China News Service, September 3rd. Liu Guixiang, a deputy ministerial full-time member of the Judicial Committee of the Supreme People's Court, said on the 3rd that in recent years, the people's courts have made full use of the judicial reorganization system to help companies in distress and difficulties revitalize.
By the end of 2020, more than 30 companies with total debts of more than 10 billion yuan have completed judicial reorganization and turned losses into profits.
Data map: Photographed by Li Huisi, a reporter from China News Agency of the Supreme People's Court
On the 3rd, the Supreme Law held a press conference to release typical civil and commercial cases of people's courts in boosting the high-quality development of the private economy.
Liu Guixiang pointed out at the meeting that in recent years, the people’s courts have given full play to their civil and commercial adjudication functions, actively resolved conflicts and disputes, equally protected the legitimate rights and interests of various market entities, promoted common prosperity in high-quality development, and strived to provide more for my country’s economic and social development. High-level judicial services and guarantees.
Liu Guixiang introduced the typical cases of people's courts promoting the high-quality development of the private economy, focusing on the achievements of the people's courts in protecting the private economy in recent years.
These typical cases mainly reflect the following aspects:
The first is to adopt a series of judicial measures to equally protect the legitimate rights and interests of various market players.
In recent years, the Supreme People’s Court has successively formulated the "Opinions on Giving Full Play to the Role of Trial Functions to Effectively Strengthen the Judicial Protection of Property Rights", "Notice on Giving Full Play to the Role of Trial Functions to Create a Good Legal Environment for Entrepreneurs' Innovation and Entrepreneurship", and "About Improving the Business Environment A series of judicial policy documents, such as "Several Opinions on Providing Judicial Protection", focus on investment access, property rights protection, innovation and entrepreneurship, etc., to support the development of the non-public economy in an all-round, systematic, institutionalized, and institutionalized manner.
In judicial trials, we insist on equal legal status, equal protection of rights, and equal opportunities for development of various market entities, and effectively safeguard and realize the legitimate rights and interests of private enterprises.
The case of the contract dispute between Guolong Company and Xidian Company is a typical case of equal protection.
The second is to make full use of the judicial reorganization system to help companies in distress and difficulties rejuvenate.
The Supreme People's Court has successively formulated three judicial interpretations and a series of judicial documents on bankruptcy liquidation and judicial reorganization, and actively improved the bankruptcy legal system.
On the one hand, take necessary judicial measures and effectively use the debt committee mechanism to support and promote the pre-reorganization and out-of-court reconciliation of distressed enterprises, so as to help distressed enterprises to tide over the difficulties.
On the other hand, the people’s courts at all levels continue to improve the working mechanism of government and court linkages, adhere to the principle of rule of law and marketization, make full use of the system tool of judicial reorganization, introduce strategic investment and advanced technology, carry out debt and equity restructuring, and help a group of companies. Distressed enterprises with development prospects get rid of the debt crisis and liquidity dilemma, and realize the rebirth of nirvana.
By the end of 2020, more than 30 companies with total debts of more than 10 billion yuan have completed judicial reorganization and turned losses into profits.
In 2020 alone, the People's Court has activated a total of 470.8 billion yuan in assets through judicial reorganization, giving 532 companies a new lease of life.
The judicial reorganization cases of Chongqing Lifan Co., Ltd., Guangxi Zhengling Group and Jiangsu Gangsong are typical examples of the rebirth of enterprises through judicial reorganization.
The third is to adhere to a fair and civilized judicial system, which fully reflects the intensity and temperature of the execution of the trial.
Good faith and civilized execution is an important measure taken by the Supreme People's Court to move towards the goal of "resolving difficulties in implementation" after courts across the country have achieved the phased goal of "basically resolving difficulties in implementation", and is a higher requirement for implementation.
"Each case is a business environment." In judicial activities such as preservation and enforcement, on the one hand, we adhere to the bottom line of the law, increase enforcement, improve enforcement efficiency, and quickly help companies withdraw funds, especially to solve the urgent needs of small and medium-sized enterprises. .
Since 2017, the people's courts have realized a total of 1.69 trillion yuan in creditor's rights in the form of online judicial auctions, saving 52.354 billion yuan in commissions, of which the creditor rights of private enterprises accounted for a considerable proportion.
On the other hand, it adheres to the concept of good faith and civilized law enforcement, while protecting the legitimate rights and interests of the successful parties in accordance with the law, adopts effective measures to prohibit excessive seizures, chaotic seizures, excessive executions, and chaotic executions. Reconciliation, intensive coordination and other enforcement measures should minimize the impact on the rights and interests of the person subject to enforcement as well as production and operation, and transmit the "judicial temperature."
In typical cases, three courts were selected: Tongxiang Court in Jiaxing, Zhejiang, Haidian District Court in Beijing, and Guangzhou Intermediate Court in Guangdong.
The Tongxiang Court applies the latest scientific and technological achievements such as 5G, artificial intelligence, and blockchain technology to "live seizures", which reflects the effectiveness of the construction of smart courts in assisting good faith and civilized execution.
The Haidian District Court saved more than 78 million yuan based on the party’s application, but according to the actual situation, it divided into 14 "rolling releases" in units of more than 5 million yuan. Large amounts of funds were preserved and reached a deadlock.
Some matters of the Guangzhou Intermediate People's Court were judged and executed first, which shortened the litigation cycle and reduced the impact of judicial litigation on the production and operation of enterprises.
Fourth, judicial trials adhere to the people-centered approach and promote common prosperity.
Common prosperity is the essential requirement of socialism.
The People's Court has always adhered to the people-centered development concept, fully implemented the spirit of the tenth meeting of the Central Finance and Economics Committee, and promoted common prosperity in high-quality development.
First, intensify the punishment for malicious breach of contract, evasion of debts, infringement of property rights, and unfair competition, and create a market environment of honesty, trustworthiness and fair competition.
Through the trial of individual cases, it reflects the social orientation of encouraging hard work to get rich and legal business.
Second, the three orders and five applications prohibit criminal means from intervening in economic disputes, and handle the relationship between combating crime and protecting the legitimate civil rights and interests of relevant enterprises in intersecting civil and criminal cases.
It not only "cuts money and cuts blood" on criminals, but also safeguards the legitimate rights and interests of business operators in accordance with the law.
Third, rationally adjust the upper limit of the judicial protection of private lending interest rates, and do not support "cut head interest", professional lending, usury, and arbitrage of credit on-lending from financial institutions.
Assist financial services in the real economy, prevent and resolve financial risks, and help solve the problem of financing difficulties and expensive financing for small and medium-sized enterprises.
Fourth, reflect the new development concept, serve the country’s major development strategies such as rural revitalization, coordinated development of Beijing-Tianjin-Hebei, Shenzhen Socialist Pilot Zone, Pudong Socialist Modernization Leading Zone, Zhejiang High-quality Development and Common Prosperity Demonstration Zone and other major national development strategies, focusing on the people The people's judicial needs in education, employment, medical care, pension, social security, ecology, tourism and other livelihood guarantees will help build an inclusive financial system and properly hear civil and commercial disputes involving people's livelihood.
"In the Zhenjiang Shanshuiwan Company's land contractual management dispute case released today, the people's court started from the revitalization of the rural economy, which not only resolved the contradiction between the two parties, but also promoted the continued advancement of local characteristic agricultural projects. Shanxi Meiyuan Huasheng Company and other financial loans In the case of contract disputes, the court upholds the concept of focusing on the people to promote common prosperity, protects legal income in accordance with the law, and has a clear-cut stand to deny illegal income." Liu Guixiang said.
The fifth is to resolve disputes through multiple linkages, and form a joint force for dispute resolution with organizations such as the Federation of Industry and Commerce and the Chamber of Commerce.
In 2019, the Supreme People's Court and the All-China Federation of Industry and Commerce jointly issued the "Opinions on Taking Advantage of the Mediation of Chambers of Commerce to Promote the Construction of a Diversified Dispute Resolution Mechanism in the Private Economy."
In 2020, the Supreme People's Court and the All-China Federation of Industry and Commerce jointly issued the "Opinions on Establishing and Improving the Communication and Contact Mechanism between the People's Court and the All-China Federation of Industry and Commerce."
In recent years, the people’s courts have further increased their work, actively uniting with the Federation of Industry and Commerce, Chamber of Commerce and other organizations to carry out mediation work on civil and commercial cases, and strive to form judicial synergy, and form a diversified dispute resolution mechanism.
Liu Guixiang said that more and more experienced and influential chamber of commerce leaders, private entrepreneurs, and talents who understand economy, law, and business management are participating in the resolution of commercial disputes.
Through the docking of the litigation platform of the Federation of Industry and Commerce and the court, the innovative development of online dispute resolution has properly resolved a large number of civil and commercial disputes involving private enterprises and members of chambers of commerce.
In a typical case, both "point" and "face" are selected.
From a "point" point of view, the Federation of Industry and Commerce in Nanhu District, Jiaxing, Zhejiang has established a special mediation committee. In one year, the mediation success rate is 63.4%, and the target amount is about 160 million yuan.
In terms of "face", in the past three years in Jiangsu Province, various chambers of commerce mediation organizations have effectively resolved 3,757 civil and commercial disputes, with a total amount of 1.027 billion yuan.
Practice has proved that multi-linked settlement of disputes is an effective and correct path, and we must continue to push forward and strive to deepen and go further.
“The 10 typical cases released today are just a small window for the people’s courts to boost the high-quality development of the private economy in recent years.” Liu Guixiang said, “We will continue to give full play to the civil and A chemical business environment, equal protection of the legal rights and interests of various market entities including private enterprises, and a higher level of judicial services and guarantees for the high-quality development of the private economy."