On October 10th, the Supreme People's Court issued the Guiding Opinions on Optimizing the Rule of Law Environment to Promote the Development and Growth of Private Economy. At the same time, it issued a batch of typical retrial cases involving the protection of private enterprise property rights and entrepreneur rights, further improving judicial policies, strict trial supervision, guiding private enterprises and entrepreneurs to operate in compliance with the law, and promoting the healthy development of private enterprises on the track of the rule of law. Hu Shihao, President of the Trial Supervision Division of the Supreme People's Court, said in response to a question from China Securities Journal reporter about "reducing the cost of enterprise rights protection" that at present, the Supreme People's Court and the All China Federation of Industry and Commerce have established a "head to head" litigation and mediation docking platform, innovated a new mechanism and model of "online mediation", and the people's court can appoint a mediation organization of the chamber of commerce to conduct pre litigation mediation for civil and commercial disputes brought to the people's court, This will further improve the efficiency of dispute resolution and reduce the cost of enterprise rights protection. The main content is to formulate judicial interpretations, increase the punishment and recovery of corruption among personnel of private enterprises, and regulate the chaos of private lending such as "beheading interest" and "high interest conversion" in accordance with the law, reduce the financing costs of private enterprises, strengthen the judicial regulation of platform enterprise monopoly, and crack down on false propaganda in accordance with the law On July 14th this year, the Central Committee of the Communist Party of China and the State Council issued the "Opinions on Promoting the Development and Growth of Private Economy" (hereinafter referred to as the "Opinions"), which released positive signals to enhance the confidence of private entrepreneurs and encourage the development and growth of private economy, Clear requirements have been put forward for trial execution work from six aspects, and 19 items in the central "Opinions" have been implemented and refined using 27 articles. Among them, the "Guiding Opinions" propose 5 more detailed judicial policies targeting the focus issues of social concern. Strengthen the protection of the legitimate rights and interests of private economic entities, formulate judicial interpretations, and increase the punishment of corrupt behavior and recovery of stolen goods by private enterprise staff. Improve the normalized mechanism for correcting wrongful cases, and protect 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 involved and non parties involved in the case, minimize the adverse impact of judicial activities such as property recovery on the production and operation of private enterprises and other relevant non parties, and facilitate the channels for non parties to express their demands in the criminal recovery process. Special emphasis was placed on the protection of the personal rights of private enterprises and their families, fully utilizing the function of the prohibition system for infringement of personal rights, and promptly stopping illegal acts that infringe on personal rights. 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, strict crackdowns should be imposed to effectively create a social public opinion environment conducive to the development of private economy. Emphasize that while carrying out criminal compliance reform for enterprises involved in the case, actively extend judicial functions, guide enterprises to operate in compliance with laws and regulations in civil and commercial affairs, administration, and execution processes, and strengthen the prevention of legal and commercial risks
Edit：Hou Wenzhe Responsible editor：WeiZe
Source：Securities Daily
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