Two departments jointly release typical cases of implementing the Private Economy Promotion Law (first batch)
2026-05-21
The reporter learned from the Supreme People's Court that on May 20th, the implementation of the Law on the Promotion of the Private Economy had been completed for one year. In order to demonstrate the effectiveness of implementing the law, fully play the role of exemplary cases in leading and interpreting the law through cases, the National Development and Reform Commission and the Supreme People's Court jointly released the first batch of exemplary cases on the implementation of the Law on the Promotion of the Private Economy. It is reported that the 8 typical cases released this time have the following four characteristics: firstly, they provide relief and empowerment, and accurately solve the development difficulties of private enterprises. Based on the pain points and difficulties in the development of the private economy, the People's Court abandons the principle of "one judgment" and customizes personalized relief plans based on the current business situation and industry development prospects of enterprises, helping them overcome operational crises and achieve healthy development. The People's Court has tailored a mediation plan of "installment repayment+account gradient unblocking" for the financial loan contract dispute case between a certain bank and a certain technology company, Sun, and Fu, promoting the formation of a good ecology of benign interaction and coordinated development between financial institutions and private enterprises; In a restructuring case of a certain electrical appliance company, the people's court successfully introduced strategic investment to activate high-quality assets through a combination of measures such as "deferred execution+pre restructuring+government court linkage+investment attraction", fully demonstrating the judicial protection of property rights, development support, and relief empowerment for private enterprises. The second is to protect rights in accordance with the law and comprehensively safeguard the legitimate rights and interests of private enterprises. The people's courts strictly adhere to the legislative spirit of the Private Economy Promotion Law, focus on protecting the personal and property rights of private enterprises, crack down on infringement behavior and correct improper measures in accordance with the law, and build a strong legal barrier for the development of private enterprises. The recently released case of a car company suing Weibo influencer Liu for online infringement liability has been accurately defined by the people's court as the boundary of public opinion supervision, and malicious defamation and insult to the enterprise have been punished in accordance with the law to safeguard the reputation rights of private enterprises; In the case of a pharmaceutical company suing a district health commission and a third-party pharmaceutical company over a sales contract dispute, the people's court verified and confirmed the authenticity of the copy of the delivery document through judicial means such as proactive inquiry and on-site investigation, and conducted a judicial audit on this basis, successfully resolving the issue of government agencies' arrears of payments to private enterprises; In the case of a real estate company suing the People's Government of a certain city and the Natural Resources and Planning Bureau of a certain city for administrative promises, the People's Court applied the Private Economy Promotion Law and established the judgment rule of "administrative promise review performance cannot be determined compensation responsibility quantification", and ruled that the government should pay more than 8 million yuan in compensation to private enterprises; In the administrative agreement case between a certain construction company and a certain district government, the people's court, based on the actual situation of the case, reasonably compensated the loss of trust interests of private enterprises in accordance with the law, and promoted the government to keep its promises. The third is to regulate and guide, promote the construction of a fair and honest business environment. The people's court clarifies the boundaries of behavior through case judgments, guides various business entities to operate in accordance with the law and compete fairly, and provides strong judicial guarantees for creating a stable, fair, transparent, and predictable legal business environment. The case of a computer software development contract dispute between a certain software company and a certain technology company, which was released this time, was determined by the people's court to be invalid for the "back-to-back" clause in accordance with the law, regulating the improper behavior of large enterprises using their market advantage to transfer payment risks, and effectively alleviating the survival pressure of small and medium-sized software enterprises to recover funds. The fourth is to innovate and improve quality, and build a diversified and efficient system for resolving disputes related to enterprises. Based on the judicial trial function, the People's Court innovates the dispute resolution mode, integrates dispute resolution resources, creates a convenient, efficient, and low-cost path for resolving disputes related to enterprises, and minimizes the impact of litigation on the operation of private enterprises. In the case of a sales contract dispute between an import and export company and a foreign company and its investors, the People's Court, in conjunction with the China Council for the Promotion of International Trade, used the "commercial mediation+neutral evaluation+judicial confirmation" model to efficiently resolve foreign-related disputes, save enterprise litigation costs, and protect the legitimate rights and interests of private enterprises "going global". (Looking into the New Era)
Edit:Linian Responsible editor:Shenchen
Source:people.com.cn
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