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两会丨专访全国政协委员、上海新联会会长张毅:规范行政执法裁量 加快完善异地执法制度
证券时报· 2026-03-08 12:07
Core Viewpoint - The article emphasizes the importance of legal protection for the private economy, advocating for stricter regulation of administrative law enforcement and the establishment of clear legal frameworks to reduce disputes in judicial practices [1][4]. Group 1: Judicial Protection of Private Economy - The judicial protection of the private economy has seen improvements, but challenges remain, particularly in local enforcement practices that can be inconsistent or excessive [4][5]. - Recommendations include the strict implementation of administrative law enforcement regulations, such as public disclosure and record-keeping, to enhance transparency and efficiency [4][5]. Group 2: New Consumption Disputes - New consumption disputes are characterized by diverse parties involved, novel dispute content, electronic evidence, and complex paths for consumer rights protection [6][7]. - The legal framework is struggling to keep pace with the rapid evolution of new consumption models, leading to challenges in responsibility delineation and enforcement [10][11]. Group 3: Legal Adaptation to New Consumption Models - The current legal system shows some adaptability to new consumption scenarios but faces challenges, particularly regarding the clarity of rules for emerging models like live commerce [10][11]. - Suggestions include the need for judicial interpretations to clarify the application of existing laws to new consumption practices, ensuring that responsibilities are clearly defined for platforms and sellers [10][11]. Group 4: Intellectual Property and AIGC - The rise of AI-generated content (AIGC) has led to significant challenges in copyright attribution, with the proportion of AI-generated content increasing from 20% in 2024 to 50% in 2025 [13]. - There is a need for clearer copyright rules and compliance measures for open-source platforms to mitigate risks associated with potential infringements [14]. Group 5: Business Secrets and Employee Responsibilities - Protecting business secrets is critical, especially as employees may leak sensitive information upon leaving a company [15]. - Companies should implement strict confidentiality protocols and conduct ongoing training to mitigate the risk of information leaks [15]. Group 6: Expectations for New Company Law - The new company law introduces significant changes, including the horizontal denial of corporate personality, which requires clearer judicial interpretations to reduce ambiguity in practice [17][18]. - There is a call for improved transparency in corporate operations to facilitate evidence gathering for creditors, alongside the establishment of specialized bankruptcy courts to enhance judicial efficiency [18].
两会|专访全国政协委员、上海功承瀛泰律师事务所首席合伙人迟日大:加快构建“不敢违、不能违、不想违”市场生态
证券时报· 2026-03-08 09:29
Core Viewpoint - The construction of a legal ecosystem for the capital market is crucial for supporting the national high-quality development strategy and fostering new productive forces, marking a new historical opportunity in 2026 as the start of the "14th Five-Year Plan" [1][13]. Group 1: Legal Framework and Reforms - The Supreme People's Court will accelerate the introduction of new judicial interpretations related to the Company Law in 2026, focusing on civil compensation for insider trading and market manipulation, which reflects a proactive response to the legal needs of market entities [3][9]. - Three key issues need clarification in the new judicial interpretations: conditions for accelerated shareholder contributions, boundaries for denying corporate personality, and mechanisms for protecting minority shareholders' rights [4][5]. Group 2: Bankruptcy Law and Judicial Efficiency - The establishment of specialized bankruptcy courts is essential for improving the professional level and judicial efficiency of bankruptcy trials, which is critical for maintaining market order and supporting high-quality development [6][7]. - Recommendations for bankruptcy law revisions include enhancing pre-restructuring mechanisms, simplifying procedures for small and micro enterprises, and refining rules for financial institution bankruptcies to ensure effective judicial support [7]. Group 3: Investor Protection and Market Integrity - The upcoming judicial interpretations aim to protect investors' rights and prevent systemic financial risks by clarifying the distinctions between insider trading, market manipulation, and false statements [9][11]. - Strengthening the legal basis for strict punishment of securities crimes is vital for maintaining a fair market environment and protecting investors' rights, especially as financial innovations evolve [10][11]. Group 4: Integration of Legal and Economic Development - The legal framework should be integrated with the development of new productive forces, optimizing resource allocation towards technological innovation and the real economy [14]. - There is a need for a synchronized approach to legal construction and financial risk prevention, ensuring early identification and management of risks associated with new financial products and business models [14].
最高法:加快出台新公司法配套司法解释
Core Viewpoint - The number of company-related disputes in Chinese courts has significantly increased, indicating issues in corporate governance and shareholder behavior, particularly in private enterprises [1][2]. Group 1: Dispute Statistics - In 2025, Chinese courts received 175,300 first-instance company-related disputes, a year-on-year increase of 51% [1]. - The top three categories of disputes were: - Shareholder contribution disputes: 14,800 cases, up 132% - Disputes regarding the liability of shareholders, actual controllers, and directors harming creditor interests: 48,200 cases, up 97% - Disputes requesting changes to company registration: 21,300 cases, up 90% [1]. Group 2: Judicial Role in Corporate Governance - The Supreme People's Court emphasizes the importance of judicial functions in enhancing corporate governance and protecting the rights of companies, shareholders, and creditors [1][2]. - Courts are implementing measures to address "chain lawsuits" in corporate disputes and are utilizing information technology to identify related cases and key disputes [2]. - The focus is on resolving internal disputes in family businesses and guiding companies through shareholder conflicts to restore operational stability [2]. Group 3: Future Directions - The Supreme People's Court plans to continue improving the governance structure of private enterprises and ensure equal legal protection for private businesses and entrepreneurs [3]. - There is an emphasis on the upcoming judicial interpretations of the new Company Law, which will further enhance the judicial support for private enterprise governance [3].