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最高法:平等保护国企民企合法权益
Core Viewpoint - The Supreme People's Court has released seven typical civil and commercial cases to ensure equal legal protection of private enterprises' legitimate rights and interests, addressing issues such as financing difficulties and high costs for private enterprises [1][2]. Group 1: Legal Protection of Private Enterprises - The Supreme People's Court emphasizes the need to standardize the behavior of financial institutions to alleviate the financing challenges faced by private enterprises [2]. - The released cases cover various aspects, including optimizing the financing environment, activating limited liability for shareholders, addressing historical issues, and protecting corporate reputation [1][2]. - The principle of equal protection under the law is reinforced, ensuring that both state-owned and private enterprises' rights are safeguarded without retroactive application of laws [3][4]. Group 2: Encouraging Investment and Entrepreneurship - The court aims to enhance the confidence of private enterprises in investment and entrepreneurship by strictly adhering to the limited liability system for shareholders [4]. - Legal measures are in place to hold controlling shareholders accountable for any misuse of their position, thereby protecting the interests of honest investors [4]. - The cases illustrate a commitment to reducing operational costs for enterprises and maintaining the integrity of corporate reputation, which is crucial for fostering a favorable business environment [5].
事关民企融资难、融资贵!最高法发布7大案例
Core Viewpoint - The Supreme People's Court has released seven typical civil and commercial cases to ensure equal protection of the legitimate rights and interests of private enterprises, addressing issues such as financing difficulties and enhancing investor confidence in the private sector [1][3]. Group 1: Regulation of Financial Institutions - The court aims to regulate financial institutions to alleviate the financing difficulties and high costs faced by private enterprises, ensuring compliance with national financial regulatory policies [3]. - In a case involving a bank and a real estate development company, the court ruled against the bank for charging excessive fees not aligned with the services provided, thereby reducing the financing costs for the borrower [3]. - Another case highlighted the court's stance on fair treatment, where a bank's premature loan termination was deemed a violation of good faith and fairness principles, reinforcing the protection of borrowers [4]. Group 2: Equal Protection of State-owned and Private Enterprises - The court emphasizes the principle of non-retroactivity in law, ensuring equal protection for both state-owned and private enterprises in legal proceedings [6]. - In a dispute involving a state-owned enterprise and a private developer, the court upheld the rights of the state-owned enterprise while recognizing the private company's faults, demonstrating a balanced approach to rights protection [6][7]. - The court addresses complexities in corporate restructuring, ensuring that the rights and obligations are clearly defined while preventing undue burdens on private enterprises [6]. Group 3: Maintenance of Limited Liability for Shareholders - The court's enforcement of the limited liability system is crucial for boosting investor confidence in private enterprises, ensuring the separation of personal and corporate liabilities [9]. - In a case involving an investment company, the court protected the rights of a shareholder who had fulfilled their capital contribution obligations, preventing them from being added as a defendant in a debt recovery case [9]. - The court also aims to prevent the misuse of power by controlling shareholders and ensuring that legitimate shareholders' rights are safeguarded, thereby encouraging investment and entrepreneurship [9]. Group 4: Innovative Execution Measures - The court has introduced innovative execution measures to protect the credit of private enterprises, ensuring that enforcement actions do not disrupt business operations or harm the company's reputation [10].
最高法发布典型民商事案例依法平等保护民营企业合法权益
Xin Hua She· 2025-12-04 13:31
Group 1 - The Supreme People's Court released 7 typical civil and commercial cases that demonstrate the equal protection of the legal rights of private enterprises, reflecting the court's efforts to promote the healthy development of the private economy [1] - The cases cover various aspects such as optimizing the financing environment, activating shareholder limited liability, addressing historical legacy issues, and protecting the reputation and credit of enterprises [1] - A specific case involving a bank and a real estate development company highlighted the issue of excessive financing costs, where the court ruled to deduct an unjustified "financing commitment fee" from the loan principal, thus reducing the financial burden on the borrower [1] Group 2 - In the process of enterprise restructuring, disputes arising from unclear debt definitions and asset transfers can hinder the development of private enterprises [2] - A case involving an asset management company and a trading company effectively separated debts that should not be borne by the private enterprise, helping to resolve long-standing historical issues for local governments and allowing private enterprises to move forward [2] - The cases also illustrate the court's commitment to maintaining the limited liability system for shareholders, thereby enhancing the investment and entrepreneurial confidence of private enterprises [2]
最高法发布七大典型案例!相关部门答中证报记者问
Core Viewpoint - The Supreme People's Court has released seven typical civil and commercial cases to ensure equal legal protection for the legitimate rights and interests of private enterprises, addressing issues such as financing difficulties and costs [1][2]. Group 1: Legal Protection for Private Enterprises - The seven typical cases cover various aspects including optimization of the financing environment, activation of shareholder limited liability, resolution of historical issues, and protection of corporate reputation [2][3]. - The court emphasized the principle of equal protection for both state-owned and private enterprises, ensuring that legal rights are upheld without retroactive application of laws [3][4]. Group 2: Financial Institution Regulation - The court ruled against a bank that charged a "financing commitment fee" of 10 million yuan before providing a loan of 350 million yuan, deeming it a violation of transparency and fairness principles [2][3]. - In another case, a bank's demand for early loan repayment was rejected as the borrower had only a minor delay in interest payment, reinforcing the boundaries of financial institutions' rights [3][4]. Group 3: Shareholder Limited Liability - The court upheld the limited liability of shareholders, protecting those who have fulfilled their investment obligations from being added as defendants in execution cases, thereby encouraging investment and entrepreneurship [4][5]. - The court is committed to maintaining the independence of corporate assets and holding controlling shareholders accountable for any misuse of their position [4]. Group 4: Innovative Execution Measures - The court implemented pre-execution measures in a contract dispute case to ensure that the winning party could access their rights without jeopardizing their financial stability, promoting a win-win resolution [4]. - The focus is on creating a fair and predictable legal environment to support the sustainable and high-quality development of the private economy [5][6]. Group 5: Collaboration with Business Associations - The All-China Federation of Industry and Commerce plans to strengthen communication and collaboration with the Supreme People's Court to support the healthy development of the private economy [6]. - The federation's surveys indicate that the legal environment has consistently ranked high among various factors affecting business operations, reflecting the courts' commitment to their responsibilities [6].