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乐见遏制趋利性执法新举措 | 经观社论
Jing Ji Guan Cha Bao· 2025-11-09 08:56
Core Viewpoint - The recent joint initiative by market regulatory authorities in Jiangsu, Zhejiang, Shanghai, and Anhui aims to establish a regional collaborative mechanism to regulate cross-regional law enforcement, particularly addressing the issue of "ocean fishing" style enforcement, which has been detrimental to the private economy and business environment [1][2]. Group 1: Regulatory Measures - The document titled "Eight Measures" is recognized as the first regional collaborative mechanism in the country targeting "ocean fishing" style law enforcement [1]. - The measures include clarifying the concept of cross-regional law enforcement, standardizing case collaboration procedures, and requiring prior notification and accompaniment during enforcement actions [2]. - The initiative emphasizes the need to avoid excessive administrative coercive measures and unify administrative penalty discretion to optimize the business environment [2]. Group 2: Financial Pressures and Enforcement Behavior - The tendency for profit-driven enforcement is closely linked to the financial pressures faced by certain regions, particularly economically underdeveloped areas [3]. - Data indicates that regions with greater fiscal pressure tend to see a faster increase in penalty and confiscation revenues, leading to a higher likelihood of profit-driven enforcement behavior [3]. - Some enforcement agencies justify their actions as a means of generating revenue for local finances, which raises concerns about the legitimacy of such enforcement practices [3]. Group 3: Legal and Ethical Considerations - The legitimacy of enforcement power must stem from lawful administration, and any actions driven by non-statutory goals, such as revenue generation, contradict the spirit of the rule of law [4]. - The document highlights the need for scientific governance methods to alleviate local fiscal pressures without compromising market fairness and citizen rights [4]. - The "grab-type" enforcement mentality is seen as incompatible with market economy principles, which emphasize contract spirit, fair regulation, and a legal environment [4].
最高人民法院公布2025年1至9月司法审判工作主要数据
Zhong Guo Xin Wen Wang· 2025-10-21 12:32
Overall Judicial Work Summary - In the first nine months of 2025, courts nationwide accepted 32.257 million cases, a decrease of 9.17% compared to the same period last year [1] - The quality of judicial management improved, with a 0.06 decrease in the case-to-judgment ratio and a 0.96 percentage point decrease in the appeal rate [1] - The number of unresolved cases for over two years decreased by 28.08%, enhancing public satisfaction with the judiciary [1] Case Filing and Mediation - Courts handled 4.782 million pre-litigation mediation cases, with a success rate of 312.8 million, showing significant growth [2] - The automatic compliance rate for successful mediation cases exceeded 90%, indicating effective dispute resolution [2] - 57% of parties submitted their lawsuits online, with a 14.7 percentage point increase in satisfaction with the filing process [2] Criminal Case Handling - Courts accepted 804,000 first-instance criminal cases, a decline of 11.61%, with 1.048 million defendants sentenced, down 10.22% [3] - Cases related to food safety crimes decreased by 14.84%, while cases of fraud increased by 7.8% [3] - New legal interpretations were issued to combat telecom fraud and online gambling [3] Civil and Commercial Case Handling - Courts accepted 18.954 million first-instance civil and commercial cases, an increase of 37.45% year-on-year [4] - Labor dispute cases rose by 37.5%, and cases related to company disputes surged by 70.21% [4] - The number of intellectual property civil cases increased by 33.78%, reflecting a focus on protecting innovation [4] Administrative Case Handling - Administrative first-instance cases rose by 17.49%, with a decrease in appeal and retrial application rates [5] - Courts supported administrative agencies in fulfilling their duties and resolving administrative disputes effectively [6] Execution Case Management - Courts accepted 8.065 million execution cases, an increase of 16.72%, with execution completion and effectiveness rates at 39.54% and 51.35% respectively [6] - Online judicial auctions generated 256.45 billion yuan, with a transaction rate of 62.02%, showing steady improvement in asset disposal [6] - The number of new entries into the dishonesty list decreased by 2.45%, while credit restoration efforts helped 1.97 million individuals return to the market [6]
中国最高法、司法部联合发布典型案例 规范涉企行政执法司法
Zhong Guo Xin Wen Wang· 2025-09-17 07:32
Core Viewpoint - The Supreme People's Court and the Ministry of Justice of China have jointly released ten typical cases to standardize administrative law enforcement and judicial practices related to enterprises, aiming to unify judgment standards and clarify rules [1]. Group 1: Typical Cases Overview - The ten selected cases cover various administrative management fields and types of administrative disputes, including issues related to construction permits, administrative penalties, and compliance with administrative agreements [1]. - Specific cases include disputes involving construction companies, real estate firms, and medical institutions, highlighting the diverse nature of administrative challenges faced by enterprises [1]. Group 2: Case Details - One notable case involves a traditional Chinese medicine clinic in Shanghai, which faced administrative penalties for allegedly using unsupported promotional claims. The clinic contested the penalties, arguing that the facts were unclear and the punishment excessive [2]. - The administrative review body conducted on-site investigations and facilitated negotiations between the parties, ultimately reducing the fine from 30,000 yuan to 20,000 yuan, while also refraining from penalizing the clinic for certain practices under new regulations [3]. - This case exemplifies the balance between enforcement and education in administrative law, ensuring that penalties are proportionate and that enterprises are supported in compliance efforts [3]. Group 3: Future Implications - Moving forward, all levels of people's courts and administrative review bodies will implement the Private Economy Promotion Law, ensuring fair and just handling of administrative disputes involving enterprises, thereby enhancing legal protections for the private sector [3].
21专访|人大教授陈卫东:刑诉法修订应与民营经济促进法“双向奔赴”
Core Viewpoint - The increasing importance of the private economy in China's economic development is highlighted, with significant contributions to tax revenue, GDP, technological innovation, and urban employment. However, private enterprises face legal risks, particularly regarding property rights protection. The implementation of the Private Economy Promotion Law in May 2025 and the upcoming revision of the Criminal Procedure Law are critical for enhancing legal protections for private enterprises [1][3]. Group 1: Legal Framework and Reforms - The Private Economy Promotion Law systematically addresses property protection for private enterprises, particularly in relation to criminal proceedings, marking a significant advancement in legal protections [3][4]. - The upcoming revision of the Criminal Procedure Law is crucial, as it must align with the Private Economy Promotion Law to ensure effective implementation of protective measures for the private economy [3][4]. Group 2: Addressing Law Enforcement Issues - The term "ocean fishing" refers to opportunistic law enforcement practices, which have raised public concern. The Private Economy Promotion Law includes provisions to prevent abuse of power in cross-regional law enforcement [5][6]. - Recommendations for establishing a "main crime location" jurisdiction principle and improving the jurisdiction objection system are proposed to address the challenges posed by expanding definitions of crime locations, especially in the context of increasing cybercrime [5][6]. Group 3: Supervision and Oversight - Strengthening case filing supervision is essential to prevent the misuse of criminal measures in civil disputes. Current laws need to be amended to include oversight for cases that should not be filed but are [7][8]. - A mechanism for regular case review is suggested to address the issue of prolonged unresolved cases that hinder normal business operations [8]. Group 4: International Legal Protections - As Chinese enterprises expand overseas, they face risks from differing international laws and increasing long-arm jurisdiction. The Private Economy Promotion Law emphasizes the need for a robust legal framework to protect overseas interests [9][10]. - Recommendations include enhancing judicial protection for overseas enterprises and empowering legal institutions to counter foreign sanctions and long-arm jurisdiction [9][10].