民营经济促进法

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以法治化营商环境助推民营经济发展行稳致远(深入学习贯彻习近平新时代中国特色社会主义思想·习近平法治思想学习贯彻众论)
Ren Min Ri Bao· 2025-09-22 22:21
Core Viewpoint - The private economy is a vital force in advancing Chinese-style modernization and high-quality development, necessitating a legal framework to support its growth [1][2][3] Group 1: Legal Environment and Private Economy - The construction of a legal business environment is an inherent requirement for the growth of the private economy, as a higher level of legal governance leads to safer transactions and more stable expectations for entrepreneurs [2][3] - The Private Economy Promotion Law emphasizes equal treatment and fair competition for private enterprises, which is essential for optimizing the legal business environment [3][4] Group 2: Protection of Rights and Interests - A legal business environment provides crucial protection for the legitimate rights and interests of private enterprises, ensuring they receive equal legal protection in their investment activities [4][5] - The Constitution mandates the protection of individual and private economic rights, reinforcing the need for a fair legal framework that supports private enterprises [4][5] Group 3: Stability and Predictability - A stable legal environment is fundamental for maintaining the development expectations of private enterprises, as it reduces uncertainties and encourages investment and production expansion [5][6] - Enhancing the legal business environment helps establish a good economic and social order, which is vital for stabilizing expectations and boosting entrepreneurial confidence [5][6] Group 4: Innovation and Creativity - The legal business environment supports innovation by providing a predictable legal framework that encourages private enterprises to engage in technological advancements [7][8] - Private enterprises contribute significantly to technological innovation, accounting for over 70% of such achievements in China, highlighting the importance of a supportive legal environment for fostering innovation [7][8] Group 5: Legislative and Regulatory Framework - The legal framework for the business environment has been strengthened through various laws and regulations, including the 2020 "Optimizing Business Environment Regulations" and the 2021 Civil Code [9][10] - Continuous legislative efforts aim to ensure equal treatment of state-owned and private enterprises, providing a solid legal basis for the high-quality development of the private economy [9][10] Group 6: Enforcement and Compliance - Regulatory enforcement has been improved to reduce the compliance burden on enterprises, with measures such as the introduction of a list of minor violations that are not penalized [10][11] - The focus on fair and transparent enforcement practices is essential for protecting the rights of private enterprises and fostering a conducive business environment [10][11] Group 7: Judicial Support - The judicial system plays a critical role in ensuring fair competition and resolving disputes, with efforts to enhance judicial efficiency and fairness in handling commercial cases [11][12] - The establishment of mediation platforms and improved bankruptcy processes are part of the ongoing efforts to support private enterprises in resolving conflicts [11][12] Group 8: Awareness and Education - Promoting legal awareness among enterprises is crucial for fostering a culture of compliance and reducing transaction costs, thereby enhancing the overall business environment [12][13] - Initiatives such as legal education campaigns and public legal services aim to improve the legal literacy of private enterprises and their stakeholders [12][13] Group 9: Future Directions - Continuous improvement of the legal business environment is necessary to meet the evolving needs of the private economy, ensuring fair access to resources and protection of rights [13][14] - Emphasis on protecting legitimate rights and interests, along with regulatory compliance, will be key to sustaining the growth of the private economy in the long term [14][15]
高质量完成“十四五”规划|为书写“两大奇迹”新篇章提供有力保障——“十四五”时期法治中国建设取得突破性进展、历史性成就
Xin Hua She· 2025-09-12 11:44
Group 1 - The core viewpoint emphasizes that the construction of a rule-of-law China during the "14th Five-Year Plan" period has achieved significant progress and historical achievements, providing strong support for the new chapter of writing the "two miracles" of rapid economic development and long-term social stability [1][2] - Legislative achievements during the "14th Five-Year Plan" include the enactment of 36 new laws and amendments to 63 laws, focusing on key issues such as promoting the private economy and ensuring food security [2][3] - The establishment of 54 grassroots legislative contact points has facilitated the collection of over 35,000 opinions on various legislative matters, enhancing public participation in the legislative process [3] Group 2 - The judicial system has strengthened the protection of social fairness and justice, with courts concluding 5.231 million criminal cases and 23.466 million civil cases related to people's livelihoods during the "14th Five-Year Plan" [4] - The prosecution has actively supervised legal proceedings, with 194,000 cases initiated due to failures to file by investigative agencies and 96,000 suggestions for retrials and appeals made [5] - The judicial administrative agencies have resolved over 79 million disputes with a success rate exceeding 95%, showcasing their role in multi-faceted dispute resolution [6] Group 3 - Law enforcement has been enhanced to protect various business entities, with 49,000 criminal law enforcement issues addressed to create a law-based business environment [7] - The prosecution has handled 348,000 public interest litigation cases in the ecological environment sector, with 90% being administrative public interest cases, contributing to environmental protection efforts [8] - The police have implemented measures to address new security challenges, including cross-border gambling and online violence, while the Supreme Court aims to strengthen the enforcement of personal rights protections in the digital economy [9]
★2025年度立法工作计划敲定 金融稳定法在列
Zheng Quan Shi Bao· 2025-07-03 01:56
Legislative Developments - The National People's Congress (NPC) Standing Committee has scheduled 14 legal proposals for continued review and 23 for initial review in 2025, including the Private Economy Promotion Law and Financial Law [1] - The Private Economy Promotion Law is expected to advance with a third draft review scheduled for April 27-30, aiming to enhance the legal environment for the healthy and high-quality development of the private economy [1] - The Financial Law and Financial Stability Law are also under scrutiny, with the People's Bank of China advocating for their expedited introduction to strengthen financial risk management [2] Financial Regulatory Framework - The current financial legal framework in China is characterized by fragmentation and lacks a comprehensive foundational law to unify and coordinate various financial regulations [2] - International experience suggests that many developed economies have achieved regulatory unity through foundational financial legislation, which China is encouraged to consider [2] - The People's Bank of China Law, established in 1995, has not undergone significant revision since 2003, indicating a need for updates to address existing gaps in monetary policy and financial stability [3]
在法治轨道上更好促进“两个健康”
Ren Min Ri Bao· 2025-07-01 22:01
Core Points - The implementation of the Private Economy Promotion Law on May 20, 2025, marks a significant milestone in the development of the private economy in China, providing a solid legal guarantee for its growth [1][3] - The law emphasizes the importance of the All-China Federation of Industry and Commerce (ACFIC) in promoting the healthy development of the private economy and the growth of private entrepreneurs [1][3] Group 1: Legal Framework and Guidance - The Private Economy Promotion Law is guided by Xi Jinping's thoughts on socialism with Chinese characteristics and aims to promote the "two healthy" objectives, solidifying the legal status of the private economy [3][4] - The law encapsulates the Party and the state's major policies regarding the development of the private economy, demonstrating a firm commitment to its growth [3][4] Group 2: Role of ACFIC - ACFIC serves as a crucial link between the Party, government, and private entrepreneurs, with a primary responsibility to enhance ideological and political guidance for private economic actors [4][5] - The law provides a legal basis for ACFIC to fulfill its mission of promoting the "two healthy" objectives, ensuring that private entrepreneurs understand and comply with the evolving legal framework [4][5] Group 3: Policy Implementation and Support - The law outlines systematic arrangements for fair competition, investment promotion, technological innovation, and rights protection, addressing the real concerns of private enterprises [5][6] - It emphasizes the need for ACFIC to collaborate with government departments to ensure the effective implementation of policies that support the private economy [5][6] Group 4: High-Quality Development - The law highlights the importance of high-quality development as a primary task in building a modern socialist country, encouraging private enterprises to focus on quality and innovation [7][8] - It includes specific provisions to support technological innovation, aiming to enhance the internal development dynamics and innovation capabilities of private enterprises [7][8]
“十四五”法治建设护航高质量发展,下一个五年如何应对新挑战|“十四五”规划收官
Di Yi Cai Jing· 2025-06-26 12:12
Group 1: Legal Framework for High-Quality Development - The establishment of the "Private Economy Promotion Law" is timely and aims to strengthen the legal protection for the development of the private economy amidst economic pressures [1][2] - The "14th Five-Year Plan" emphasizes the need for comprehensive legal governance, including enhancing the legal environment for private enterprises and improving legislation in key and emerging fields [2][3] - The "Private Economy Promotion Law" highlights principles of "equal treatment" and "fair competition," ensuring that both state-owned and private enterprises are treated equally under the law [2][3] Group 2: Legislative Developments - The "Company Law" underwent a comprehensive revision in 2023, focusing on optimizing corporate governance and enhancing shareholder rights protection [3] - Several laws related to economic high-quality development, such as the "Rural Collective Economic Organization Law" and the "Value-Added Tax Law," have been introduced or revised during the "14th Five-Year Plan" period [3] - New regulations in emerging fields, such as the "Network Data Security Management Regulations," have been established to address issues related to data security and artificial intelligence [4] Group 3: Foreign-related Legislation - The "14th Five-Year Plan" has accelerated the process of foreign-related legislation, with laws like the "Foreign Relations Law" and "Anti-Foreign Sanctions Law" being enacted [6] - As of January 2025, there are 54 specialized foreign-related laws and over 90 foreign-related administrative regulations in effect [6] - The focus of foreign-related legislation is shifting from framework establishment to refining existing rules and addressing specific legislative gaps [6] Group 4: Governance and Regulatory Environment - The "14th Five-Year Plan" outlines the need for a law-based government and emphasizes the importance of administrative law enforcement reform to create a fair business environment [7][8] - Recent initiatives have aimed to standardize administrative penalties and reduce unnecessary inspections on enterprises, thereby alleviating their operational burdens [8][9] - A nationwide campaign has been launched to address issues such as arbitrary fees and inspections, with significant financial recoveries reported for affected businesses [9] Group 5: Future Legal Construction - The upcoming "15th Five-Year Plan" will focus on addressing new challenges in legal construction, particularly in emerging fields like artificial intelligence and digital economy [10][13] - The establishment of a legal framework for artificial intelligence is seen as essential for ensuring high-quality development and safety [10][11] - The need for a coordinated legal governance system that addresses the unique aspects of artificial intelligence and related technologies is emphasized [12][13]
首部民营经济专门法出台 护航民企专心谋发展
Zhong Guo Fa Zhan Wang· 2025-05-08 02:21
Core Viewpoint - The "Private Economy Promotion Law" is China's first foundational law specifically aimed at the development of the private economy, focusing on fair competition, investment financing, technological innovation, and the protection of rights and interests, set to take effect on May 20 this year [2][5]. Group 1: Legislative Background - The law was proposed and included in the legislative work plans of the National People's Congress and the State Council, with a drafting team formed by 17 central units to conduct thorough research and solicit public opinions [4]. - The law underwent three rounds of review by the National People's Congress in less than 18 months, indicating its significant importance and strong consensus in the legislative process [4]. Group 2: Importance of the Law - The law transforms the policies and practices supporting the private economy into a legal framework, emphasizing equal treatment, fair competition, and the protection of private enterprises [5][6]. - It marks a milestone in the history of private economic development in China, establishing a legal basis for the private economy as a vital component of the socialist market economy [6]. Group 3: Key Provisions - The law consists of 9 chapters and 78 articles, covering general principles, fair competition, investment promotion, technological innovation, operational standards, service guarantees, rights protection, legal responsibilities, and supplementary provisions [6][7]. - Fair competition is highlighted as a fundamental principle, with specific regulations ensuring equal participation of all economic entities in the market [6][7]. Group 4: Implementation and Support - The law addresses common concerns of private enterprises regarding market access, resource allocation, rights protection, and enforcement of laws, establishing clear legal responsibilities for violations [7][9]. - The government plans to enhance the legal framework and ensure effective implementation of the law, promoting a favorable environment for private enterprises to operate [9][10].
赵乐际主持十四届全国人大常委会第十五次会议闭幕会并作讲话
Xin Hua She· 2025-04-30 08:40
Group 1 - The National People's Congress (NPC) Standing Committee has passed the Private Economy Promotion Law, which aims to promote the development of the private economy by ensuring equal treatment, fair competition, and protection of rights [2] - The law includes provisions on market access, resource guarantees, standardized operations, service support, and rights protection, contributing to the establishment of a high-level socialist market economy [2] - The NPC is also working on compiling an ecological environment code, which reflects the principles of ecological civilization and aims to ensure sustainable environmental development [2][3] Group 2 - The newly revised Infectious Disease Prevention Law provides a more comprehensive legal framework for enhancing public health risk management and disease prevention [3] - The NPC has conducted reviews of various legislative drafts, including the Atomic Energy Law and the Arbitration Law, emphasizing the importance of thorough research and improvement of these drafts [3] - The NPC is focused on deepening ecological civilization reforms and improving environmental quality, as well as enhancing supervision of state asset management [3][4]
2025年度立法工作计划敲定 金融稳定法在列
Zheng Quan Shi Bao· 2025-04-25 20:16
Group 1: Legislative Developments - The National People's Congress (NPC) Standing Committee has scheduled 14 legal proposals for continued review and 23 for initial review in 2025, including the Private Economy Promotion Law and Financial Law [1] - The Private Economy Promotion Law is expected to advance with a third draft review scheduled from April 27 to 30, aiming to enhance the legal environment for the healthy and high-quality development of the private economy [1] - The NPC Standing Committee emphasizes the necessity and significance of establishing the Private Economy Promotion Law to ensure legal stability and long-term benefits [1] Group 2: Financial Legislation - The Financial Law and Financial Stability Law are under close scrutiny, with the People's Bank of China (PBOC) pushing for the expedited introduction of the Financial Stability Law [2] - Current financial laws in China, such as the Securities Law and PBOC Law, exhibit a fragmented and localized structure, lacking a comprehensive foundational law to unify regulation across sectors [2] - Suggestions have been made to draw from international experiences to create a Financial Law that enhances China's influence in international financial regulations and strengthens legal safeguards for financial supervision [2] Group 3: PBOC Law Revision - The PBOC Law, established in 1995, has only undergone one major revision in 2003, and there are calls for its urgent amendment to address deficiencies in monetary policy and financial stability [3] - Current issues identified in the PBOC Law include inadequate statutory responsibilities and insufficient legal mechanisms for effective governance [3] - Recommendations have been made to accelerate the legislative process for revising the PBOC Law to solidify the outcomes of institutional reforms [3]
金融法、托育服务法……2025国家立法抢鲜看!
21世纪经济报道· 2025-03-08 02:03
Group 1 - The core viewpoint of the article emphasizes the legislative focus for 2025, particularly in enhancing the legal framework for the socialist market economy and promoting private sector development [1][2][3] - Key laws to be formulated include the Private Economy Promotion Law, National Development Planning Law, and Financial Law, which aim to strengthen the legal environment for economic activities [1][3] - Amendments to existing laws such as the Anti-Unfair Competition Law, Bankruptcy Law, and Banking Supervision Law are also highlighted, indicating a comprehensive approach to legal reform [1][4] Group 2 - The report outlines the intention to advance legislation in social and cultural areas, including the Law on Legal Education and the Childcare Services Law, reflecting a commitment to social welfare [1][4] - Additional legislative efforts will focus on public health and safety, with laws such as the Public Health Emergency Response Law and Food Safety Law being prioritized for modification [5][6] - The ongoing work on the compilation of the Ecological Environment Code and the establishment of a National Park Law indicates a strong emphasis on environmental protection and sustainability [5]