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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].