Interpretation of work report by relevant department heads of the Supreme People's Court to ensure the development and growth of the private economy in accordance with the law

2024-03-11

How do people's courts serve private enterprises? This morning, the Supreme People's Court held the fourth interview in a series of all media live broadcasts interpreting the "Work Report of the Supreme People's Court". Zhou Lunjun, Vice President of the Second Civil Court of the Supreme People's Court, visited the interview site to introduce the new measures and achievements of the People's Court in safeguarding the development and growth of the private economy in accordance with the law. The rule of law is the best business environment. Zhou Lunjun introduced that in recent years, the Supreme People's Court has made unprecedented efforts to continuously optimize the development environment of the private economy. On December 27, 2023, the All China Federation of Industry and Commerce released the main survey conclusion on the evaluation of the business environment for ten thousand private enterprises in 2023, which showed that the satisfaction of private enterprises with the improvement of the business environment continued to increase. Among the five major environments of factors, government affairs, market, rule of law, and innovation, the score of the rule of law environment remained at the top for four consecutive years. The Supreme People's Court has always attached great importance to protecting the property rights of private enterprises and the legitimate rights and interests of entrepreneurs in accordance with the law. It has successively issued a series of judicial policies and documents, continuously improving the institutional system for protecting the property rights of private enterprises and the legitimate rights and interests of entrepreneurs. Zhou Lunjun pointed out that we must adhere to using social harm as the fundamental criterion for determining whether a crime is committed or not, resolutely correct treating economic disputes as crimes, and prevent and correct the use of administrative or criminal means to intervene in economic disputes. 1、 In the second instance, 16 enterprises, 34 business owners and management personnel were acquitted in accordance with the law, and 42 criminal cases involving property rights were retried and corrected in accordance with the law, involving 86 individuals. For a period of time, there has been some unfriendly public opinion towards private enterprises and private entrepreneurs. How can people's courts strengthen the protection of the personal rights of private enterprises and their families? Zhou Lunjun mentioned that in the network infringement case filed by Xiaomi, the court promptly ruled on the defendant's application to immediately delete the infringing articles and videos, in order to prevent further damage to the reputation rights of private enterprises. Punish extreme speech behaviors that intentionally mislead the public and attract attention in accordance with the law, and promote the creation of a favorable public opinion and legal environment for the development of the private economy. The people's court implements punitive damages and other systems, and after making high judgments on infringers, the winning party hopes to regain their own rights, while the losing company is unwilling to lose a lawsuit and collapse. Regarding this, Zhou Lunjun introduced that the people's court adheres to strict, lawful, fair, and civilized execution during the execution process, basically achieving full coverage of the main forms of property of the debtor, continuously increasing enforcement efforts, and ensuring that winning private enterprises realize their rights and interests in a timely manner. By conducting online judicial auctions, we can reduce execution costs and put more real money and silver into the pockets of winning private enterprises. At the same time, courts at all levels should strengthen good faith and civilized enforcement to minimize the impact on the production and operation of the executed enterprises. Only by operating in compliance with laws and regulations can enterprises achieve stability and progress. Vigorously promoting corporate compliance reform, assisting in improving corporate governance, and helping private enterprises enhance their immunity are important tasks deployed by the Supreme People's Court in 2023. Zhou Lunjun mentioned that courts in various regions are actively carrying out compliance reform practices for enterprises involved in cases. For private enterprises that can be sentenced to probation or exempted from criminal punishment in accordance with the law, they will work together with the procuratorial organs to carry out criminal compliance reform for these enterprises. They will apply criminal compliance procedures to 658 private enterprises involved in cases, and promote their compliant operations while providing lenient punishment in accordance with the law. Interview site

Edit:Yi Yi    Responsible editor:Wang Chen

Source:http://rmfyb.chinacourt.org

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