Law

The Supreme People's Court releases typical retrial cases involving the protection of property rights of private enterprises and the rights and interests of private entrepreneurs

2025-11-06   

The Supreme People's Court released four typical retrial cases related to the protection of the rights and interests of private enterprises and private entrepreneurs today, including three criminal cases and one civil case. The release of this typical case fully reflects the principle that the people's court always adheres to the principles of seeking truth from facts, correcting errors according to law, and protecting according to law. It takes facts as the basis and law as the criterion for specific cases, upholds the legitimate rights and interests of the parties and the judicial concept of social fairness and justice, and provides solid judicial service guarantees for the sustained, healthy, and high-quality development of the private economy. In the typical case released this time, the people's court adheres to the principle of legality of crime and punishment. In the retrial case of Xie and three others who falsely reported registered capital, privately divided state-owned assets, bribed, and embezzled official positions, the company law has made significant adjustments to the capital registration system during the original second instance. The parties' failure to pay registered capital did not violate the provisions of the amended company law and no longer need to bear criminal responsibility. The people's court strictly adheres to the criteria for determining criminal offenses, accurately delineates the boundary between crime and non crime, and conducts a retrial and judgment of this case in accordance with the law, effectively safeguarding the legitimate rights and interests of private enterprises and entrepreneurs. In typical cases, the people's court adheres to the principle of modesty in criminal law. The cases of Ye's contract fraud being retried and acquitted, and Dou's embezzlement, misappropriation of funds, concealment of accounting vouchers, and accounting books being retried and acquitted were all triggered by contract disputes, but the evidence in the case cannot prove that the parties had illegal possession purposes or committed crimes such as embezzlement and misappropriation. The people's courts adhere to the principle of modesty in criminal law, accurately distinguish economic disputes from economic crimes, which is conducive to reflecting the ultimate protective role of criminal law and preventing and correcting the use of criminal means to intervene in economic disputes. In addition, the people's court adheres to the principle of equal protection according to law. In the retrial of the sales contract dispute between Shi and Wang against a mining company and a joint group enterprise, the People's Court insisted on the equal legal status of private and state-owned enterprises, fully reflecting the People's Court's equal protection of various market entities in accordance with the law, and providing high-quality judicial services for building a unified national market and helping to build a rule of law business environment. It is reported that the release of this batch of typical cases sends a strong signal of the rule of law, allowing private enterprises and entrepreneurs to focus on entrepreneurship, operate with peace of mind, and develop with peace of mind; At the same time, it provides judicial guidance for the unified application of laws by the people's courts, accurately grasps policy boundaries, and handles similar cases in accordance with the law, reflecting the goal orientation of the people's courts' combination of correction and prevention. It is understood that the People's Court will fully implement the spirit of the 20th National Congress of the Communist Party of China and all previous plenary sessions of the 20th Central Committee, implement the Law on the Promotion of the Private Economy, further promote the normalization and institutionalization of the legal identification and correction of cases related to enterprise property rights injustice, and provide more powerful judicial services and guarantees for accelerating the construction of a high-level socialist market economy system. (New Society)

Edit:Wang Shu Ying Responsible editor:Li Jie

Source:Rule of Law Daily

Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email:lwxsd@liaowanghn.com

Recommended Reading Change it

Links