Core Viewpoint - The Supreme People's Court has released four typical cases regarding the protection of private enterprises and entrepreneurs' rights, emphasizing the importance of correcting wrongful property rights cases to safeguard their legitimate rights and interests [1][2]. Group 1: Characteristics of the Typical Cases - The cases adhere to the principle of legality, ensuring that criminal responsibility is only assigned when there is a clear violation of the law [2]. - The cases reflect the principle of criminal law's restraint, distinguishing between economic disputes and criminal offenses, thus preventing the misuse of criminal law in economic conflicts [3]. - The cases uphold the principle of equal legal protection, demonstrating that both private and state-owned enterprises are treated equally under the law, contributing to a fair business environment [4]. Group 2: Case Summaries - Case 1: The Supreme Court overturned the conviction of individuals for falsely reporting registered capital, as the actions did not violate the revised Company Law, which shifted from a paid-in capital system to a subscribed capital system [5][7][8]. - Case 2: The court found that the actions of an individual, who was accused of contract fraud, did not demonstrate the intent to illegally possess another's property, leading to a not guilty verdict [9][10][11]. - Case 3: The court ruled that the evidence was insufficient to convict an individual of embezzlement and misappropriation of funds due to the commingling of personal and company assets, resulting in a not guilty verdict [12][14][16]. - Case 4: The court clarified the conditions under which a mining company was to pay for the remaining equity transfer, emphasizing the equal legal status of private and state-owned enterprises and correcting previous misinterpretations of contractual obligations [17][19][20].

2025.11. 06 本文字数：5820，阅读时长大约10分钟 来源 | 最高人民法院、中国新闻网 据最高法网站消息， 依法再审纠正涉企产权冤错案件是保护民营企业和民营企业家权益的重要内 容。为进一步对保护民营企业和民营企业家合法权益提供指引和规范，最高人民法院5日发布4个涉 民营企业和民营企业家权益保护再审典型案例，包括3个刑事、1个民事案例。 最高法表示，本次发布的典型案例，具有以下几方面特点： 一是坚持罪刑法定原则。 谢某等三人虚报注册资本、私分国有资产、行贿、职务侵占再审部分改判无罪案中，原二审期间公司 法已对资本注册制度作出了重大调整，当事人没有实缴注册资本的行为未违反修正后公司法的规定， 不再需要承担刑事责任。人民法院严格把握刑事犯罪的认定标准，准确划定罪与非罪界限，对此案依 法再审裁判，切实维护了民营企业和民营企业家合法权益。 二是坚持刑法谦抑性原则。 史某某、王某某诉某矿业公司、某联合集团企业出售合同纠纷再审案，坚持民营企业和国有企业法律 地位平等，充分体现人民法院对各类市场主体的依法平等保护，为构建全国统一大市场，助力建设法 治化营商环境提供了优质司法服务。 以上典型案例的发布充分体现了人 ...

来源：最高人民法院 据最高法网站消息， 依法再审纠正涉企产权冤错案件是保护民营企业和民营企业家权益的重要内 容。为进一步对保护民营企业和民营企业家合法权益提供指引和规范，最高人民法院5日发布4个涉 民营企业和民营企业家权益保护再审典型案例，包括3个刑事、1个民事案例。 最高法表示，本次发布的典型案例，具有以下几方面特点： 一是坚持罪刑法定原则。 谢某等三人虚报注册资本、私分国有资产、行贿、职务侵占再审部分改判无罪案中，原二审期间公司 法已对资本注册制度作出了重大调整，当事人没有实缴注册资本的行为未违反修正后公司法的规定， 不再需要承担刑事责任。人民法院严格把握刑事犯罪的认定标准，准确划定罪与非罪界限，对此案依 法再审裁判，切实维护了民营企业和民营企业家合法权益。 二是坚持刑法谦抑性原则。 以上典型案例的发布充分体现了人民法院始终坚持实事求是、依法纠错、依法保护的原则，对具体案 件以事实为根据、以法律为准绳，维护当事人合法权益和社会公平正义的司法理念，为民营经济持 续、健康、高质量发展提供坚实司法服务保障。 附：涉民营企业产权和民营企业家权益保护 再审典型案例 1.谢某等三人虚报注册资本、私分国有资产、行贿、职 ...

Core Viewpoint - The Supreme People's Court of China has released four typical cases related to the protection of private enterprises and entrepreneurs' rights, emphasizing the importance of legal principles in safeguarding their interests [1][3]. Group 1: Characteristics of the Released Cases - The cases adhere to the principle of legality, ensuring that criminal responsibility is only assigned when there is a clear violation of the law, as seen in the case of Xie and others, where the revised Company Law negated the charges of false capital registration [2][6]. - The cases reflect the principle of criminal law's restraint, distinguishing between economic disputes and criminal acts, which is evident in the cases of Ye and Dou, where the evidence did not support the existence of criminal intent [2][9]. - The cases uphold the principle of equal legal protection, demonstrating that both private and state-owned enterprises are treated equally under the law, as illustrated in the case involving Shi and Wang against a mining company [2][19]. Group 2: Specific Case Summaries - In the case of Xie and others, the Supreme Court ruled that the defendants did not violate the revised Company Law regarding capital registration, leading to a retraction of the false capital registration charges [4][6]. - The case of Ye involved a contract dispute where the court found that despite some fraudulent actions, there was no intent to unlawfully possess another's property, resulting in a not guilty verdict [7][9]. - In Dou's case, the court determined that the mixing of personal and company assets made it difficult to establish a clear violation of property rights, leading to a not guilty ruling on charges of embezzlement and misappropriation [10][14]. - The case involving Shi and Wang highlighted the complexities of equity transfer agreements, where the court ultimately ruled that the mining company was liable for the full payment of the transfer price, reinforcing the equal treatment of private and state enterprises [15][19].

Core Points - Two private heating companies in different regions faced abrupt contract terminations by local governments, raising concerns about investment environment and government credibility [2][3][5] Group 1: Case Summaries - Gansu Min County Hongyuan Clean Heating Co., Ltd. signed a 30-year heating franchise agreement but had it revoked after only 5 years, leading to forced takeover by local authorities [3][4] - Shandong Binzhou Hengyuan Heating Company experienced a similar fate, with a 15-year operation period cut short due to alleged non-compliance with heating standards, despite prior recognition for safety [2][5] Group 2: Implications for Investment Environment - The abrupt contract cancellations reflect a troubling trend in the investment climate, where private enterprises are initially welcomed but later face operational hurdles and potential expropriation [5][6] - The incidents highlight a lack of adherence to legal and procedural norms by local authorities, which could deter future investments and harm local economic development [6][9] Group 3: Legal and Regulatory Context - The recent implementation of the Private Economy Promotion Law emphasizes the protection of private enterprises' rights, indicating a shift towards safeguarding their interests [7] - The need for a robust social credit system and adherence to contractual obligations by local governments is critical for fostering a trustworthy investment environment [7][8]

Group 1 - The core viewpoint emphasizes the importance of a well-established institutional system and legal framework for the development of private enterprises and entrepreneurs during the "14th Five-Year Plan" period [1] - Policies such as the "Opinions on Promoting the Development and Growth of the Private Economy" and the implementation of the Private Economy Promotion Law have contributed to the formation of a supportive regulatory framework for private enterprises [1] - The National Development and Reform Commission is actively clearing market access barriers, allowing private enterprises to participate fairly in bidding processes [1] Group 2 - A series of policy measures have been introduced to create a better investment environment for private enterprises, including opening competitive infrastructure sectors to various business entities [2] - The proportion of private enterprises among national high-tech enterprises has increased to over 92%, and over 80% of specialized and innovative "little giant" enterprises are private [2] - Policies addressing financing difficulties for small and micro enterprises have been implemented, including the establishment of a coordination mechanism for financing support [2] Group 3 - Continuous improvement of the legal system and coordination of the Private Economy Promotion Law with existing laws is necessary for future development [2] - There is a need to optimize the fair competition market environment and enhance support for the development of the private economy [2] - Ongoing efforts to protect the legal rights of private enterprises and entrepreneurs are essential, along with the implementation of various relief policies to foster a supportive atmosphere for private economic growth [2]

Core Points - The implementation of the "Private Economy Promotion Law" and the revised "Regulations on Guaranteeing Payment to Small and Medium-sized Enterprises" marks a significant legal framework for the protection and promotion of private enterprises in China, effective from May 20 and June 1, 2025 respectively [1][6][11] - The seminar held on June 20 in Beijing focused on the implementation of the "Private Economy Promotion Law" and the compliance and rights protection of private enterprises, highlighting the importance of legal awareness and compliance for sustainable development [1][7][24] Group 1: Legislative Context - The "Private Economy Promotion Law" is the first foundational law specifically aimed at promoting the development of the private economy in China, addressing concerns of private enterprises and establishing equal rights for them [23] - The law aims to enhance the market environment for private enterprises, providing a solid legal guarantee and boosting confidence among entrepreneurs [11][22] Group 2: Seminar Highlights - The seminar was co-hosted by various organizations, including the China Enterprise Confederation and the Beijing Shandong Enterprise Chamber of Commerce, with participation from legal experts and business leaders [1][4][10] - Key speakers emphasized the necessity of compliance as a foundation for the development of private enterprises, linking legal compliance to sustainable growth and effective rights protection [10][24] Group 3: Expert Opinions - Experts discussed the challenges faced by private enterprises, including issues related to trust between entrepreneurs and government, and the need for effective implementation of the new laws at the local level [17][18] - The seminar participants expressed optimism that the new laws would enhance the confidence of private enterprises and facilitate their high-quality development, while also addressing potential challenges and opportunities [22][23] Group 4: Future Directions - The event concluded with a commitment to continue monitoring the implementation of relevant laws and policies, aiming to provide constructive feedback for future legislative improvements [25] - The focus will remain on fostering a cooperative environment among private enterprises, legal professionals, and government bodies to ensure effective rights protection and compliance [25]

Group 1 - The private economy's sales revenue increased by 3.6% year-on-year in the first four months of this year, surpassing the national average by 0.9 percentage points, accounting for 71.3% of total sales revenue in the country [1] - The government has made significant progress in optimizing the development environment for the private economy, enhancing legal protections, and ensuring the legitimate rights and interests of private enterprises [1] - Since 2020, a series of policy documents have been issued to support the private economy, including the first foundational law specifically for private economic development, the "Private Economy Promotion Law" [1] Group 2 - The market environment for private enterprises has improved, with the number of negative lists for market access reduced to 106 items in the 2025 version, boosting investment confidence [1] - Private investment in non-real estate projects is expected to grow by 6.0% in 2024, with a notable 10.8% increase in private investment in the manufacturing sector [1] - As of February 2025, the balance of inclusive loans to small and micro enterprises increased by 12.6% year-on-year, outpacing the growth rate of other loans by 5.7 percentage points [1] Group 3 - The proportion of patent infringement cases involving private enterprises reached 51.4% in 2024, indicating a growing focus on intellectual property protection [2] - Local initiatives, such as the establishment of overseas intellectual property service stations, aim to help enterprises navigate international disputes and risks [2] - Despite improvements in the policy framework for protecting private enterprises, challenges remain, including issues with policy execution and barriers to accessing key resources [2] Group 4 - Recommendations for enhancing the protection of private enterprises include improving institutional guarantees, standardizing administrative inspections, and promoting flexible regulation [3] - Companies are encouraged to strengthen compliance management, enhance innovation capabilities, and actively fulfill social responsibilities [3] - A collaborative environment is essential for the development of the private economy, with an emphasis on positive public perception and the provision of comprehensive professional services [3]

Group 1 - The core viewpoint emphasizes the importance of promoting the development of private enterprises and protecting their rights, while also enhancing their "voice" in decision-making processes [1][5] - The National Development and Reform Commission (NDRC) held a meeting to gather opinions from private enterprises regarding the "14th Five-Year Plan," highlighting the significance of private enterprises in China's economic development [2][4] - Huawei's CEO Ren Zhengfei's interview reflects the spirit of perseverance and the need for a supportive legal and market environment for private enterprises to thrive [2][3] Group 2 - The Private Economy Promotion Law, effective from May 20, 2023, serves as a fundamental legal framework to support the development of private enterprises, reinforcing their confidence [2][3] - The NDRC has established a regular communication mechanism with private enterprises, conducting over ten meetings to address challenges and gather feedback on policies [4] - The emphasis on enhancing the "voice" of private enterprises is expected to lead to better protection of their rights in legislative and regulatory processes [5]