民营经济促进法
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专访最高法副院长高晓力:贯彻民营经济促进法,促推民营经济高质量发展
21世纪经济报道· 2026-03-06 05:25
记者丨王俊 编辑丨张星 张明艳 作为我国第一部专门关于民营经济发展的基础性法律,《民营经济促进法》的出台标志着民营经济法治保障进入新阶段。 2025年8月,最高人民法院紧扣该法核心要义,出台25条指导意见,以高质效司法审判为民营经济发展注入强劲法治动能。 如何进一步加强民营经济司法保障?今年全国两会期间,最高人民法院党组成员、副院长高晓力接受21世纪经济报道商业秩序工作 室专访时透露, 接下来将加快出台新公司法司法解释,为司法实践提供更明确统一的裁判规则;出台审理民刑交叉案件司法解释, 严格区分经济纠纷和经济犯罪界限,坚决防止将经济纠纷作为经济犯罪处理;为强化科技创新司法保护,还将研究制定知识产权惩 罚性赔偿适用司法解释、数据产权保护司法政策文件。 针对民营企业"融资难"、"融资贵"问题,高晓力提到,将加大调研,进一步采取有针对性的司法举措,助力民营经济创新发展、稳 健经营。 受访者供图 尽快出台新公司法司法解释等规范性文件 三是严格公正司法,扎实开展规范涉企执法司法专项行动。 坚决防止和纠正利用行政、刑事手段干预经济纠纷,严格区分合同纠纷 与合同诈骗、正当融资与非法集资、参与兼并重组与恶意侵占国有资产、正当 ...
推进民促法落地,全国人大代表张巧良:建议开展专项执法检查
第一财经· 2026-03-05 09:47
2026.03. 05 本文字数:2590,阅读时长大约4分钟 作者 | 第一财经 安然然 民营经济促进法于去年5月正式实施,法律的出台极大提振了市场信心,但在执行层面,仍面临地方 执行存在偏差等障碍。 2026年全国两会上,全国人大代表、山东省律师协会监事长张巧良建议,为推动民促法的全面落地 实施,应开展全国性法规政策清理与衔接行动,强化公平竞争与金融服务,同时健全评估监督与问责 机制,建议全国人大常委会适时开展专项执法检查。 调研发现执行层面有障碍 作为我国第一部关于民营经济发展的基础性法律,民营经济促进法将促进民营经济发展的政策上升到 法律层面,更具可预期性、稳定性和可靠性。法律中关于公平竞争、产权保护、融资支持等方面的规 定,有助于稳定市场预期。 该法自去年颁布实施以来,国家有关部门深入推进配套制度建设,推出了150多项配套制度;多个省 区市针对地方特点和企业的主要关切,出台了相应的地方性法规。在3月5日公布的政府工作报告 中,"完善民营经济促进法配套法规政策"被列为今年政府工作的重要任务之一。 "民营经济促进法为民营经济高质量发展提供了坚实的法治基石。"张巧良表示,不过在执行层面, 法律的落地还面临 ...
履职故事·那次调研最难忘|倾听企业诉求 消弭政策“温差”
Sou Hu Cai Jing· 2026-02-24 02:51
(来源:河北新闻网) 转自:河北新闻网 齐明亮委员积极为法治护航民营经济建言 倾听企业诉求 消弭政策"温差" "这个问题让我意识到,民营经济促进法虽然对提振民营企业家信心起到了积极作用,但对于不同地区、不同行业,还有许多需要细化的地方。如果宏观政 策不能转化为针对性、可操作性强的条款,就可能造成政策与企业感受之间的温差。"齐明亮委员说。 聚焦如何让民营经济促进法在河北落细落实,齐明亮委员进园区、访企业,履职脚步不停。随着与企业负责人的交流逐渐深入,他的思路愈加清晰:针对民 营经济发展中面临的公平竞争、权益保护、融资难等痛点堵点,通过地方立法靶向发力,以更精准的制度设计为民营企业纾困解难。 为让更多职能部门听到民营企业心声,齐明亮委员利用职业优势,在各级政府组织的调研、座谈、咨询等活动中积极呼吁:"用服务的暖心增强企业的信 心""加强知识产权保护和运用""创造更加公平、更有活力的市场环境"…… "在社会各界的共同推动下,去年11月,省十四届人大常委会第十八次会议表决通过了《河北省民营经济促进条例》,为河北民营企业吃下一颗'定心 丸'。"齐明亮委员告诉记者,该条例已于今年1月1日起施行,为我省民营经济发展提供了长 ...
最高法:规范涉企执法司法 为企业合法经营“撑腰打气”
Zhong Guo Qing Nian Bao· 2026-02-11 23:50
Group 1 - The Supreme People's Court (SPC) is committed to creating a legal environment that supports enterprises and entrepreneurs, ensuring equal protection of property rights across various ownership types [1] - In 2025, the SPC will conduct a special action to standardize judicial enforcement related to enterprises, emphasizing equal treatment in litigation and legal application for all property rights holders [1] - The SPC has identified 69 cases that should not be treated as criminal offenses and plans to correct 55 wrongful criminal cases involving enterprises, demonstrating a commitment to rectify judicial errors [1][2] Group 2 - A mechanism for the regular identification and correction of wrongful criminal cases involving enterprises has been established, focusing on enhancing supervision and ensuring the right to appeal for parties involved [2] - The SPC is improving its correction mechanisms by increasing the review power of higher courts and implementing cross-regional re-examinations to resolve disputes effectively [2] - The SPC aims to prevent wrongful cases from occurring by strengthening the legal application capabilities of lower courts and analyzing the causes of such cases [2] Group 3 - Courts are promoting strict and fair administrative enforcement by reviewing the legality of administrative actions related to market access, licensing, penalties, and compensation, addressing issues of excessive fines and improper enforcement [3] - In a notable case, the SPC ruled in favor of a real estate company, ordering local government to pay over 8.41 million yuan for failing to fulfill compensation promises, highlighting the importance of government accountability [4] - The SPC emphasizes the need for administrative agencies to honor their commitments, thereby fostering a stable and predictable legal environment for businesses [4]
解码年度“双十大” 透视2025检察工作系列报道|落实第六十六条,筑牢民营经济发展法治保障
Xin Lang Cai Jing· 2026-02-08 00:58
Group 1 - The core point of the news is the introduction of Article 66 in the Private Economy Promotion Law, which strengthens legal supervision over litigation activities involving private economic organizations and their operators, thereby enhancing legal protection for the development of the private economy [1][3][4] - The Shanghai procuratorial authorities utilized external expertise to accurately define the scope of trade secrets and clarify technical facts, while also distinguishing the roles of each defendant and conducting professional valuations, leading to precise indictments [1][5][7] - The collaborative efforts of the "Two Highs" (Supreme People's Court and Supreme People's Procuratorate) in correcting judicial errors help establish a positive social direction for the alignment of directors' responsibilities and obligations, which is beneficial for reasonably defining the scope of directors' duties and responsibilities in corporate law [1][4][9] Group 2 - The 2025 Annual Top Ten Procuratorial News and Top Ten Legal Supervision Cases were announced, with Article 66 of the Private Economy Promotion Law being recognized as a significant development, reflecting the commitment of the procuratorial authorities to uphold the rule of law and create a market-oriented, law-based, and international business environment [2][3] - The case involving the infringement of trade secrets, where 14 defendants were convicted, highlights the effectiveness of high-quality legal supervision in protecting the core assets and innovative achievements of private enterprises [5][6][7] - The case concerning the liability of directors in the Smanter Company demonstrates the importance of aligning directors' responsibilities with their actual obligations, ensuring that the legal standards for director liability are appropriate and do not discourage individuals from participating in corporate governance [8][9]
落实第六十六条,筑牢民营经济发展法治保障
Xin Lang Cai Jing· 2026-02-07 23:55
Group 1 - The core point of the news is the introduction of Article 66 in the Private Economy Promotion Law, which strengthens legal supervision over litigation activities involving private economic organizations and their operators, thereby enhancing legal protection for the development of the private economy [1][3][4] - The Shanghai procuratorial authorities utilized external expertise to accurately define the scope of trade secrets, clarify technical facts, and differentiate the roles of defendants, achieving precise indictments [1][5][7] - The collaborative efforts of the "Two Highs" (Supreme People's Court and Supreme People's Procuratorate) in correcting judicial errors help establish a positive social direction for the alignment of directors' responsibilities and promote the healthy development of the private economy [1][3][9] Group 2 - The 2025 Annual Top Ten Procuratorial News and Top Ten Legal Supervision Cases were announced, highlighting the significance of the Private Economy Promotion Law and its implications for creating a market-oriented, law-based, and international business environment [2][4] - The case involving the infringement of trade secrets by a company, which resulted in significant penalties for the defendants, exemplifies the effective legal supervision that protects core assets and innovation outcomes of private enterprises [5][6][7] - The re-examination of the case concerning the liability of directors in a company, which clarified the nature of their obligations and responsibilities, sets a judicial precedent for aligning directors' duties with their level of fault, thus enhancing the legal framework for corporate governance [8][9]
记好财税民生账护航企业发展
Qi Lu Wan Bao· 2026-01-29 11:05
Group 1 - The core viewpoint emphasizes the importance of grassroots research in understanding and addressing the real needs of enterprises, particularly in tax-related matters [1] - Chen Qiaohui, a key figure in tax consultancy, has made significant contributions by proposing targeted suggestions to improve tax policies for private equity funds and enhance the connection between talent and market needs [1][2] - The focus on practical solutions includes advocating for data sharing among departments to simplify reporting processes for businesses and ensure that tax benefits are easily accessible [2] Group 2 - Chen Qiaohui's recommendations also include establishing a robust feedback mechanism to ensure compliance with tax policies and prevent any irregularities in their implementation [2] - The initiative to provide public financial and tax training for small and micro enterprises aims to enhance their understanding and application of tax policies, thereby improving their financial management capabilities [2] - The introduction of the Private Economy Promotion Law is viewed as a new starting point for ongoing efforts to bridge the gap between policy and enterprise needs, with a commitment to continuous engagement with businesses [2]
省政协委员陈巧慧:财税里的民生账
Qi Lu Wan Bao· 2026-01-25 06:20
Group 1 - The core viewpoint emphasizes the importance of grassroots research in understanding and addressing the real needs of enterprises, particularly in the tax and financial sectors [1][3] - The expert, Chen Qiaohui, has made significant contributions by proposing targeted tax policy improvements for private equity funds and advocating for better connections between talent and market needs [1] - Chen identified gaps in tax services during bankruptcy management and suggested including tax professionals in the bankruptcy management team to facilitate smoother processes [1] Group 2 - Chen's approach involves direct engagement with private enterprises, focusing on informal discussions to gather insights on their challenges and needs [3] - Proposed solutions include data sharing among departments to reduce the burden of tax reporting, establishing a feedback mechanism to ensure policy compliance, and offering public financial training to enhance the capabilities of small and medium-sized enterprises [3] - The introduction of the Private Economy Promotion Law is viewed as a new starting point for ongoing efforts to bridge the gap between policy and enterprise needs [3]
全面贯彻实施民营经济促进法1400多件规范性文件逐步修改或废止
Xin Hua Wang· 2026-01-23 06:38
Core Points - The report presented by the National People's Congress (NPC) Standing Committee's Legislative Affairs Commission highlights the progress in the review of regulations related to the private economy, with a focus on the implementation of the Private Economy Promotion Law set to take effect on May 20, 2025 [1][2] Group 1 - The Legislative Affairs Commission has identified 1,466 regulatory documents that need to be amended or abolished, including 81 local regulations, 2 individual ordinances, 1 special economic zone regulation, 7 local legislative decisions, 1 judicial interpretation, 3 regulations from State Council departments, 48 local government regulations, and 1,323 local government administrative normative documents [2] - The Commission is actively promoting the cleanup of local regulations that treat enterprises unequally, establishing a work ledger for 178 identified local regulations and decisions that hinder market access, equal resource acquisition, and the free flow of goods and services [2] - Most local governments have completed the necessary amendments and abolitions of the identified regulations, indicating a significant step towards improving the business environment for private enterprises [2]
专家:2025年房地产市场显现四大积极现象
Zheng Quan Ri Bao Wang· 2026-01-20 05:16
Economic Overview - In 2025, China's GDP reached 140,187.9 billion yuan, marking a 5% year-on-year growth and surpassing the 140 trillion yuan milestone for the first time [1] - The overall performance of the Chinese economy in 2025 was stable and met expectations, with a shift towards new and upgraded industries [1] Policy Impact - The implementation of more proactive fiscal policies and moderately loose monetary policies played a crucial role in maintaining market vitality and momentum [1] - Legislative changes, such as the introduction of the Private Economy Promotion Law and modifications to the negative list for market access, provided institutional support for market activation [1] Trade and Foreign Relations - China's foreign trade advantages remain intact, focusing on stability rather than merely expanding export volumes, which helps trade partners mitigate external uncertainties [1] Real Estate Market - The real estate market in 2025 showed a trend of stabilization amidst fluctuations, with significant progress in both short and long-term dimensions [2] - Four positive trends were identified in the real estate market: stabilization of total transaction volume, increased differentiation between cities, greater effectiveness in controlling supply growth, and a reduction in inventory levels [2] Future Outlook - The macroeconomic policies are expected to continue with a proactive approach, with an increase in precision and effectiveness in fiscal policies for 2026 [2] - Continued implementation of moderately loose monetary policies is anticipated, with enhanced counter-cyclical and cross-cyclical adjustments to support high-quality economic development [2]