[Learn ideology, strengthen party spirit, emphasize practice, and make new contributions].
Create a good legal environment to help the healthy development of the private economy.
Wu Shuangquan. The private economy is an important part of China's socialist market economy, a new force in promoting Chinese-style modernization, and an important foundation for high-quality development. The general secretary attaches great importance to the development of the private economy, and has made many important instructions and instructions on strengthening the work of the private economy in the new era, put forward a series of new ideas, new views and new assertions, and made a series of major strategic deployments to guide the private economy in the new era to achieve new development. We must deeply understand the core essence of the general secretary's important exposition on promoting the development of the private economy, create a better legal environment for the development of the private economy, and help the private economy to continue to grow bigger and better with the means of the rule of law.
It is necessary to strictly implement the relevant provisions of the Constitution and laws, accurately grasp the relationship between the market, the market, and society, continuously strengthen the establishment of creditworthiness in government affairs, implement the principles and policies of the Party and the state to support the development of the private economy, fully fulfill the policy commitments made to private enterprises and all kinds of contracts signed with private enterprises, and pay more attention to using legal means to reduce and curb the direct allocation of market resources and improper interference in economic activities by administrative organs. We will continue to crack down on local protection, continue to relax market access, eliminate all kinds of hidden barriers, and allow private capital to enter more production and operation fields on an equal footing. Comprehensively implement the fair competition system, strengthen anti-monopoly and anti-unfair competition law enforcement, and effectively prevent, reduce and curb market monopoly, unfair competition and abuse of administrative power to eliminate acts that restrict competition. Guide and support financial institutions to continue to strengthen financial support for private enterprises, continuously expand financing channels, and increase the scale of financing. In accordance with the law, supervise and urge state organs, enterprises and institutions to pay the arrears of private enterprises in a timely manner, increase the intensity of clearing up the arrears of private enterprises, and through measures such as standardizing budget management and strict accountability and punishment, build and improve effective mechanisms for normalizing the prevention and resolution of arrears of private enterprises. Strictly enforce the Intellectual Property Law, and severely punish illegal and criminal acts that infringe on the intellectual property rights of private enterprises. Resolutely put a stop to administrative violations such as arbitrary fees, arbitrary fines, arbitrary apportionment, improper fines, use of fines for escrow, and abuse of punishment measures for untrustworthiness by private enterprises. It is clearly required that administrative coercion be prudently implemented in administrative law enforcement, and the adverse impact of administrative coercion on the normal production and operation activities of private enterprises should be reduced as much as possible. Through standardized law enforcement, we will create a fair competition and fully open market environment for private enterprises, and reduce and eliminate all kinds of constraints faced by private enterprises.
It is necessary to further improve judicial policies and perform judicial functions with high quality and efficiency. When handling cases involving private enterprises, accurately grasp the criteria for determining legitimate financing and illegal fundraising, contract disputes and contract fraud, reasonable mergers and acquisitions and malicious embezzlement of state-owned assets, legal and illegal operations, crimes and non-crimes, this crime and other crimes, unit crimes and individual crimes, enterprise property and individual property, family property and personal property, illegal and criminal gains and legitimate business income, and resolutely prevent and correct the use of administrative and even criminal means to improperly intervene in and intervene in economic disputes. Administrative violations are found to be criminal offenses. For crimes involving private enterprises in areas such as fundraising, loans, and taxation, it is necessary to give full consideration to factors such as enterprise development, subjective malice, objective consequences, social harm, and the necessity of criminal punishment, especially the importance of enterprise management and business backbones to the production, operation, and survival and development of enterprises, and accurately characterize and handle them in accordance with judicial principles and criminal policies such as equal protection, adjudication of evidence, innocence in case of doubt, legality of crimes, consistency of subjectivity and objectivity, proportionality of criminal responsibility and punishment, and balance of leniency and severity. For the property of private enterprises that violates the statutory authority, conditions and procedures, and seals, seizes or freezes the property of private enterprises beyond the scope and amount, the compulsory measures shall be lifted in a timely manner. Strictly crack down on illegal usurious lending, financial fraud, contract fraud, collusion in bidding and other crimes that disrupt market order that hinder the production and operation of private enterprises, punish the crime of soliciting bribes by state employees against private enterprises in accordance with the law, punish the crimes of public office such as bending the law for personal gain by judicial personnel in cases involving private enterprises, and punish the crimes of embezzlement, misappropriation of funds, non-state functionaries, breach of loyalty and other crimes that infringe on the interests of enterprises carried out by the staff of private enterprises in accordance with the law. Supervise and punish administrative violations such as multiple law enforcement, repeated punishments, different punishments in the same case, and abuse of discretion in accordance with law. We will continue to carry out public interest litigation and make new progress in anti-monopoly, resource and environmental protection, and intellectual property protection. Through fair justice, we strictly control the determination of facts, the admissibility of evidence and the application of law, improve the quality and efficiency of performing duties and handling cases, so that private enterprises can feel fairness and justice in the handling of every judicial case, reduce the adverse impact of case handling on the normal operation of enterprises as much as possible, maintain judicial fairness and authority, and provide a fair and competitive market environment for private enterprises.
It is necessary to strengthen publicity and education on the rule of law, and actively promote the first organs, enterprises, public institutions, and the public to strictly abide by the provisions of the law and contract agreements, and not infringe on the legitimate rights and interests of private enterprises. At the same time, it is necessary to actively guide private enterprises and private entrepreneurs to enhance their awareness of the rule of law, abide by the spirit of the contract, understand and be familiar with the specific legal provisions on the production and operation of enterprises and the negative list system for market access, establish and govern enterprises in accordance with the law, produce and operate in compliance with the law, protect the legitimate rights and interests of enterprises in accordance with the law, strictly fulfill the obligations of safety and security, fully fulfill all kinds of contractual obligations, ensure the quality of products and services, safeguard the legitimate rights and interests of consumers, and protect intellectual property rights. Creative R&D and trade secrets, protection of natural resources and ecological environment, and fair competition in accordance with the law. Do not engage in false publicity, commercial defamation, low-price dumping, forced tie-ins, malicious trademark preemptive registration and other acts, and do not seek support and social public resources through improper means. Through strict compliance with the law, we will promote private enterprises to adhere to the bottom line of compliance management, abide by laws and regulations, standardize integrity management, prevent legal risks, and actively fulfill social responsibilities.
The author is a professor at Lanzhou University Law School.