趋利性执法司法
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最高法发文规范涉企案件审判执行工作
Di Yi Cai Jing· 2025-04-27 08:04
Core Viewpoint - The Supreme People's Court has issued a notification emphasizing the prevention of illegal extraterritorial law enforcement and profit-driven judicial practices, addressing local protectionism in handling enterprise-related cases [1][4]. Group 1: Legal Framework and Guidelines - The notification mandates the strict implementation of the case registration system, ensuring the protection of parties' litigation rights and prohibiting delays or selective case registrations [2][5]. - It emphasizes the principle of legal jurisdiction, prohibiting the expansion of jurisdiction for profit-driven purposes and ensuring that civil cases are not dismissed under criminal pretenses [2][4]. - The notification highlights the need to distinguish between economic disputes and criminal offenses, reinforcing legal principles such as equality before the law and the presumption of innocence [5][6]. Group 2: Addressing Local Protectionism - The issue of local protectionism in the judiciary is underscored, with calls for reforms to ensure the uniform application of national laws and to mitigate the influence of local interests [4][6]. - The notification reiterates the importance of preventing the artificial creation of extraterritorial jurisdiction and the expansion of jurisdiction based on local interests [4][5]. - Legal experts have pointed out that the misuse of jurisdiction is often linked to local protectionism, particularly in cases involving online and economic crimes [2][3]. Group 3: Enforcement Measures - The notification specifies the need for precise application of asset seizure and freezing measures, ensuring that such actions do not unduly impact normal business operations [6]. - It calls for the differentiation between illegal gains and legitimate assets, prohibiting the seizure of unrelated properties [6]. - The notification also emphasizes the need for fair judicial review of administrative cases involving enterprises, aiming to rectify issues such as arbitrary fines and inspections [6].
让趋利性执法司法无处遁形(金台锐评)
Ren Min Ri Bao· 2025-04-23 22:07
Core Points - The Supreme People's Procuratorate has initiated a nationwide special supervision work focusing on illegal cross-regional law enforcement and profit-driven law enforcement, emphasizing the supervision of criminal cases involving enterprises [1][2] - Profit-driven law enforcement refers to illegal activities disguised as law enforcement actions aimed at obtaining economic benefits, which can include arbitrary arrests, asset seizures, and misclassification of legal disputes [1] - The central government has consistently prioritized the issue of profit-driven law enforcement, implementing a series of measures to regulate law enforcement and oversight behaviors related to enterprises [2] Group 1 - The focus of the special supervision work includes enhancing the supervision of criminal case filings and coercive measures related to enterprises [1] - The government aims to curb profit-driven law enforcement practices that undermine the legitimate rights of business entities and disrupt the business environment [1][2] - A multi-faceted supervisory network is proposed, involving party supervision, legislative oversight, legal supervision, and social supervision to effectively constrain law enforcement powers [2] Group 2 - Digital technology is being leveraged to enhance the precision and efficiency of supervision, with initiatives like the administrative law enforcement supervision big data platform in Zhejiang [3] - The implementation of intelligent regulatory systems aims to reduce redundant inspections and multiple law enforcement actions, showcasing a shift towards digital governance [3] - The goal is to establish "sunshine law enforcement" and "transparent justice" as norms, thereby eliminating profit-driven law enforcement practices and reinforcing the rule of law in China [3]
代表委员建言加强民企司法保护: 从源头治理涉企执法乱象 让企业轻装上阵安心经营
Zheng Quan Shi Bao Wang· 2025-03-07 23:43
Core Viewpoint - The Chinese government is focusing on improving the legal environment for private enterprises, emphasizing the need to address issues related to overdue payments and the phenomenon of profit-driven law enforcement during the National People's Congress this year [1][2]. Group 1: Legal Framework and Enforcement - The introduction of the "Fair Competition Review Regulations" and the acceleration of the legislation process for the Private Economy Promotion Law are key developments in enhancing legal protections for private enterprises [1]. - The Supreme People's Procuratorate has identified profit-driven law enforcement as a significant issue that undermines the business environment and judicial credibility, with ongoing efforts to establish institutional safeguards against such practices [2][3]. - Recommendations include refining criminal procedural regulations, improving oversight mechanisms, and establishing accountability and compensation systems to address profit-driven law enforcement [2][3]. Group 2: Addressing Overdue Payments - The government aims to stimulate the vitality of various business entities by effectively addressing overdue payments owed to enterprises, which is seen as a critical factor for economic growth [4]. - A long-term regulatory mechanism is necessary to tackle the issue of overdue payments, with suggestions for a legal framework that includes auditing and performance evaluation [4][5]. - The establishment of a national platform for overdue payment registration and complaints is recommended to enhance transparency and provide a channel for small and medium-sized enterprises [5]. Group 3: Supporting Private Enterprises - Private enterprises are recognized as vital players in technological innovation, but they often face legal ambiguities that hinder their business operations [6]. - The judicial reforms outlined in the "Sixth Five-Year Reform Outline (2024-2028)" aim to clarify the legal boundaries for business activities and enhance the protection of entrepreneurs' rights [6][7]. - Emphasis is placed on the principle of "law without prohibition is permissible," encouraging private enterprises to innovate without fear of legal repercussions [6][7].
专访全国政协委员、金杜律师事务所高级合伙人张毅:建议将“内卷式”竞争纳入信用评级
证券时报· 2025-03-07 05:58
Core Viewpoint - The article emphasizes that the rule of law is the best business environment, highlighting the ongoing legislative process of the Private Economy Promotion Law, which aims to enhance the legal status and protection of the private economy in China [1][2]. Summary by Sections Legislative Progress - The Private Economy Promotion Law draft is undergoing its second review, with improvements noted in its execution and specificity regarding various issues faced by private enterprises [1][3]. Key Highlights of the Law - The law establishes fundamental principles such as equal treatment, fair competition, and equal protection, affirming the legal status of the private economy as a vital component of the socialist market economy [3]. - It includes detailed provisions addressing specific challenges faced by private enterprises, enhancing its enforceability and protective measures [3][4]. Legal and Regulatory Recommendations - There is a suggestion to further refine the legal responsibilities concerning accountability for violations, enhancing the law's deterrent effect [4]. - The principle of "law permits what is not prohibited" should guide private enterprises in their innovative business practices, ensuring they do not fear legal repercussions as long as they operate within legal boundaries [5]. Addressing Enforcement Issues - Recommendations include strictly limiting the authority to freeze corporate bank accounts, ensuring that such measures are necessary, reasonable, and proportionate [8]. - There is a call for clearer regulations regarding the restriction of personal freedom for corporate leaders to prevent operational disruptions [9]. Tackling "Involution" Competition - "Involution" competition is identified as a form of unfair competition, primarily driven by leading companies abusing their market dominance, which threatens the survival of smaller enterprises and harms consumer interests [13]. - A multi-faceted approach is suggested to combat "involution" competition, including strict enforcement of antitrust laws and enhancing corporate credit evaluation systems [14]. Bankruptcy Law Revisions - The article highlights the need for improvements in the bankruptcy law, particularly in the areas of bankruptcy liquidation and reorganization, to better protect creditor and consumer rights while promoting economic development [15].