Using Typical Cases to Assist Judicial Protection of Private Economy

2024-04-10

The rule of law is the best business environment. In recent years, China has continuously improved its business environment system, and laws and regulations such as the "Regulations on Optimizing the Business Environment" have been introduced, effectively enhancing the legal level of China's business environment. There is no endpoint to optimizing and improving the business environment. How to better leverage the role of the rule of law and create a stable, fair, transparent, and predictable environment for various market entities to invest and develop? In this issue, we will discuss and exchange ideas with readers. Recently, the Supreme People's Procuratorate released a typical case of civil prosecution promoting the development and growth of the private economy, fully demonstrating the performance practice of civil prosecution in safeguarding the development of the private economy in the new era, which has important guiding significance for guiding local procuratorial organs to perform their duties with high quality and efficiency in handling cases. Private economy is a new force to promote Chinese path to modernization and an important foundation for high-quality development. In recent years, under the call of the Central Committee of the Communist Party of China and the State Council, almost all state institutions have participated in the work of protecting and promoting the development of the private economy in combination with their own functions, creating a comprehensive situation of protecting the private economy with Chinese characteristics. The judicial organs, as guardians of social fairness, justice, and market subject rights, play an indispensable role in this systematic project. In July 2023, the "Opinions of the Central Committee of the Communist Party of China and the State Council on Promoting the Development and Growth of the Private Economy" were released, which made a top-level plan to promote the development and growth of the private economy. It called for "strengthening the legal protection of the development of the private economy" and put forward requirements from five aspects, including "protecting the property rights of private enterprises and the rights and interests of enterprises in accordance with the law". In order to implement the deployment of the Central Committee of the Communist Party of China and the State Council, the Supreme People's Court has issued the Guiding Opinions on Optimizing the Rule of Law Environment and Promoting the Development and Growth of the Private Economy. The Supreme People's Procuratorate has successively issued the Opinions on Punishing and Preventing Crimes of Violations of the Legal Rights and Interests of Private Enterprises by Internal Personnel in accordance with the Law, Creating a Good Rule of Law Environment for the Development of the Private Economy, and the Opinions on Fully Fulfilling Procuratorial Functions and Promoting the Development and Growth of the Private Economy. These judicial documents clearly define the responsibilities and concepts of judicial organs in safeguarding the private economy, and propose several specific measures. However, in practice, optimizing the business environment through the rule of law mechanism often involves a multitude of tasks, such as distinguishing between economic disputes and crimes, regulating unfair competition, protecting intellectual property rights, combating false litigation, bankruptcy reorganization, compulsory enforcement, etc. In order to achieve the unity of political, social, and legal effects in case handling, judicial staff also need to comprehensively consider regional development status, national policy changes, and individual case situations. Meanwhile, the protection of the private economy belongs to a new type of judicial task, and the existing legal provisions and traditional legal theories provide limited basis, which greatly tests the ability of judicial personnel to apply the law within their discretionary space without exceeding the limits. In this regard, China has explored an effective approach in practice, which is to release typical cases of judicial protection for private economy. These cases are a barometer of legal and policy implementation, and also carry the judgment and discretion of the people's courts on fairness and justice. As early as 2021, the Supreme People's Court issued typical civil and commercial cases to promote the high-quality development of the private economy. In 2023, the Supreme People's Court also introduced cases involving private enterprises

Edit:Ying Ying    Responsible editor:Shen Chen

Source:http://www.legaldaily.com.cn

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