Law

The rule of law safeguards the stable and far-reaching development of private enterprises

2025-03-10   

At the symposium on private enterprises held on February 17th, General Secretary Xi Jinping delivered an important speech, pointing out the direction, dispelling doubts and doubts, and strengthening confidence for the high-quality development of private enterprises. The government work report proposes to "effectively protect the legitimate rights and interests of private enterprises and private entrepreneurs in accordance with the law". The healthy development of private enterprises cannot be separated from a good legal environment. How to further optimize the rule of law business environment, how to better protect the legitimate rights and interests of private enterprises, and how the rule of law can help solve the development problems of private enterprises... Journalists connected with representatives of the committee to discuss their experiences, suggestions, and expectations. Adhere to the principle of equal protection, member Nie Xin (Professor at Tsinghua University Law School): The report of the 20th National Congress of the Communist Party of China proposes to adhere to two "unwavering" principles. The principle of equal protection is two unwavering legal expressions. We must adhere to the important legal principle of equal protection, treat all types of business entities, including private enterprises, equally, and use the power of the rule of law to create a fair competitive market environment, ensuring equal rights, equal opportunities, and equal rules. Based on the principle of "entry without prohibition", we will handle implicit approval thresholds and discriminatory access disputes in accordance with the law, breaking the implicit discrimination of "nominal openness but actual restrictions". In terms of investment approval, fiscal and tax policies, land use, and other aspects, we will remove hidden obstacles that hinder the construction of a unified national market, so that private enterprises can participate in market competition and coordinated development with other ownership enterprises in a fair and consistent manner. Representative Jia Yun (Chairman of Mudanjiang He Music Equipment Co., Ltd. in Heilongjiang Province): Strengthen the legal review of anti-monopoly and anti unfair competition, administrative monopoly, and platform monopoly, curb illegal means of excluding or restricting competition in accordance with the law, and provide more comprehensive legal guarantees for private enterprises to use production factors equally and participate in competition fairly in accordance with the law. Punishing illegal and criminal activities in accordance with the law is necessary to purify the market ecology. We hope that relevant departments will increase their efforts to crack down on criminal activities such as extortion, forced trading, and collusion in bidding in accordance with the law, deter speculative behavior that obtains advantages through illegal means, and form a complete governance chain of "access opening behavior norms illegal punishment" to ensure orderly market order and unified and transparent competition rules. Representative Wang Shujiang (President of Sichuan Provincial High People's Court): Protecting the legitimate rights and interests of private enterprises and entrepreneurs in accordance with the law is an inevitable requirement for the development of the socialist market economy and an essential part of the comprehensive rule of law. It is recommended to introduce and improve relevant laws and regulations to protect the legitimate rights and interests of private entrepreneurs, establish a sound legal system to regulate and guide the healthy and orderly development of capital, and form a standardized system with a complete framework, clear logic, and complete system to protect the legitimate rights and interests of private enterprises and private entrepreneurs. Relevant departments should adhere to the principles of not expanding, not being absent, and not overstepping their bounds, and insist on the principle of "responding to every call and not disturbing anything". Strictly distinguish between economic disputes and criminal offenses, avoid intervening in economic disputes through administrative and criminal means, and prevent the "criminalization of civil issues" from damaging the confidence of private enterprises. Member Hu Dezhao (Vice Chairman of Guangdong Federation of Industry and Commerce (Chamber of Commerce) and Chairman of Guangzhou Baiyun Electrical Equipment Co., Ltd.): We will focus on rectifying phenomena such as illegal charging, fines, inspections, and seizures, and supervise and correct issues such as illegal law enforcement in other places and profit oriented law enforcement, effectively protecting the legitimate rights and interests of private enterprises and private entrepreneurs in accordance with the law. When using compulsory measures such as search, seizure, detention, freezing, detention, and arrest in accordance with the law, the impact on the legitimate rights and interests and normal business activities of private entrepreneurs should be minimized, and the boundary between private enterprise property and private entrepreneur personal property should be strictly distinguished. Private enterprise property and private entrepreneur personal property should not be confused, and fines imposed on private enterprises should not be confused with fines imposed on private entrepreneurs. Member Zhang Jian (Vice Chairman of the Hunan Provincial Political Consultative Conference and Chairman of the Provincial Federation of Industry and Commerce): To help solve the development problems of private enterprises, the rule of law requires multidimensional coordinated development. It is necessary to not only build a solid "protection network" for property rights, but also to lay a "fast lane" in services. We need to use both institutional rigidity to constrain public power and flexible means to guide the compliant development of enterprises. Suggest a dual track approach of fair justice and improving the credit system. In response to issues such as unauthorized seizure and selective law enforcement in law enforcement and judicial practice, it is necessary to strictly distinguish between illegal gains and legitimate property to avoid improper measures affecting the normal operation of enterprises. At the same time, we will improve the system of property registration and transfer, promote the establishment of a unified national social credit system, and reduce property disputes from the source. Representative Zhang Zhuang (Mayor of Liuzhou City, Guangxi Zhuang Autonomous Region): It is suggested to establish a multi-level and multi-dimensional dispute resolution system through building mediation platforms, innovating arbitration mechanisms, and strengthening digital empowerment. Incorporate compliance requirements into the self-discipline convention of industry associations, forming a synergistic effect of industry autonomy and legal regulation. Enhance the inclusiveness and accessibility of public legal services through artificial intelligence, big data, and other technologies. Guided by the rule of law, we aim to create a new type of political business relationship that is "friendly" and "clean". Develop a "positive list" and "negative list" for political and business exchanges, and clarify the legal procedures for leading cadres to participate in corporate activities. Establish a mechanism for reviewing the legality of policies related to enterprises. From improving the formulation of policies related to enterprises, facilitating communication channels between government and enterprises, and strengthening service liaison, regulations are made for government departments, while drawing red lines and establishing rules for private enterprises to operate in accordance with the law and regulations. Member Fang Jie (Dean of Hubei University of Economics): The rule of law is not only a "talisman" to protect the legitimate rights and interests of private enterprises, but also a "propeller" to enhance their governance capabilities and help them maintain integrity and innovation. From a legislative perspective, further improve the coordinated legal protection system for private enterprises from the central to local levels, and provide strong guidance for private enterprises to operate in accordance with the law and regulations. At the national level, we will continue to steadily promote the legislation of the Private Economy Promotion Law, optimize the details of relevant provisions, and consolidate the fundamental position of this law in the legal guarantee system for the private economy. At the local level, it is necessary to further strengthen the formulation, modification, and implementation of local regulations, government rules, or normative documents related to the private economy. Representative Tang Yue (Secretary of the Party Committee and Chairman of Chutian Technology Co., Ltd.): Private enterprises should vigorously promote compliance construction in order to stabilize operations, improve reputation, and enhance efficiency. Give full play to the role of enterprises as the main body, continuously promote the deepening and implementation of party building work in private enterprises, actively explore the participation mechanism of party organizations in enterprise decision-making, and help enterprises with compliance management. Guide private enterprises to promote the deep integration of compliance with production, marketing, and management, launch the "first lesson for operators entering the market", promote and train compliance issues such as safe business, credit maintenance, and intellectual property protection to enterprises through digital platforms, and fasten the "first button" of compliant operation. (New Society)

Edit:Ou Xiaoling Responsible editor:Shu Hua

Source:People Net

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