私权保护
Search documents
私权保护是最有效的信心助燃剂
第一财经· 2025-11-07 00:00
Core Viewpoint - The article emphasizes the importance of fair and just judicial decisions in enhancing the sense of security and satisfaction among individuals and businesses, particularly in the context of protecting the rights of private enterprises and entrepreneurs [2][3]. Group 1: Judicial Protection of Private Enterprises - The Supreme People's Court has released four classic cases related to the protection of private enterprises and entrepreneurs, highlighting the commitment to fair law enforcement and timely correction of judicial errors [2]. - Recent legal frameworks and guidelines have been introduced to ensure equal protection of state and private assets, reinforcing the legal environment for private rights [3]. - The implementation of these legal protections is crucial for transforming policy benefits into tangible, actionable outcomes for individuals and businesses [3]. Group 2: Impact on Economic Behavior - Fair judicial practices are essential for fostering trust in the legal system, which in turn encourages private enterprises to unleash their entrepreneurial spirit, benefiting shareholders and consumers alike [4]. - The article argues that protecting both reputation and economic interests is vital, necessitating strict regulations on the enforcement of asset seizure and ensuring transparency in the process [4][5]. - The establishment of clear procedures for managing seized assets is necessary to prevent situations where businesses win legal battles but lose their property [5]. Group 3: Broader Implications for Society - The equal protection of public and private rights is seen as a catalyst for confidence in the economy, motivating individuals to engage positively in society [5][6]. - The Supreme Court's recent rulings serve as a message that comprehensive legal protections for private rights can empower individuals to actively contribute to economic growth [6].
一财社论:私权保护是最有效的信心助燃剂
Di Yi Cai Jing· 2025-11-06 13:59
这一系列系统性政策文件和法律法规,为私权保护提供了系统性框架效应、有效的评价认定标准等,这 架起了私权保护的制度桥梁。而这些法律、文件里的利好,要真正转变为具有可操作性、可行和可信的 个体感知,恰恰需要的就是这些坚守罪刑法定原则、刑法谦抑性原则和平等保护原则等的鲜活个案。 注重对国有资产和私有资产平等保护。尊重民营企业家精神。 公平公正的判决传递的是最激动人心的获得感和安全感。 5日最高人民法院发布四个涉民营企业和民营企业家权益保护再审经典案例,包括涉嫌私分国有资产、 合同诈骗、职务侵占的三个刑事和有关合同纠纷等一个民事案例。 这些再审经典案件,再次传递出司法的秉公执法和及时纠错,坚持了司法的罪刑法定原则、刑法的谦抑 性原则和依法平等保护原则,有效地为当事人挽回经济和名义上的损失,彰显了法律的公平公正立场, 以及有错就改和驾驭复杂案件的迎应能力。 当前经济社会环境日益复杂多变。经济处于从投资出口驱动向内需拉动的全面转型期,有些地方希望通 过"远洋捕捞"等手段获取可能的收入来源。 为此,如何科学有效地处理经济社会中现存的、潜在的和可能出现的诸多矛盾,变得尤为关键,而其中 如何更好地发挥司法领域对经济社会的定盘星 ...
以法治精神充分保护民事主体的合法权益
第一财经· 2025-05-30 00:25
Core Viewpoint - The article emphasizes the significance of the Civil Code in protecting the legal rights of civil subjects in China, marking its fifth anniversary since implementation, and highlights its role as a comprehensive legal framework for social life [2][6]. Group 1: Characteristics of the Civil Code - The Civil Code exhibits three main characteristics: targeting, seriousness, and extensibility [3][6]. - Targeting: It provides detailed regulations on personal rights, property rights, and personality rights, establishing a protection logic from birth to death [3]. - Seriousness: The Civil Code demonstrates rigidity in judicial processes, exemplified by a landmark case where a party was ordered to pay 640 million yuan for intellectual property infringement, showcasing the importance of strict intellectual property protection for innovation [4]. - Extensibility: The Civil Code serves as a foundational law that promotes the completeness of the legal system, with new laws like the Private Economy Promotion Law reinforcing its principles [5]. Group 2: Implementation and Impact - The implementation of the Civil Code has led to significant legal outcomes, with over 804,100 cases of personality rights disputes resolved by courts since its enactment [3]. - The Civil Code's independent chapter on personality rights reflects a shift towards comprehensive protection of individual dignity and rights, addressing the evolving needs of society [4][6]. - The ongoing development of specific laws indicates that legal frameworks must adapt to changing circumstances and emerging issues, highlighting the need for a balance between public and private rights [5].
一财社论:以法治精神充分保护民事主体的合法权益
Di Yi Cai Jing· 2025-05-29 14:02
Core Viewpoint - The Civil Code of the People's Republic of China, celebrated its fifth anniversary, has significantly enhanced the protection of civil rights and interests, establishing itself as a comprehensive legal framework for social life [2][6]. Group 1: Characteristics of the Civil Code - The Civil Code exhibits three main characteristics: targeting, seriousness, and extensibility [3]. - Targeting: It provides detailed regulations on personal rights, property rights, and personality rights, establishing a clear framework for rights protection from birth to death [3]. - Seriousness: The Civil Code has shown rigidity in judicial processes, exemplified by a landmark case where a party was ordered to pay 640 million yuan for intellectual property infringement, marking the highest compensation in this field [4]. - Extensibility: The Civil Code serves as a foundational law that promotes the completeness of the legal system, with new laws like the Private Economy Promotion Law enhancing its principles [4][5]. Group 2: Legal Protections and Developments - The Private Economy Promotion Law protects the personal and property rights of private economic organizations and their operators, ensuring that their rights cannot be infringed upon [5]. - The ongoing development of specific laws, despite the clarity of the Civil Code, indicates the evolving nature of legal challenges and the need for continuous legal advancements [5]. - The emphasis on private rights protection, equality, and good faith reflects the Civil Code's role as a fundamental law in the market economy, providing essential guidelines for law enforcement [6].