Why Emphasizing Judicial Protection for the Private Economy Matters at This Stage (AI Translation)
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文｜周春生
By Zhou Chunsheng
《民营经济促进法》于4月30日正式颁布，5月20日正式生效。这部全新的法律，针对的主要是民营企业家这个特殊群体。具体法律条文一目了然，但在执法过程中存在一定的难度。原因在于它不像刑事诉讼法、个人所得税法等法律已有多年的执法经验，标准也相对更加清晰明确。此外，涉及民营企业的案件不少是与政企关系相关的行政案件，尺度的把握也就更为敏感。现阶段司法解释的出台，对于民营企业合法合规行为的保护，有着非常重要的意义。
The Private Economy Promotion Law was officially promulgated on April 30 and took effect on May 20. This brand-new legislation is primarily aimed at the unique demographic of private entrepreneurs. Although the specific legal provisions are straightforward, enforcement poses certain challenges. Unlike the Criminal Procedure Law or the Individual Income Tax Law, which have benefited from years of enforcement experience and relatively clear, established standards, this new law’s application is less defined. Furthermore, many cases involving private enterprises are administrative in nature and often pertain to government-business relations, making the boundaries even more sensitive. At this juncture, the introduction of judicial interpretations is of critical importance for safeguarding the legitimate and compliant operations of private enterprises.
强调民营经济的司法保护
Emphasizing Judicial Protection for the Private Sector
法律从出台征求意见、明确法律条文到实施落地都会存在从条文到案例的适应阶段。不仅仅是民营经济促进法，包括治安管理处罚条例、民事诉讼法等法律法规的执法力度，具体到怎么管、管到什么程度各地都存在差异。
There is always a transition phase from legislation to implementation, during which legal provisions are adapted into real cases. This adjustment process is not unique to the Private Economy Promotion Law; it also applies to regulations such as the Public Security Administration Punishments Law and the Civil Procedure Law. The intensity of law enforcement, the specific regulatory methods, and the degree of oversight vary across different regions.
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- The Private Economy Promotion Law was enacted on April 30, 2024, and took effect on May 20, aiming to protect the legal rights and interests of private entrepreneurs.
- Government support for private enterprises has increased significantly since 2024, with legal reforms promoting equal market access and clarifying rules between private and state-owned firms.
- Private entrepreneurs' confidence is improving, but concerns over inconsistent law enforcement and regional disparities remain, highlighting the need for better legal implementation and typical case establishment.
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- Cheung Kong Graduate School of Business
- The article mentions Cheung Kong Graduate School of Business (CKGSB) as the affiliation of the author, who is a professor of finance there.
- End of 2023：
- The Central Economic Work Conference was held, emphasizing the commitment to fair and just treatment for private businesses.
- Beginning of 2024：
- Private business owners were relatively pessimistic about the economic outlook.
- Beginning of 2024：
- The government significantly increased its attention to and policy support for private enterprises.
- February 2024：
- General Secretary Xi Jinping attended a symposium on private enterprises.
- April 30, 2024：
- The Private Economy Promotion Law was officially promulgated.
- May 20, 2024：
- The Private Economy Promotion Law took effect.
- By second half of 2024：
- Confidence among private entrepreneurs appeared to improve, as pessimistic remarks became less common.
- July 2024：
- The Chinese Communist Party’s 20th Central Committee Third Plenary Session was held, which explicitly called for improving the legal framework for the private sector and promoting legislation.
- October 2024：
- A draft of the Private Economy Promotion Law was released for public comment.
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