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规范涉企执法司法,给民营经济发展吃下"定心丸"
Ren Min Wang· 2025-09-18 00:53
Core Viewpoint - The private economy is a vital force in advancing Chinese-style modernization, and regulating enterprise-related law enforcement and judicial actions is crucial for protecting the rights of private enterprises and boosting market confidence [1][10]. Group 1: Regulatory Actions and Legal Cases - On September 17, the Supreme People's Court and the Ministry of Justice jointly released 10 typical cases aimed at standardizing enterprise-related law enforcement and judicial review, covering various administrative management areas such as administrative licensing and penalties [1][10]. - A case involving 103 companies in Jiangsu Province highlighted the importance of ensuring that administrative decisions do not violate procedural laws, leading to the annulment of a decision that revoked building qualifications due to "major procedural violations" [2][3]. - Another case from Heilongjiang Province addressed the issue of administrative bodies unlawfully adding conditions, emphasizing the principle that "no action without authorization" must be adhered to by administrative enforcement agencies [3][4]. Group 2: Principles of Fair Enforcement - The principle of proportionality in penalties was exemplified in a case involving a traditional Chinese medicine clinic, where the administrative review body reduced penalties based on the clinic's status as a first-time offender and its proactive rectification efforts [4][5]. - A construction company case in Sichuan Province illustrated the necessity of reasonable enforcement actions, where the administrative body was found to have overstepped by equating registration behavior with collusion in bidding, leading to the annulment of the penalty [5][6]. Group 3: Commitment to Promises and Compensation - A landmark case involving a real estate company in Henan Province established that administrative bodies must honor their commitments, resulting in a ruling that mandated the government to pay over 8.41 million yuan in compensation for unfulfilled promises [6][7]. - The case involving a public transport group in Jilin Province reinforced the requirement for administrative bodies to fulfill contractual obligations, with the court ordering the government to continue fulfilling its agreement or face compensation [8][9]. Group 4: Overall Impact and Future Directions - The series of cases collectively signal a strong commitment to supervising administrative bodies to ensure lawful conduct and adherence to promises, aiming to create a stable, fair, and transparent legal environment for private enterprises [10][11]. - The ongoing efforts by courts and administrative review bodies will focus on deepening the regulation of enterprise-related law enforcement and promoting substantive resolutions to administrative disputes, thereby supporting the healthy development of the private economy [10][11].