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最高法为民企撑腰,严防趋利性执法
第一财经· 2025-08-13 01:00
2025.08. 13 本文字数:1552,阅读时长大约3分钟 作者 | 一财评论员 日前,最高人民法院发布了《关于贯彻落实〈中华人民共和国民营经济促进法〉的指导意见》(下 称"指导意见"),其中强调,坚持"法定管辖为原则,指定管辖为例外"的基本原则,严防趋利性执 法,坚决纠治对涉民营经济案件扩张管辖、人为制造异地管辖现象。 今年4月最高法发布的《关于坚持严格公正司法规范涉企案件审判执行工作的通知》也强调,要严格 规范涉企案件立案和管辖工作,防止和纠正执法司法中的地方保护主义。其中的重要指向是针对民营 经济在有的领域和有的地方面临的"司法困境"。 程序正义被视为"看得见的正义",管辖是触动程序正义的"第一个按钮"。这个"按钮"选错了,或者人 为制造条件去"错按",那就谈不到实体上的正义。此类案例屡见不鲜,这也是强调从根源上纠治对涉 民营经济案件扩张管辖、人为制造异地管辖现象的意义所在。 为此,一是要充分认识到其中根源所在。 现在对有的地方来说,扩张管辖、人为制造异地管辖已经不单是地方保护主义的工具,更成为牟取相 应利益的渠道。为牟取相应利益,民营企业被视为一块"肥肉"。过去一段时间引起社会广泛关注 的"远洋捕 ...
武大这波争议,比判决更扎心的是沉默
Hu Xiu· 2025-07-31 14:09
Group 1 - The core issue revolves around a sexual harassment case involving a student at Wuhan University, which has escalated into a public controversy following a court ruling that dismissed the harassment claims [2][11][12] - The court found that the accused's actions did not meet the criteria for sexual harassment, leading to public outcry and questions about the university's previous disciplinary actions against the accused [3][17][18] - The university's initial decision to impose a penalty on the accused was seen as a response to public pressure rather than a reflection of the truth, raising concerns about the integrity of its actions [19][20][21] Group 2 - Several alumni from Wuhan University have faced significant challenges in their professional lives, reflecting a broader trend of struggles among graduates from the institution [27][45] - Notable cases include the chairman of a listed company facing legal issues that led to a temporary suspension from his role, and another alumnus whose business empire collapsed due to financial mismanagement [28][34][39] - The narrative of these alumni highlights the complexities of success and failure in the business world, particularly in the context of their educational background and the expectations associated with it [44][47]
武大这波争议,比判决更扎心的是沉默
凤凰网财经· 2025-07-31 13:19
Core Viewpoint - The article discusses the ongoing controversy surrounding Wuhan University, highlighting the tension between procedural justice and public opinion, as well as the struggles faced by alumni in the business world amid recent scandals [4][40]. Group 1: Legal Dispute and Public Reaction - A court ruling on July 25, 2023, dismissed all sexual harassment allegations made by a female student against a male student, leading to public outrage and questions about the university's previous disciplinary actions [3][12]. - The incident began in July 2021 when the female student recorded what she perceived as harassment, but dissatisfaction with the university's response led her to publicize her claims online, igniting a national debate [6][8]. - Following the court's decision, the female student announced her academic success and intentions to continue reporting the male student, which was interpreted as a declaration of victory in a perceived false accusation [14][16]. Group 2: Alumni Struggles - Several alumni from Wuhan University have faced significant legal and financial troubles, contrasting sharply with the university's prestigious reputation [25][40]. - Wang Linpeng, CEO of a listed company, faced a detention notice in April 2025, leading to a drop in stock prices, although he returned to work after the detention was lifted [27][28]. - Yu Lei, chairman of Tianfeng Securities, has been under investigation for alleged misconduct related to the company's IPO, reflecting the challenges faced by alumni in maintaining ethical standards [31]. - Ai Luming, a prominent alumnus, saw his business empire collapse due to financial mismanagement and regulatory scrutiny, culminating in bankruptcy proceedings for his company [36][39]. Group 3: Broader Implications - The controversies surrounding the university and its alumni raise questions about the integrity of educational institutions and their responsibilities in upholding justice and ethical standards [40]. - The article reflects on the broader societal implications of individual choices and the pressures of navigating complex moral landscapes in the business world [40].
小区整层车位被“包场”,机关单位可以“先占先得”吗
Nan Fang Du Shi Bao· 2025-05-09 12:35
Core Viewpoint - The parking issue at Dongguan's Sena City Garden reflects a complex interaction between developers, government agencies, and residents, highlighting the gap between legality and rationality in urban governance [1][2]. Group 1: Legal and Regulatory Aspects - The Dongguan Municipal Bureau of Industry and Information Technology (工信局) has the legal right to lease parking spaces, as supported by the Civil Code and the Guangdong Property Management Regulations [1]. - However, the principle of "owner priority" was overlooked in this case, raising concerns about procedural justice and the credibility of the legal framework [1]. Group 2: Political and Ethical Considerations - The political nature of the Bureau's actions is significant; while legally justified, the presence of government vehicles in exclusive parking spaces during peak hours contrasts with the public service ethos [2]. - The Bureau should prioritize higher ethical standards than commercial entities, especially during times of public need [2]. Group 3: Proposed Solutions and Community Engagement - A preliminary plan suggests sharing 50-70 parking spaces with residents to alleviate parking difficulties caused by municipal construction [3]. - There is a need for better communication between government departments and local communities to prevent reliance on media exposure for information dissemination [3].
特朗普政府让步,恢复留学生身份,司法反转是喜是愁?
Nan Fang Du Shi Bao· 2025-05-01 14:24
Core Viewpoint - The administrative order from the U.S. Department of Homeland Security in April 2025 has plunged over 4,700 international students into an identity crisis, highlighting the arbitrary nature of policy enforcement and judicial processes in U.S. immigration history [1][2]. Group 1: Incident Overview - In March 2025, the Trump administration initiated a "criminal screening" operation targeting international students, resulting in the termination of SEVIS records for over 4,700 students since January 20, 2025, leading to loss of legal status and visa revocation [2][3]. - Many students were caught off guard, with some unaware of their SEVIS termination until notified by their schools, creating widespread panic within the international student community [2][3]. Group 2: Legal Response and Developments - In response to perceived injustices, international students began filing lawsuits against the Trump administration, with many judges siding with the students on grounds of "procedural injustice" [4]. - On April 25, 2025, the Trump administration temporarily restored the SEVIS records of some students, indicating a shift in policy following legal pressures, although concerns about ongoing risks remained [4][5]. Group 3: Ongoing Concerns and Future Implications - Despite some students regaining legal status, uncertainty persists as the government retains the authority to terminate SEVIS records for various reasons, leaving many students cautious and anxious [5][6]. - The incident has prompted some students to consider accelerating their graduation or transferring to institutions in other countries due to fears of further policy changes [6][8]. Group 4: Broader Context and Reactions - The incident reflects deeper issues within U.S. immigration policy under the Trump administration, which has focused on strict measures against both illegal and legal immigrants, impacting the academic environment [6][7]. - Prominent universities, including Harvard, have publicly opposed the government's actions, emphasizing the need to protect academic independence and constitutional rights [7][8].