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多位民营企业家,改判无罪
中国基金报· 2025-11-06 06:21
Core Viewpoint - The Supreme People's Court emphasizes the importance of correcting wrongful cases involving enterprise property rights through retrials, which is crucial for protecting the rights of private enterprises and entrepreneurs [2]. Group 1: Characteristics of Typical Cases - The typical cases released by the Supreme People's Court adhere to the principle of legality in criminal law, ensuring that the recognition of criminal acts is based on clear legal standards [3]. - The cases reflect the principle of criminal law's restraint, distinguishing between economic disputes and economic crimes, thus preventing the misuse of criminal law in economic conflicts [4]. - The principle of equal legal protection is upheld, ensuring that both private and state-owned enterprises are treated equally under the law, contributing to a unified national market and a law-based business environment [5]. Group 2: Case Summaries - In the case of Xie et al., the retrial determined that the defendants did not violate the revised Company Law regarding registered capital, leading to the conclusion that they should not bear criminal responsibility for falsely reporting registered capital [6][8]. - In the case of Ye, the retrial found that although he forged a receipt, he did not have the intent to illegally possess others' property, thus he was not guilty of contract fraud [10][12]. - In the case of Dou, the retrial concluded that the mixing of personal and company assets made it difficult to establish a clear distinction between personal and company property, leading to a not guilty verdict for embezzlement and misappropriation of funds [14][16]. - In the case of Shi and Wang, the retrial clarified the conditions under which the transfer of equity occurred, correcting the previous judgment and ensuring that the rights of private entrepreneurs were upheld [19][21]. Group 3: Significance of Typical Cases - The cases illustrate the necessity of distinguishing between economic disputes and criminal acts, reinforcing the legal protection of entrepreneurs and enhancing their sense of security [13]. - The retrials demonstrate a careful examination of the relationship between personal and company assets, emphasizing the need for clear property rights in cases of financial crimes [18]. - The rulings reflect a commitment to equal legal treatment for all market participants, fostering a supportive environment for private enterprises and contributing to high-quality economic development [22].