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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
Core Viewpoint - The article discusses the Supreme People's Court's recent guidelines aimed at addressing the issues of jurisdiction expansion and the artificial creation of cross-regional jurisdiction in cases involving private enterprises, emphasizing the need for procedural justice and transparency in the handling of such cases [2][5]. Group 1: Jurisdiction Issues - The guidelines stress the principle of "legal jurisdiction as the norm, designated jurisdiction as an exception," aiming to prevent profit-driven law enforcement and rectify the expansion of jurisdiction in cases involving private enterprises [2][5]. - There is a recognition that the expansion of jurisdiction and artificial cross-regional jurisdiction have become tools for local protectionism and channels for profit, with private enterprises viewed as lucrative targets [3][4]. - The improper handling of case-related assets is identified as a core issue, where jurisdiction serves as a seemingly legitimate opportunity for the mishandling of these assets [4][5]. Group 2: Enforcement Measures - The implementation of the Private Economy Promotion Law, effective from May, includes clear regulations on cross-regional law enforcement, requiring adherence to legal authority, conditions, and procedures [5][6]. - The Supreme People's Court and the Supreme People's Procuratorate have both emphasized the need for strict examination and legal handling of jurisdiction disputes to prevent illegal cross-regional law enforcement [5][6]. - Collaboration among various governmental and judicial bodies is highlighted as essential for addressing the prominent issues in law enforcement related to private enterprises [6][7].
一财社论:最高法为民企撑腰,严防趋利性执法
Di Yi Cai Jing· 2025-08-12 13:14
Group 1 - The core issue of jurisdiction expansion and artificial cross-regional jurisdiction lies in the handling of the property involved in the case, as jurisdiction merely provides a seemingly legal opportunity for improper disposal of the property [1][2] - The Supreme People's Court emphasizes the principle of "legal jurisdiction as the norm, designated jurisdiction as an exception" to prevent profit-driven law enforcement and to correct the expansion of jurisdiction in cases involving the private economy [1][3] - There is a need for transparency in the administrative and judicial environment, particularly regarding the return of confiscated assets to local departments after they are submitted to the national treasury [2] Group 2 - The implementation of the Private Economy Promotion Law since May has set clear regulations for cross-regional law enforcement, requiring adherence to legal authority, conditions, and procedures [3] - The Supreme People's Court and the Supreme People's Procuratorate have both highlighted the need for strict examination and legal handling of jurisdiction objections to prevent illegal cross-regional law enforcement [3][4] - Collaboration among various governmental bodies, including the judiciary and administrative agencies, is essential to address prominent issues in law enforcement related to enterprises [4][5]
司法部副部长王振江:坚决遏制趋利性执法 切实依法保护民营经济组织及其经营者合法权益
news flash· 2025-05-08 03:20
Core Viewpoint - The Ministry of Justice aims to enhance the complaint and reporting mechanism for illegal administrative enforcement actions, ensuring timely handling of complaints related to enterprises [1] Group 1 - The establishment of a mechanism for handling complaints and reports regarding illegal administrative enforcement actions will be promoted [1] - Administrative enforcement supervision contact points will be set up to gather feedback from various business entities on administrative enforcement [1] - The introduction of an administrative enforcement supervisor system will involve participation from representatives of the National People's Congress, political advisors, public supervisors, experts, scholars, lawyers, and journalists [1] Group 2 - There is a commitment to curb profit-driven enforcement practices and to protect the legitimate rights and interests of private economic organizations and their operators [1]