数据产权司法保护
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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]
最高法将研究起草数据产权司法保护指导意见,对于智能汽车影响几何?
Zhong Guo Qi Che Bao Wang· 2025-08-08 09:04
Core Viewpoint - The Supreme People's Court of China has proposed to draft judicial protection guidelines for data property rights, which is expected to provide regulatory guidance for data rights in the smart automotive industry and ensure the legal application of automotive data [3][8]. Group 1: Data Challenges in Smart Automotive - The rapid development of smart vehicles has led to confusion regarding data property rights and management, making it difficult for consumers to access complete and accurate data when issues arise [4][5]. - Current regulations lack clarity in defining data ownership, particularly for non-personal data such as vehicle operational data and road traffic data, which hampers the effective use of data by automotive companies [5][6]. - The complexity of data collected from smart vehicles includes various types such as vehicle operation data, user driving behavior data, and environmental data, creating a complicated data ecosystem [4]. Group 2: Balancing Data Rights and Public Interest - The potential misuse of geographic and traffic data collected by smart vehicles poses risks to public interest and social safety, highlighting the need for a balanced approach to data sharing [6][7]. - Data sharing is crucial for advancing autonomous driving technology, but the lack of clear data ownership and profit-sharing mechanisms has led to "data islands," hindering collaborative innovation [6][7]. - Consumers often lack awareness of what personal data is collected and how it is used, raising concerns about privacy when their driving behavior data is used for commercial purposes without prior consent [6]. Group 3: Future Directions for Data Governance - The proposed judicial protection guidelines are anticipated to clarify data rights and protections, potentially referencing the "Twenty Data Rules" to establish a framework for data resource ownership and usage rights [8][9]. - The guidelines may allow automotive companies to legally utilize anonymized raw data collected from vehicles for training autonomous driving models, thereby enhancing decision-making capabilities and safety [8][9]. - The judicial guidelines aim to address the definition and protection of smart automotive data, activate data elements, and create a balanced mechanism between development and safety, supporting the construction of a regulatory framework for the smart automotive industry [10].
最高法:研究起草数据产权司法保护意见,妥善处理数据纠纷
Nan Fang Du Shi Bao· 2025-08-08 06:26
Group 1 - The Supreme People's Court issued guidelines to implement the Private Economy Promotion Law, focusing on the judicial protection of data property rights and the resolution of data rights disputes to promote efficient circulation and trading of data elements [1][2] - The guidelines emphasize the need to correct disproportionate administrative penalties against private economic organizations and strengthen judicial efforts against monopolistic and unfair competition practices [2][3] - The guidelines aim to address issues related to overdue payments to private economic organizations, particularly small and medium-sized enterprises, ensuring timely payment of debts [2][3] Group 2 - The guidelines propose measures to combat internal corruption within private economic organizations, including the issuance of guiding cases and promoting legal awareness [3][4] - The guidelines call for the establishment of a one-stop international commercial dispute resolution mechanism to facilitate cross-border commercial mediation, supporting private economic organizations in participating in the Belt and Road Initiative [3][4] - The guidelines stress the importance of judicial protection of property rights and the need to rectify wrongful cases involving enterprises, ensuring strict adherence to legal procedures [4]
最高法发布落实《民营经济促进法》“25条” 严格落实“非禁即入”
Zheng Quan Shi Bao Wang· 2025-08-08 06:22
Core Viewpoint - The Supreme People's Court issued the "Guiding Opinions on Implementing the Private Economy Promotion Law," aiming to enhance legal protections for the private economy through 25 specific measures, focusing on equal treatment, law-abiding operations, and a fair judicial environment [1][2]. Group 1: Legal Framework and Market Environment - The Guiding Opinions emphasize the need for a robust legal framework to support the private economy, including the establishment of a fair and transparent business environment [1]. - It highlights the importance of enforcing the "non-prohibition, entry allowed" policy and addressing local protectionism and hidden barriers to market entry [2][3]. Group 2: Anti-Monopoly and Competition - The Opinions call for strengthened judicial efforts against anti-competitive practices and unfair competition, ensuring that all economic entities can participate fairly in the market [2]. - It also addresses the need for clear regulations on local government practices that may constitute disguised monopolies [2]. Group 3: Debt and Financing Issues - The Opinions propose measures to tackle the issue of overdue payments to private enterprises, including the establishment of a mechanism for preventing and clearing overdue debts [4]. - It aims to regulate financial institutions' practices regarding loan conditions to protect the rights of private enterprises [4]. Group 4: Dispute Resolution and Credit System - The Opinions seek to lower the costs of dispute resolution for private enterprises by improving the credit repair mechanism and addressing non-compliance in enforcement actions [6]. - It emphasizes the need for timely updates of credit information to facilitate normal financing for enterprises [6]. Group 5: Enforcement and Compliance - The Supreme People's Court stresses the importance of increasing enforcement efforts against entities that evade or resist execution, particularly those exhibiting malicious credit behavior [7]. - It aims to ensure that the rights of winning parties in legal disputes are protected through effective enforcement measures [7].
最高法:研究起草数据产权司法保护指导意见
Zheng Quan Shi Bao Wang· 2025-08-08 02:29
Core Viewpoint - The Supreme People's Court has issued guidelines to implement the "Promotion Law of Private Economy," emphasizing the protection of emerging industries and the judicial protection of data rights [1] Group 1: Emerging Industries - The guidelines aim to ensure the healthy and orderly development of emerging industries [1] - There is a focus on the judicial protection of data rights to address disputes related to data ownership [1] Group 2: Data Rights and AI - The guidelines include the drafting of judicial protection opinions for data rights, promoting efficient circulation and trading of data elements [1] - The court will legally adjudicate cases related to artificial intelligence, supporting its lawful application and guiding the healthy development of the AI industry [1]