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Release of Guidance Opinions on Implementing the Private Economy Promotion Law
2025-08-09 source:CCTV.com


CCTV News: The "Private Economy Promotion Law" is the first basic law on the development of the private economy in my country, and it was officially implemented on May 20 this year. How can the "Guiding Opinions on Implementing the "Private Economy Promotion Law of the People's Republic of China" help implement the "Private Economy Promotion Law"? Let’s listen to the expert’s analysis.

Li Shuguang, Professor of the Institute of Law and Economics, China University of Political Science and Law: After the Private Economy Promotion Law was released, how can we further implement this law in judicial judicial organs? Article 25 of the Supreme Court's guiding opinions are relatively detailed. For example, Article 2 clearly stipulates that the trial system and mechanism of administrative litigation should be improved. The investment promotion agreement signed between local governments and departments and private economic organizations, and relevant agreements on government and social capital cooperation projects shall be heard in accordance with the law. At the same time, it is necessary to improve the judicial judgment rules for administrative agreement cases, legally determine the rights and obligations of all parties, and fairly solve the problems of sharing the risk of the allocation of investment income in accordance with the law. Article 2 of the Supreme Court's Guiding Opinions implements these articles of the Private Economy Promotion Law in a link and procedure such as judicial trial. The Private Economy Promotion Law proposes that private economic organizations must abide by the laws of their country when going global, respect local customs and traditions, and at the same time safeguard the country's credibility and not do anything that harms national interests. Article 13 of the Guiding Opinions proposes to be published in real time, and the parties agree to jurisdiction and choose guiding cases that apply extraterritorial law, so that our private enterprises should know these cases. We must guide our overseas companies and guide them to operate in compliance with regulations.

Zhi Zhenfeng, researcher at the Institute of Law of the Chinese Academy of Social Sciences: The vitality of the rule of law lies in implementation. The Private Economy Promotion Law provides good provisions, but it is just a legal system. Once a dispute arises, as a judicial organ of fair justice, the people's courts will play a very important role. Therefore, this guiding opinion issued by the People's Court is to better play the role of the people's courts in the judicial function, so as to push some systems of the Private Economy Promotion Law to the practical level, and better encourage, support and promote the development of the private economy.


What other highlights are there in the "Guiding Opinions on Implementing the "Law of the People's Republic of China for the Promotion of Private Economy" issued by the Supreme People's Court and what role will it play in promoting the development of the private economy? Continue to listen to the expert analysis.

Beijing Normal University professor and economics expert Wan Zhe: First of all, it is the dual strengthening of property rights protection and entrepreneurial rights protection. For example, the boundary between legitimate financing and illegal fundraising of private enterprises should also be clarified of the principle of statutory crime and punishment and no crime, so as to avoid the judicial dilemma of being blamed at all times. In addition, the financing support mechanism should be put into practice accurately. A number of innovative measures have been proposed for the problems of difficulty and high cost of financing for private enterprises, including regulating the behavior of financial institutions, prohibiting financial institutions from unilaterally setting up loan conditions or collecting loans in advance, ensuring the stability of financing, broadening this financing channel, and stabilizing the legal expectations of financial institutions. Also, the account settlement needs to be accelerated, and cases of defaulting on accounts owed by small and medium-sized enterprises will be included in the green channel. For the arrears of government agencies and institutions, they must be included in the list of dishonest debts in accordance with the law. It also includes equalization of market access and optimization of the competitive environment, and breaking regional barriers and local protection based on the principle of non-ban or entry. For example, it requires the court to conduct an accompanying review of administrative normative documents when hearing cases involving market access to curb the abuse of administrative power and eliminate competition. In addition, for contract disputes such as some new officials ignore old accounts, it is also clear that government agencies will also bear compensation liability for breach of contract. It should be said that its key role is to build a new ecology of a law-based business environment.

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