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民营经济法治保障
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久久为功打造法治化营商环境
Jing Ji Ri Bao· 2025-08-27 22:22
Core Viewpoint - The Supreme People's Court has issued guidance to implement the Private Economy Promotion Law, proposing 25 judicial measures to address challenges in the development of the private economy, emphasizing the importance of a rule-of-law business environment for efficient resource allocation and sustainable economic growth [1] Group 1: Judicial Measures and Achievements - The guidance aims to create a market-oriented, law-based, and international business environment, with significant achievements noted in the implementation of the Fair Competition Review Regulations, including the modification of 7,312 policies and the handling of over 14,000 unfair competition cases in 2024 [1] - In Ningxia, over 6,000 enterprise-related disputes were resolved, amounting to 307 million yuan, with legal aid recovering over 65 million yuan for the public [2] - Liaoning Province's courts handled 150 criminal cases related to the infringement of business entities' rights, recovering 1.535 billion yuan in losses [2] Group 2: Areas for Improvement - Despite notable progress, there are still shortcomings, such as delayed government service mindset changes and the need for stronger protection of judicial rights for business entities and foreign investments [2] - The need to eliminate institutional barriers and enhance government function transformation is emphasized, including the establishment of dynamic adjustment mechanisms for administrative discretion and the optimization of approval processes [3] Group 3: Equal Protection and Investment Confidence - The guidance stresses the importance of equal protection for domestic and foreign enterprises, ensuring they are treated equally in market access and operational aspects, thereby enhancing investment confidence [4] - The implementation of negative lists for market access and foreign investment is highlighted, with a focus on clarifying ambiguous terms to alleviate investment concerns [4]
利好民营经济政策不断推出 “硬核”支持让民营企业吃下“定心丸”
Yang Shi Wang· 2025-08-09 06:25
Core Viewpoint - The Supreme People's Court issued the "Guiding Opinions on Implementing the 'Private Economy Promotion Law'" to provide judicial support for the development of the private economy, outlining 25 specific measures across various areas such as market access, financing, and property rights protection [1][11]. Group 1: Market Access and Competition - The guiding opinions emphasize the strict implementation of the "non-prohibition, immediate entry" policy and the establishment of a unified national negative list for market access, aiming to ensure fair competition for private economic organizations [4]. - It mandates the elimination of regional barriers and local protectionism to guarantee that private enterprises can participate fairly in market competition [4]. Group 2: Financing Support - The opinions advocate for new financing guarantee methods for private economic organizations, leveraging supply chain and industrial chain resources, and affirming the legal validity of atypical guarantees [4]. - Measures are proposed to expedite the resolution of overdue payments to private economic organizations, particularly small and medium-sized enterprises, by enhancing the enforcement of claims [5]. Group 3: Protection of Rights and Interests - There is a focus on strengthening judicial protection of property rights and ensuring that the execution of assets does not excessively impact the production and living conditions of the parties involved [7]. - The opinions call for strict scrutiny of wrongful administrative penalties against enterprises and emphasize the need to differentiate between economic disputes and economic crimes [8]. Group 4: Implementation and Compliance - The guiding opinions aim to enhance the implementation of the Private Economy Promotion Law by clarifying judicial procedures and mechanisms for administrative litigation involving private economic organizations [12]. - They also highlight the importance of real-time publication of guiding cases to assist private enterprises in understanding legal frameworks when operating abroad [12]. Group 5: Recent Policy Developments - The issuance of the guiding opinions follows a series of favorable policies aimed at supporting the private economy, including the implementation of the "Fair Competition Review Regulations" and the reduction of items in the market access negative list [14]. - The Private Economy Promotion Law, which took effect on May 20, 2023, marks a significant shift towards legal protection for private enterprises, providing a strong foundation for their development [11][14].
最高检、全国工商联共商加强民营经济法治保障
news flash· 2025-06-23 11:55
Core Viewpoint - The importance of rule of law as the best business environment is emphasized, with a focus on promoting the healthy and high-quality development of the private economy through legal protections and collaboration between the prosecution and the business community [1][2]. Group 1: Role of Private Economy - The private economy is recognized as a vital component of the socialist market economy, and its development is essential for maintaining and improving the socialist economic system [2]. - Since the 18th National Congress, significant measures have been implemented to promote the growth of the private economy, including the establishment of the Private Economy Promotion Law [2]. Group 2: Legal Protections and Responsibilities - The prosecution is tasked with ensuring equal treatment, fair competition, and protection of all business entities, while also enhancing legal supervision and addressing issues of improper law enforcement [2]. - There is a shared responsibility between the prosecution and the business community to protect the legal rights of various business entities and to foster a law-based business environment [2][3]. Group 3: Collaboration and Communication - The establishment of a communication mechanism between the prosecution and the business community is crucial for optimizing case referral processes and enhancing legal services for enterprises [2]. - The business community is encouraged to comply with laws and regulations, and efforts will be made to promote the establishment of a modern enterprise system with Chinese characteristics [3].
规范涉企行政执法 推动制度完善形成长期效果
Nan Fang Du Shi Bao· 2025-05-22 17:15
Group 1 - The core viewpoint of the news is the introduction of the Special Action for Regulating Administrative Law Enforcement Related to Enterprises, which aims to prevent issues from recurring and establish a long-term mechanism for supervision and regulation [1] - The implementation of the Private Economy Promotion Law on May 20 provides a legal foundation for protecting the rights of private enterprises, which is crucial for the ongoing special action [1] - The special action is not a one-time effort; it emphasizes the need for a systematic approach to address the root causes of prominent issues faced by enterprises [1][2] Group 2 - Regularizing administrative law enforcement is essential for the standardized development of the private economy, requiring institutionalization of solutions to prominent issues and ensuring effective implementation of related systems [2] - There is a need for continuous training mechanisms for law enforcement personnel to improve understanding of regulations and enhance enforcement transparency [2] - Various departments are taking measures to ensure the legal protection of private enterprises, emphasizing the importance of law-based governance and institutional fairness in supporting the development of the private economy [2]