Protect the property rights of private enterprises and the legitimate rights and interests of entrepreneurs in accordance with the law

2023-10-11

The Guiding Opinions of the Supreme People's Court on Optimizing the Legal Environment and Promoting the Development and Growth of Private Economy were released on the 10th. The opinions adhere to the principle of comprehensive implementation of equal protection in accordance with the law, and will ensure that all types of market entities have equal litigation status and rights throughout the entire process of filing, trial, and execution. We will use the rule of law to promote the growth, optimization, and strength of the private economy. In terms of protecting the property rights of private enterprises and the legitimate rights and interests of entrepreneurs in accordance with the law, the opinions require the establishment of a normalized mechanism for correcting wrongful cases, and the protection of the right of private economic entities to apply for national compensation in accordance with the law. Strictly distinguish between economic disputes and illegal crimes, and strictly regulate the legal procedures for adopting criminal coercive measures. Strengthen the protection of the legitimate rights and interests of parties and non parties involved in the case, and minimize the adverse effects of judicial activities such as recovering stolen goods and property on the production and operation of private enterprises and other relevant non parties. For extreme speech behaviors that intentionally mislead the public and intentionally attract attention, and use communication channels such as the internet, self media, and publications to defame, derogate, and vilify private enterprises and entrepreneurs, severe punishment should be imposed. Based on the current development needs of the private economy, 10 judicial measures have been proposed, emphasizing the unity of ensuring market access in accordance with the law, and curbing the abuse of administrative power to exclude and restrict competition. Strengthen the judicial regulation of platform enterprise monopoly, and crack down on unfair competition behaviors such as false propaganda and commercial defamation in accordance with the law. We will severely crack down on malicious "rights protection" actions that infringe on the legitimate rights and interests of private enterprises, disrupt normal market order, and use false and malicious litigation to infringe on the legitimate rights and interests of enterprises and entrepreneurs in accordance with the law. The opinions require the use of the rule of law to promote the development and governance of private enterprises, emphasizing the effective expansion of financing channels for small and micro private enterprises, and regulating the chaos of private lending such as "beheading interest" and "high interest conversion" in accordance with the law, in order to reduce the financing costs of private enterprises. Confirming the legal validity of equity incentives, annual salary systems, and other provisions stipulated in labor contracts by private enterprises to attract talents in accordance with the law, safeguarding the rights and interests of flexible employment and new forms of employment workers in accordance with the law, and guiding private enterprises to build a harmonious labor relationship with workers. On the same day, the Supreme Court also released 12 typical cases involving the protection of private enterprise property rights and the rights and interests of entrepreneurs for retrial. (New News Agency)

Edit:Jia Jia    Responsible editor:Wang Chen

Source:GMW.cn

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