China News Service, July 22. On the 22nd, the Supreme Law and the National Development and Reform Commission jointly issued the "Opinions on Providing Judicial Services and Guarantees for Accelerating the Improvement of the Socialist Market Economic System in the New Era" (hereinafter referred to as the "Opinions"). He Xiaorong, a full-time member of the Judicial Committee of the Supreme People's Court, said that the "Opinions" require that the principle of statutory compensation be adhered to, and the effective prevention and normalization of error correction mechanisms for cases involving property rights should be strengthened; support administrative agencies to crack down on various illegal occupations of farmland in accordance with the law Act to ensure that cultivated land and permanent basic farmland are not violated.
Data Map: Golden Field. Photo by Deng Heping
The Supreme Law held a press conference on the 22nd. At the meeting, He Xiaorong pointed out that the "Opinions" take the promotion of high-quality economic development and the establishment of a high-standard market system as the starting point and goal, from market entities, property rights protection, fair transactions, market order, people's livelihood protection, open services, and efficient dispute resolution. In seven aspects, 31 recommendations were put forward. details as follows:
——Improve the judicial protection mechanism of market entities and further enhance the vitality of micro entities . The core of the market economy is fair competition, and the premise of fair competition is equality of subjects. The "Opinions" insist on the equal protection of various market entities in accordance with the law, guarantee equal access to production factors by different market entities, and explicitly require the abolition of judicial judgment rules that distinguish between market entities and unequal protection of private enterprises based on ownership types.
Strengthen the protection of new market entities and promote the formation of a modern legal person system conducive to innovation and development. In response to the problems of unclear powers and responsibilities, insufficient constraints, lack of checks and balances, and insufficient vitality of state-owned enterprises, centering on the main line of supply-side structural reforms and serving mixed ownership reforms, we will promote the improvement of the corporate governance structure of state-owned enterprises and the improvement of market entities’ rescue and exit mechanisms. To protect the interests of small and medium shareholders and other issues, put forward specific judicial protection opinions.
——Strengthen the judicial protection of property rights and consolidate the institutional foundation for the effective operation of the market economy. Those who have permanent birth have perseverance. Improving a modern property right system with clear ownership, clear rights and responsibilities, strict protection, and smooth circulation is the basic guarantee for boosting market confidence and stimulating market vitality. The Supreme People's Court has specifically issued opinions on strengthening the judicial protection of property rights, and has also issued a series of guiding cases for the protection of property rights. The "Opinions" put forward specific opinions in six aspects: the protection of the property rights system, the punishment of infringements, the reform of the rural property rights system, the fair trial of land expropriation cases, the strengthening of the protection of natural resource property rights, and the establishment of a national innovation system.
The "Opinions" require that the judgment standards be clarified and unified, the relationship between property rights is accurately defined, and the focus is on solving outstanding problems in the protection of property rights such as illegal seizures, seizures, and freezing of private enterprise property; adhere to the principle of statutory compensation, and increase the effective prevention and treatment of unjust cases involving property rights. Normalize the error correction mechanism; strictly prohibit excessive seizures and random seizures, establish and improve the seized property financing debt repayment and self-disposal mechanisms, and maintain the operating value of corporate property as much as possible; strengthen the protection of new rights and interests such as digital currency, online virtual property, and data , To give full play to the value leading role of judicial decisions in the protection of property rights.
Crack down on illegal and criminal acts that target entrepreneurs and seriously endanger the development of private enterprises, recover the embezzled and misappropriated property of private enterprises in accordance with the law, improve the property return and compensation system; punish violations and crimes of intellectual property rights in accordance with the law, and increase the protection of chain and industrialized intellectual property rights Punishment of crimes; protect the rights and interests of members of rural collective economic organizations in accordance with the law, and quantify the conversion of operating assets and resource assets to members of collective economic organizations for rural collective economic organizations, and fully guarantee the members of rural collective economic organizations to participate in business decision-making and profits in accordance with the law The right to allocate; support administrative agencies to crack down on various illegal occupations of cultivated land in accordance with the law, and ensure that cultivated land and permanent basic farmland are not violated; strengthen the rules and guidelines for technological innovation, business model innovation and technological factor markets, and contribute to the construction of national innovation systems and emerging industries Development provides judicial guarantee.
-Guarantee the reform of the market-oriented allocation of factors, and promote the establishment of a fair, just, and orderly competitive market system. In order to promote the market-oriented allocation of factors, the "Opinions" put forward specific opinions in five aspects: respecting contracts, promoting financial services to entities, expanding the scope of guarantee contracts, regulating Internet transactions, and promoting optimal allocation of labor factors. The first is to respect the voluntary and contractual spirit of the contract. The second is to promote financial and private capital to serve the real economy. The third is to determine the validity of atypical guarantee contracts with guarantee functions in accordance with the law. The fourth is to effectively play the optimized and integrated role of the Internet in the allocation of production factors. The fifth is to promote the optimal allocation of labor elements in accordance with the law.
——Maintain social integrity and market order, and create a legal business environment suitable for high-quality economic development. The business environment is an important soft power and core competitiveness of a country and region, and it is also a prerequisite for accelerating the improvement of the socialist market economic system.
The "Opinions" are based on the judicial trial function, from supporting and serving the reform of "delegation, regulation and service" in accordance with the law, strengthening anti-unfair competition and anti-monopoly trials, standardizing the order of investment and financing in the financial market, and strengthening the construction of a mechanism for clearing and punishing "debt evasion". Request from various parties. The "Opinions" emphasized that administrative cases involving administrative examination and approval, administrative licenses, and administrative agreements should be tried in accordance with the law to serve the rule of law government and the construction of government integrity; to judge the legitimacy of competition in accordance with the law, to stop unfair competition and monopoly in a timely manner, to increase illegal costs, and to guide Market entities compete in an honest, fair and orderly manner to enhance the vitality of market competition.
——Strengthen the judicial protection of people's livelihood and realize a higher level of fairness and justice. The economy is the most important, and the people's livelihood is the big one. The "Opinions" closely focus on protecting and improving people's livelihood and promoting society to achieve a higher level of fairness and justice, and put forward five opinions on people's livelihood security. The first is to focus on the practical requirements for resuming work and production, and provide precise judicial services and guarantees for normalized epidemic prevention and control and economic and social development. The second is to strengthen the protection of the rights and interests of disadvantaged groups such as consumers and workers. The third is to strengthen the protection of data rights and personal information security. The fourth is to guide real estate transactions to return to residential properties, prevent speculative behaviors of land speculation, give full play to the social security function of the housing right system to help the weak, and protect the legitimate rights and interests of priority tenants and housing right holders in accordance with the law. The fifth is to standardize and improve food and drug safety supervision, correctly apply the first responsibility system, punitive damages and other systems, adhere to the "four strictest" standards, and ensure the "beep safety" of the people.
——Improve the foreign-related judicial guarantee mechanism, and promote the construction of a broader, broader, and deeper level of full opening. Adhering to high-level opening up and deepening market-oriented reforms to promote mutual progress are the basic principles that should be followed in accelerating the improvement of the socialist market economic system in the new era. The "Opinions" combined the people's courts' foreign-related commercial trial work, accurately served the implementation of the country's opening strategy, and put forward three opinions on improving the foreign-related judicial guarantee mechanism.
The "Opinions" require that international judicial assistance with countries along the "Belt and Road" be deepened, foreign-related civil and commercial cases should be properly resolved in accordance with the law, the legal rights and interests of Chinese and foreign parties are equally protected, the fair competition of domestic and foreign enterprises, and the legal rights and interests of foreign capital should be protected in accordance with the law; Promote international private law exchanges and cooperation, strictly abide by international law and recognized basic norms of international relations; focus on trade and investment liberalization and facilitation, identify the integration point of judicial trial and deepen the reform of pilot free trade zones, and steadily promote the construction of self-owned trading ports, and continue to advance Free trade pilot zone, free trade port rule of law construction.
——Taking the one-stop multiple dispute resolution as the starting point, build a convenient and efficient conflict resolution mechanism with Chinese characteristics, more adapted to the needs of the market economy, and more efficient. The socialist market economy is an economy that takes into account both efficiency and fairness. To speed up the improvement of the socialist market economy and provide judicial services and guarantees, the people's courts must also take into account efficiency and fairness, and continuously improve the ability of the people to efficiently resolve conflicts and disputes.
The "Opinions" take the one-stop multiple dispute resolution as the entry point, from three aspects: deepening civil and administrative litigation reforms, comprehensively improving the quality and level of one-stop multiple dispute resolution, and promoting the integration and interaction of source governance and social governance. , Put forward the goal of establishing a convenient and efficient conflict resolution mechanism with Chinese characteristics, more suitable for the needs of the market economy, and high efficiency. The "Opinions" emphasized that it is necessary to actively promote the in-depth application of modern technologies such as the Internet, artificial intelligence, big data, cloud computing, blockchain, and 5G in the judicial field, give full play to the role of judicial big data, and strengthen efforts to deepen market-oriented reforms and expand Research and judge the problems that arise in horizontal opening, and effectively serve scientific decision-making.