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People's Financial Review: Strengthening the protection of the rule of law, giving private enterprises more sense of security

来源:人民网-观点频道 15:44:00, December 30, 2019 Source: People's Daily Network-Viewpoint Channel

Editor's note: Private enterprises are an indispensable and important force in promoting China's socio-economic development. The private economy contributed more than 50% of tax revenue, created more than 60% of GDP, completed more than 70% of technological innovation, provided more than 80% of urban labor employment, and accounted for more than 90% of the number of enterprises in China . For more than 40 years of reform and opening up, private enterprises have played an irreplaceable role in promoting development, promoting innovation, increasing employment, improving people's livelihood and expanding opening up.

"Supporting the development of private enterprises is the consistent policy of the Party Central Committee, and this will not be shaken." On December 22, the "Opinions of the CPC Central Committee and the State Council on Creating a Better Development Environment to Support the Reform and Development of Private Enterprises" (hereinafter referred to as "Opinions" ) Issued. The full text is 5523 words, with 8 parts and 28 articles. "People's Financial Evaluation" focuses on five aspects: optimizing the market environment for fair competition, improving a precise and effective policy environment, improving the legal environment for equal protection, and constructing pro-clear government-business relations.

The rule of law is the best business environment. The development and growth of private enterprises cannot be separated from the strong guarantee of the rule of law. The "Opinions" issued this time regard "sound and equal protection of the rule of law environment" as an important aspect, and require "sound enforcement mechanisms for the equal protection of private enterprises by law enforcement and justice" and "protect the legal property of private enterprises and entrepreneurs." These requirements will allow the majority of private entrepreneurs to take reassurance and secure development, and will also further consolidate the equal protection of the rule of law environment and inject a strong impetus for the better development of the private economy.

The ruler also has the rule. The socialist market economy is essentially an economy under the rule of law. Since the reform and opening up, China ’s private economy has grown from scratch, from weak to strong, mainly due to: the equal protection of the property rights and legitimate rights and interests of various market entities in accordance with the law; the protection of property rights to stimulate productivity; the rule of law to regulate the boundary between the government and the market, and respect for the market Economic laws, adjust the interests of various market entities within the framework of the rule of law; build a unified, open, competitive and orderly market system through the rule of law, and create a fair and just competition environment. Facts have proved that only by building a "protection net", setting up a "boundary line", and holding up a "fair scale" with the rule of law can we protect the stability of the private economy.

Since the 18th National Congress of the Communist Party of China, from the promulgation of "Opinions on Giving Full Play to Functions to Create a Good Legal Environment for the Development of Private Enterprises", to Promote the Promulgation or Amendment of "Foreign Investment Law", "Property Law" and "Intellectual Property Protection Law" To deepen the reform of the commercial system and implement the "negative list of market access", the CPC Central Committee's requirements are consistent in its emphasis on the development of the private economy, and its measures are pragmatic and effective. The recently concluded Central Economic Work Conference once again proposed that "a sound legal environment to support the development of the private economy". These fully demonstrate that the Party Central Committee with Comrade Xi Jinping as the core attaches great importance to the private economy and care and support for private entrepreneurs.

Policy dams have become stronger and stronger, and legal fences have become tighter and tighter, laying a solid foundation for the rule of law for the healthy development of the private economy. However, we must also see that with the acceleration of China's economic transformation and upgrading, some links that are not compatible with the development of the private economy have become increasingly prominent. Private enterprises face difficulties in market access, property rights protection, investment and financing, and fair competition. There are often various forms of unreasonable regulations and hidden barriers. In particular, law enforcement and discriminatory behaviors such as arbitrarily gaining power for personal gain, asking for a card, and charging fees at random, random inspections, multiple inspections, and repeated penalties, restrict the stimulation of the vitality and creativity of the private economy. To give private entrepreneurs more sense of security, it is urgent to resolve these issues in all aspects of legislation and law enforcement.

Because of this, this "Opinion" proposes to improve the equal protection mechanism for private enterprises by law enforcement and justice. The word "equal protection" directly addresses the concerns of private entrepreneurs, and addresses the pain points and difficulties of enterprise development. "Enhancing the Criminal Protection of Private Enterprises" "Preventing Delay in Litigation to Affect Enterprise Production and Operation" "Protect Private Entrepreneurs' Legal Rights of Persons and Property When Assisting Disciplinary Inspection and Supervision Organizations in Examining and Investigating" "Improve the Punitive Compensation System for Intellectual Property Rights "... There are not only an equal attitude towards various market entities, but also rigid requirements for strengthening protection, as well as institutional regulations governing long-term and fundamental management. The detailed implementation of these policy measures will definitely create a fair competition market environment, policy environment, and rule of law environment, and ensure that private enterprises have equal rights, equal opportunities, and equal rules.

Stability expectations, safety is the basic guarantee, and the protection of the legal property of private enterprises and entrepreneurs is indispensable. This "Opinion" put forward the "four strict" requirements, and clearly put forward "continuously screening and rectifying injustice cases that violate the private property rights of entrepreneurs and entrepreneurs" and "establishing a long-term effective mechanism for governing government property disputes", which is of great significance. In recent years, the Supreme People's Court has vindicated Zhang Wenzhong's case and sentenced him to 5 years in prison in the retrial of Gu Chujun's case. These historic judgments reflect the determination to correct the wrong cases and release the policy signals to resolutely defend the legitimate interests of private entrepreneurs. It is believed that with the continuous improvement of the institutional system and further efforts, the safety of entrepreneurs will be effectively guaranteed, and they will be able to unload their ideological burdens and move forward lightly.

Protecting and promoting the healthy development of the private economy in accordance with law is an incumbent legal and political responsibility. Governments at all levels must fully understand the important status and role of the private economy, earnestly raise awareness of politics and the overall situation, and grasp the implementation of the requirements of the Opinions with a high sense of political responsibility and a sense of urgency in keeping the soil. Only in this way can we allow private enterprises to gain more sense of security and make the private economy better for the country and the people.

[Responsible editor: Liu Hongyang]

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