishment of over 6,900 mediation organizations within the industry and commerce federation system has significantly enhanced the capacity for dispute resolution [7] - Innovative models like "customized mediation" in Yibin City have improved the quality and efficiency of mediation services [7]