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最高法发布第二批涉企行政强制典型案例
Qi Lu Wan Bao· 2025-08-18 21:09
Group 1 - The core viewpoint of the article emphasizes the role of the Supreme People's Court in supervising and correcting illegal administrative enforcement actions to protect the property rights and other legitimate rights of market entities [1] - The second batch of five typical cases released focuses on how the courts have made rulings that favor the substantive resolution of administrative disputes, enhancing the effectiveness of dispute resolution through various measures [1] - The article highlights the commitment to ensure that the central government's decisions regarding the development of the private economy are effectively implemented [1]
直通部委|个人消费贷款财政贴息方案公布 上半年全国新设经营主体超1300万户
Sou Hu Cai Jing· 2025-08-12 13:47
Group 1: Personal Consumption Loan Subsidy Policy - The Ministry of Finance, People's Bank of China, and Financial Regulatory Bureau issued a subsidy policy for personal consumption loans from September 1, 2025, to August 31, 2026 [1] - The subsidy applies to personal consumption loans used for specific categories such as household vehicles, education, and health care, with a maximum subsidy of 1% per year, not exceeding 50% of the loan contract interest rate [1] - The central and provincial finances will bear 90% and 10% of the subsidy costs, respectively [1] Group 2: Service Industry Loan Subsidy Policy - Nine departments, including the Ministry of Finance, released a subsidy policy for loans to service industry entities in eight sectors, including dining, health, and tourism [2] - The subsidy is capped at 1% per year for a maximum loan amount of 1 million yuan, with the same cost-sharing structure as the personal consumption loan policy [2] - Loan funds must be used for compliant business activities and cannot be diverted for real estate or investment purposes [2] Group 3: Medical Insurance and Commercial Insurance Drug Directory Adjustments - The National Medical Insurance Administration is conducting a preliminary review of drug applications for the 2025 drug directory adjustments [3] - Feedback will be collected during the public review period to finalize the list of drugs that pass the initial review [3] - The process will include expert evaluations and price negotiations for the basic medical insurance directory [3] Group 4: Import Tariff Adjustments on U.S. Goods - The State Council announced adjustments to tariffs on U.S. imports, maintaining a 10% tariff while suspending a 24% tariff for 90 days [5] - This decision aligns with the outcomes of U.S.-China trade talks and is based on relevant laws and international principles [5] Group 5: Agricultural Product Import Tariff Quota Redistribution - The National Development and Reform Commission and the Ministry of Commerce outlined the redistribution of import tariff quotas for agricultural products [9] - Users holding quotas must return any unutilized portions by September 15, with penalties for non-compliance affecting future quota allocations [9] Group 6: New Business Entity Registrations - The State Administration for Market Regulation reported over 13.27 million new business entities registered in the first half of the year, with a notable increase in private and foreign enterprises [12] - The growth reflects a stable trend across various ownership types and sectors, particularly in the service industry [12] - The "Four New" economy enterprises reached 25.36 million, accounting for 40.2% of total enterprises, indicating a shift towards new technologies and business models [12]
纠正违法行政强制行为 最高法发布涉企行政强制典型案例
Xin Hua She· 2025-08-12 08:20
Group 1 - The Supreme People's Court of China released five typical cases involving administrative enforcement against enterprises, demonstrating its commitment to protecting the legal rights of business entities [1] - The cases cover various types of administrative enforcement measures, including the seizure of facilities and property, as well as administrative enforcement and applications for court enforcement [1] - Legal issues reflected in these cases include the exploration and improvement of legal application standards regarding administrative subject qualifications, statutory powers, enforcement basis, enforcement procedures, and protection of reliance interests [1] Group 2 - In a case from Qiqihar, Heilongjiang Province, the local cultural and tourism bureau unlawfully seized five rafting boats from a company for not filing the required records, and the court ruled the seizure illegal due to lack of evidence and exceeding the seizure period [1] - In another case from Xiangfen County, Shanxi Province, a decoration company was penalized for failing to pay wages to migrant workers, but the court ruled against the administrative enforcement application due to the company having settled the owed wages [2] - Data indicates that from 2022 to 2024, approximately 8% of all first-instance administrative cases accepted by courts involve administrative enforcement against enterprises, highlighting the courts' efforts to rectify unlawful administrative measures [2]
中国最高法发布案例 规范涉企行政强制
Zhong Guo Xin Wen Wang· 2025-08-12 05:56
Group 1 - The Supreme People's Court of China released the first batch of typical cases related to administrative enforcement involving enterprises, aiming to standardize administrative enforcement and optimize the legal business environment [1][2] - Since March of this year, a nationwide special action to regulate administrative law enforcement involving enterprises has been fully launched, with an emphasis on judicial review of key areas such as market access, administrative licensing, administrative penalties, administrative enforcement, and administrative compensation [1] - From 2022 to 2024, approximately 8% of all first-instance administrative cases received by courts involve administrative enforcement related to enterprises, highlighting the balance between supporting lawful administrative actions and correcting illegal enforcement measures [1] Group 2 - The five typical cases released include two administrative enforcement measures, two administrative executions, and one non-litigation administrative enforcement case, covering a variety of issues such as property seizure and administrative execution [1][2] - In the case involving a certain new energy company against the market supervision administration of Wenzhou, the court ruled that the seizure was illegal and ordered compensation of 240,000 RMB for shipping losses [1] - In another case concerning a landscaping company against the government of Jinzhou, the court confirmed the government's actions as illegal, thereby protecting the enterprise's rights and preventing operational difficulties [2]
规范涉企行政强制 优化法治化营商环境 最高法发布涉企行政强制典型案例
Yang Shi Wang· 2025-08-12 02:47
Core Viewpoint - The Supreme People's Court emphasizes that the rule of law is the best business environment, highlighting the release of typical administrative enforcement cases to protect the rights and interests of market entities and promote high-quality development of the private economy [1] Group 1: Administrative Enforcement Cases - The Supreme People's Court selected 10 typical administrative enforcement cases involving various types of administrative enforcement measures, including property seizure and administrative execution [1] - The cases cover diverse industries such as greening, telecommunications, tourism, energy, pharmaceuticals, decoration, and cultural dissemination, reflecting the broad scope of administrative management [1] - The cases illustrate significant legal issues, including the exploration and improvement of legal application standards regarding administrative subject qualifications, statutory powers, enforcement basis, enforcement procedures, and protection of legitimate interests [1] Group 2: Case Summaries - Case 1: A rafting company sued the local tourism bureau for unlawfully seizing its property without proper legal basis, resulting in a court ruling that confirmed the seizure was illegal and ordered compensation for losses incurred [3][4][6] - Case 2: A new energy company and its owner contested the local market supervision bureau's seizure of a ship and oil products, with the court ruling that the bureau failed to follow due process, leading to compensation for losses [7][8][9] - Case 3: A greening company challenged the local government’s forced demolition of its property, with the court confirming the demolition was illegal due to lack of proper legal procedures [10][11][12] - Case 4: A telecommunications company contested the unlawful demolition of its facilities by a local street office, resulting in a court ruling that the demolition violated legal procedures [13][14][15] - Case 5: A decoration company faced an administrative penalty for wage arrears but successfully contested the enforcement of the penalty due to the company's timely payment of owed wages, leading to a court ruling against the enforcement [17][18]