Resolutely curb profit-seeking law enforcement and create a better business environment

　　This year's National Two Sessions, the topic of private enterprises is the focus of delegates.

　　On March 5, the second session of the 14th National People's Congress opened in Beijing. Premier Li Qiang mentioned private enterprises several times in his government work report (hereinafter referred to as the "report").

　　There is one item in the report that has attracted the attention of some entrepreneurs, especially private entrepreneurs.

The report proposes to implement actions to reduce logistics costs, improve long-term mechanisms to prevent and resolve arrears of corporate accounts, and resolutely investigate and punish arbitrary charges, fines, and apportionments.

Promote excellent entrepreneurial spirit, actively support entrepreneurs to focus on innovation and development, dare to venture, dare to invest, and run enterprises well in a down-to-earth manner.

　　This year's two sessions across the country have attracted considerable attention on issues related to the protection of the rights and interests of private enterprises.

According to media reports, Lu Hongbing, a member of the National Committee of the Chinese People's Political Consultative Conference and a partner of Guoco Law Firm (Shanghai), plans to submit a "Recommendation on Legislation for the Promotion of Private Economy" this year.

Lu Hongbing believes that the key point is to effectively protect the legitimate property rights and interests of private enterprises.

For example, when sealing, freezing and disposing of property involved in a case, the scope should not be expanded arbitrarily and the amount should not be increased arbitrarily, and the principles of appropriateness, reasonableness and fairness should be reflected.

　　This is a "timely rain" for some private entrepreneurs who have encountered profit-seeking law enforcement.

　　The rule of law is the best business environment.

Once profit-seeking law enforcement occurs, it is also critical for private enterprises to be able to safeguard their reasonable interests in a timely, efficient and low-cost manner. This is also the confidence for private enterprises to develop and grow.

　　An enterprise has achieved rights protection without spending a penny. This is what Zheng Shun, a member of the National Committee of the Chinese People's Political Consultative Conference, deputy chairman of the Sichuan Provincial Committee of the Zhi Gong Party, and deputy director of the Sichuan Provincial Department of Justice, said at the second session of the 14th National Committee of the Chinese People's Political Consultative Conference on March 4. Real cases shared at the first "Committee Channel" collective interview event.

　　Zheng Shun introduced that a small and medium-sized enterprise successfully won the bid for a public construction project, but Party A refused to sign the contract without giving a reasonable explanation.

This small and medium-sized enterprise has made a lot of early preparations and investments in the project, so it is very anxious.

For more than a year, the company negotiated with Party A through various methods, but to no avail.

Finally, the company complains to the judicial administrative department through the Internet.

After receiving the complaint, the judicial administrative department took active action and adopted the method of "legal services + administrative mediation". It only took half a month for the two parties to reach an agreement. Party A agreed to compensate the company for its corresponding losses, and the company did not spend a penny. Money enables rights protection.

The company is very satisfied with the results.

　　Zheng Shun believes that although the above-mentioned case is small, it confirms a truth: "The rule of law is the best business environment, and the protection of the legitimate rights and interests of small and medium-sized enterprises must rely on the rule of law."

　　In order to protect the fair participation of small and medium-sized enterprises in market competition and safeguard the legitimate rights and interests of small and medium-sized enterprises, the "Small and Medium-sized Enterprises Promotion Law of the People's Republic of China" revised in 2017 specially set up a chapter on "Protection of Rights and Interests", including a total of seven specific contents involving the protection of all aspects of rights and interests.

"The case I just mentioned is that the complaint mechanism stipulated in this chapter has taken advantage of convenience, efficiency and low cost."

　　Small and medium-sized enterprises are the "capillaries" of the national economy and can be found in every corner of economic and social development.

Looking forward to the future, my country's domestic demand market is huge, factor protection is sufficient, industrial supporting systems are complete, marketization, legalization, and international business environments are constantly optimized, and the development prospects of small and medium-sized enterprises are very broad.

Zheng Shun said: "Small and medium-sized enterprises can accomplish great things and are an important force in promoting innovation, promoting employment, and improving people's livelihood. It is crucial to protect the legitimate rights and interests of small and medium-sized enterprises through the rule of law. We must continue to enrich the practice of rule of law for the people and better assist them." High-quality development of small and medium-sized enterprises involving tens of millions of people and families.

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　　However, during the enforcement process of individual law enforcement agencies, some private enterprises encountered arbitrary charges and fines, arbitrary closure of enterprises, and misappropriation of property that should be returned... In response to these problems, this year's National Two Sessions, members of the National Committee of the Chinese People's Political Consultative Conference, and Beijing Jintai Law Firm Director Pi Jianlong plans to submit a proposal to the National Committee of the Chinese People's Political Consultative Conference on protecting the legitimate rights and interests of private enterprises and resolutely curbing profit-seeking law enforcement.

　　"Once a private enterprise encounters profit-seeking law enforcement, the company will face the risk of being unable to operate normally." Pi Jianlong is concerned that at present, there are no relevant provisions in Chinese law that explicitly prohibit profit-seeking law enforcement.

In 2021, the Ministry of Public Security issued the "Seven Regulations Prohibiting Profit-Seeking Law Enforcement by Public Security Agencies" (hereinafter referred to as the "Regulations"), which proposed prohibiting the use of fines for the purpose of generating income.

Pi Jianlong believes that the "Regulations" are only departmental regulations and have a low level of legal effect.

Other law enforcement agencies do not have such provisions.

　　In this regard, he suggested that the enactment of the Private Economy Promotion Law should be taken as an opportunity to clearly stipulate in the law that profit-seeking law enforcement is prohibited, law enforcement agencies are prohibited from using fines as a means to generate revenue, criminal means are prohibited from intervening in civil economic disputes, and competition for ownership rights is prohibited. Jurisdiction over cases of confiscation of income, etc., to protect the legitimate personal and property rights and interests of private enterprises and private entrepreneurs.

　　China Youth Daily·China Youth Daily trainee reporter Zhao Limei reporter Zhang Junbin Source: China Youth Daily