企业改制是优化市场资源配置、推动企业转型升级的重要举措。改制中，债权债务界定模糊、资产移交 不清等问题引发的纠纷，容易制约改制后的民营企业发展。王闯介绍，对此，人民法院既坚守权利义务 相一致的法律底线，又充分考虑企业改制的复杂性和历史特殊性，实现各方利益平衡。在本次发布 的"某资产管理公司河南分公司诉某商贸公司金融不良债权追偿纠纷案"中，人民法院梳理企业改制中的 债权债务关系，在确认原改制方案未完全履行、某商贸公司仅实际接收180余万元资产的基础上，再审 改判该公司在接受资产范围内承担连带责任。该案的审理，精准剥离了不应由民企承担的巨额债务，依 法妥善化解了困扰地方政府多年的历史遗留问题，助力民营企业卸下包袱再出发。 依法维护股东与公司之间财产相互独立、责任相互分离、产权结构明晰的现代企业产权结构，对稳定民 营企业和企业家的预期和信心具有重要意义。王闯介绍，一方面，人民法院严格遵循法人财产独立原 则，加强对控股股东、实际控制人行为的规范，依法追究控股股东、实际控制人实施关联交易"掏空"企 业、违规担保向企业转嫁风险等滥用支配地位行为的法律责任。另一方面，充分发挥股东有限责任风险 控制功能，依法维护诚信出资股东 ...

Group 1 - The Supreme People's Court announced the correction of 46 wrongful property-related cases involving 72 individuals in 2024, with 13 individuals being acquitted [1] - The court aims to protect the personal and property rights of entrepreneurs and prevent the misuse of administrative and criminal measures in economic disputes [1] - A mechanism for the regular identification and correction of historical wrongful cases involving enterprises will be established by 2025 [1] Group 2 - The court supports the rights of private enterprises to receive payments and has issued judicial interpretations to protect small and medium-sized enterprises from being oppressed by larger companies [2] - There is an emphasis on enhancing the judicial protection of intellectual property rights, particularly for innovative small and medium-sized enterprises, with a 44.2% increase in punitive damages applied in 460 cases of severe malicious infringement in 2024 [2] - The court is addressing abusive practices such as inducement to infringe and non-normal mass litigation, while also promoting a cooperative environment for business development [2]

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].

Core Viewpoint - The Supreme People's Court emphasizes the importance of correcting wrongful cases involving enterprise property rights through retrials, which is crucial for protecting the rights of private enterprises and entrepreneurs [3]. Group 1: Characteristics of Typical Cases - The typical cases released by the Supreme People's Court adhere to the principle of legality in criminal law, ensuring that individuals are not held criminally liable for actions that do not violate the law as amended [4][10]. - The cases reflect the principle of criminal law's restraint, distinguishing between economic disputes and economic crimes, thereby preventing the misuse of criminal law in economic conflicts [5][6]. - The principle of equal legal protection is upheld, ensuring that both private and state-owned enterprises are treated equally under the law, which supports the establishment of a unified national market and a law-based business environment [7]. Group 2: Case Summaries - Case 1: In the case of Xie et al., the court found that the defendants did not violate the amended Company Law regarding registered capital, leading to a retrial that declared them not guilty of the charge of falsely reporting registered capital [8][10][11]. - Case 2: In the case of Ye, the court determined that despite some fraudulent actions, there was no intent to illegally possess others' property, resulting in a retrial that declared him not guilty of contract fraud [12][15]. - Case 3: In the case of Dou, the court found that the mixing of personal and company assets made it difficult to establish a clear violation of property rights, leading to a retrial that declared him not guilty of embezzlement and misappropriation of funds [16][20]. - Case 4: In the case of Shi and Wang, the court clarified the conditions under which the transfer of equity occurred, ruling that the mining company was liable for the full payment of the equity transfer price, thus reinforcing the equal legal status of private and state-owned enterprises [21][24].

Core Viewpoint - The Supreme People's Court emphasizes the importance of correcting wrongful cases involving enterprise property rights through retrials, which is crucial for protecting the rights of private enterprises and entrepreneurs [2]. Group 1: Characteristics of Typical Cases - The typical cases released by the Supreme People's Court adhere to the principle of legality in criminal law, ensuring that the recognition of criminal acts is based on clear legal standards [3]. - The cases reflect the principle of criminal law's restraint, distinguishing between economic disputes and economic crimes, thus preventing the misuse of criminal law in economic conflicts [4]. - The principle of equal legal protection is upheld, ensuring that both private and state-owned enterprises are treated equally under the law, contributing to a unified national market and a law-based business environment [5]. Group 2: Case Summaries - In the case of Xie et al., the retrial determined that the defendants did not violate the revised Company Law regarding registered capital, leading to the conclusion that they should not bear criminal responsibility for falsely reporting registered capital [6][8]. - In the case of Ye, the retrial found that although he forged a receipt, he did not have the intent to illegally possess others' property, thus he was not guilty of contract fraud [10][12]. - In the case of Dou, the retrial concluded that the mixing of personal and company assets made it difficult to establish a clear distinction between personal and company property, leading to a not guilty verdict for embezzlement and misappropriation of funds [14][16]. - In the case of Shi and Wang, the retrial clarified the conditions under which the transfer of equity occurred, correcting the previous judgment and ensuring that the rights of private entrepreneurs were upheld [19][21]. Group 3: Significance of Typical Cases - The cases illustrate the necessity of distinguishing between economic disputes and criminal acts, reinforcing the legal protection of entrepreneurs and enhancing their sense of security [13]. - The retrials demonstrate a careful examination of the relationship between personal and company assets, emphasizing the need for clear property rights in cases of financial crimes [18]. - The rulings reflect a commitment to equal legal treatment for all market participants, fostering a supportive environment for private enterprises and contributing to high-quality economic development [22].

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]