How to escort with the law? Bai Yansong is a member of the highest legal and vice ministerial level, responsible for the development concept and implementation of private enterprises
The rule of law is the best business environment. Promoting the development and growth of the private economy cannot be separated from the guarantee of the rule of law. The recently released "Opinions of the Central Committee of the Communist Party of China and the State Council on Promoting the Development and Growth of Private Economy" also have clear requirements. How to protect the property rights of private enterprises and the rights and interests of entrepreneurs in accordance with the law? Recently, the four departments of the Public Security, procuratorial and judicial departments have also released a series of typical cases related to this. How to view the typical significance of these typical cases? How to use the rule of law to create the best business environment for private enterprises? News 1+1: Bai Yansong connects with Liu Guixiang, a deputy ministerial level full-time member of the Judicial Committee of the Supreme People's Court, to jointly pay attention to the development of private enterprises. How can they be protected by law?
On July 31st, the Supreme People's Court released 11 typical cases of equal protection of private enterprises in accordance with the law. What aspects are involved in these cases? What legal issues are mainly faced by private enterprises in economic development? What is the process of trial execution?
What are the typical cases, including legal issues in the development of private enterprises, and what are their typical significance?
Liu Guixiang, Vice Minister level full-time member of the Judicial Committee of the Supreme People's Court: The 11 typical cases we have released this time are typical, and in fact, they reflect our judicial philosophy and attitude of adhering to the protection of private enterprises and private entrepreneurs in multiple aspects. In these published cases, for example, some are cases that protect the personality rights of private entrepreneurs, while others are cases that target corrupt behavior within private enterprises and protect their property rights through punishment. In some cases, we have also rescued financially troubled enterprises in accordance with legal provisions, enabling them to achieve rebirth. In other cases, we actively promoted the compliance reform of the involved enterprises in collaboration with relevant judicial authorities, adhering to the balance of punishment and governance, and guiding and promoting the compliance and law-abiding operation of enterprises. In addition, for some enterprises as executors, if their property is immediately executed, it may be difficult to effectively protect the interests of creditors and may also have a significant impact on the production and operation of the enterprise. Therefore, we adhere to the execution concept of goodwill and civilization, introduce new investors, revitalize enterprises, and achieve win-win, multi win, and win-win situations. Overall, by publishing these cases, we are actually sending a strong signal to society to provide comprehensive, multidimensional, and equal protection for private enterprises in accordance with the law.
Why was the preservation relief system initiated during the litigation period of the case?
Liu Guixiang, the deputy ministerial level full-time member of the Judicial Committee of the Supreme People's Court: This is also the characteristics of the Internet era, which is characterized by rapid dissemination, rapid diffusion, great influence and wide coverage of network information. When some false words appear on the internet, even maliciously slandering private enterprises and entrepreneurs, if we wait for the judgment result before taking corresponding prohibitive measures, it will cause irreversible and irreparable losses to private enterprises or entrepreneurs. Therefore, Article 997 of the Civil Code specifically provides for a legal system, which is the personality protection injunction system. That is to say, for those behaviors that are currently being implemented or may cause damage to reputation rights, and even for behaviors with realistic possibilities, corresponding bans should be issued in a timely manner to stop them from continuing to make false statements, so as to avoid the expansion of losses for the enterprise and further spread.
How can private enterprises solve the problem of difficult execution by improving their systems?
Liu Guixiang, Vice Minister level full-time member of the Judicial Committee of the Supreme People's Court: As for the execution work, the most important thing is to fulfill the winning rights of the winning parties, that is, real money and silver should be put in the pockets of the winning parties, which is a hard truth. Over the years, we have continuously introduced a series of enforcement measures, increased enforcement efforts, and focused on realizing the winning rights and interests of the winning parties. Of course, this also includes the situation of some government agencies, legal entities, and large enterprises defaulting on the accounts of small and medium-sized enterprises. We have specifically established and improved a green channel of "quick establishment, quick review, and quick execution" to recover the accounts of small and medium-sized enterprises and alleviate liquidity difficulties. Throughout the entire execution process, the key is to continuously improve the mechanism. For example, we have established an execution and control system that is in line with China's national conditions, an execution and property realization system, and an execution and dishonesty punishment mechanism. Through the construction of a series of institutional mechanisms, our execution efficiency is continuously improved. It has indeed played a very good role in fully protecting the winning rights of private enterprises.
How to enable enterprises to go further in the long run? Make entrepreneurs confident and not afraid?
Liu Guixiang, Vice Minister level full-time member of the Judicial Committee of the Supreme People's Court: I believe that the rule of law is the greatest certainty. With the certainty of the rule of law, we can boost the confidence of entrepreneurs, enhance their sense of security, and use the rule of law as a safeguard to ensure that our private enterprises can steadily move forward on the track of the rule of law, become better, bigger, and stronger.
How to understand "good faith and civilized execution"
Liu Guixiang, a deputy ministerial level full-time member of the Judicial Committee of the Supreme People's Court: The situations faced during the execution process are often very complex. If the unfinished building involved in the case is auctioned off, the result is that it is impossible for all creditors to fully realize their claims. During the execution process, it will also make the involved enterprise more in trouble, and even lead to bankruptcy liquidation. We adhere to the concept of good faith and civilization in the execution process, and adopt measures such as "releasing water and raising fish" according to different situations, in order to maximize the interests of creditors as much as possible, while reasonably taking corresponding execution measures to minimize the impact on the operation of the enterprise. For example, measures such as "live sealing" and "live withholding" instead of "dead sealing" and "dead withholding", such as allowing the confiscated property to continue to be used reasonably, should generally not limit its normal use. Even for some items that cannot be used according to legal regulations, reasonable preservation and preservation measures must be taken to ensure that the assets of the involved enterprises are not depreciated or damaged.
