The Supreme Court has announced 11 cases! Xiaomi Case Listed, Equal Protection of Private Enterprises in Accordance with the Law 6: Leqing Baole Energy Industry Co., Ltd. | Protection | Private Enterprises
On the 31st, the Supreme People's Court released 11 typical cases of equal protection of private enterprises in accordance with the law, showcasing the active judicial actions of the people's courts, adhering to equal protection in accordance with the law, and serving the development of the private economy.
In the case of Xiao, the actual controller of Datong Logistics Co., Ltd. in Laohekou City, committing the crime of forging official documents, certificates, and seals of state organs, as well as forging company and enterprise seals, the people's court actively promoted the compliance reform of the involved enterprises, minimized the impact of judicial measures on the normal production and operation of the enterprise, saved the enterprise, and promoted its compliance and law-abiding operation. In the preservation ruling of the network infringement liability dispute between Xiaomi Technology Co., Ltd. and Ling, the people's court used injunctions to timely stop the infringement behavior of spreading rumors and slandering private enterprises and entrepreneurs, demonstrating the judicial attitude of the people's court in cracking down on malicious damage to the reputation rights of enterprises in accordance with the law.
It is reported that typical cases fully implement the principle of equal protection in accordance with the law. In the service contract dispute case between Shenyang Electric Power Engineering Consulting Co., Ltd. and the Agriculture and Rural Bureau of Hunnan District, Shenyang City, the court ordered the Agriculture and Rural Bureau of Hunnan District to assume the liability for breach of contract and take effective enforcement measures to timely realize the winning rights and interests of private enterprises.
In addition, typical cases of legally rescuing private enterprises in financial distress demonstrate the concept of good faith and civilized execution. In a series of execution cases involving the assistance of Dongying Penghao Real Estate Development Co., Ltd. and other companies in promoting healthy development by the Intermediate People's Court of Dongying City, Shandong Province, the People's Court lawfully invested in the restoration of project construction related to dilapidated buildings during the execution process, properly resolved the over 800 million yuan debt of nearly 900 creditors, fully paid the wages of migrant workers, and ensured stable employment for employees. Through this series of typical cases, guide people's courts at all levels to ensure the realization of the legitimate rights and interests of the winning party in the execution, while minimizing the impact on the production and operation of the executed enterprise.
"A case is worth a dozen documents," said Liu Guixiang, a deputy ministerial level full-time member of the Judicial Committee of the Supreme People's Court. In the next step, the People's Court will continue to adhere to strict and fair justice, active justice, and create a legal business environment that is safe, commercial, and beneficial to enterprises, making positive contributions to the high-quality development of the economy and society.
Attachment: Catalogue of Typical Cases of People's Courts Protecting the Property Rights of Private Enterprises and the Rights and Interests of Entrepreneurs in accordance with the Law
Case 1: Contract dispute between Ningbo Dongqianhu Cultural and Tourism Development Group Co., Ltd. and Ningbo Dongqianhu Cultural and Tourism Scenic Area Management Co., Ltd. v. Ningbo Giant Commercial Brand Management Co., Ltd
Case 2: Xiaomi Technology Co., Ltd. v. Network Infringement Liability Dispute Case Behavior Preservation Ruling
Case 3: Service Contract Dispute between Shenyang Electric Power Engineering Consulting Co., Ltd. and the Agriculture and Rural Bureau of Hunnan District, Shenyang City
Case 4: Hualong Natural Gas Co., Ltd. and Puyang Huarun Gas Co., Ltd. in Hualong District, Puyang City v. Urban Management Bureau and People's Government of Puyang City, Henan Province, confirming the invalidity of administrative agreements
Case 5: Dispute over Trade Secrets of Breeding Materials Involving "Wannuo 2000"
Case 6: Bankruptcy Reorganization Series Cases of Leqing Baole Energy Industry Co., Ltd. and Others
Case 7: Bankruptcy liquidation and reorganization case of Shanghai Sanchagang Industrial Co., Ltd
Case 8: Xiao and others, the actual controllers of Laohekou Datong Logistics Co., Ltd., committed the crime of forging official documents, certificates, and seals of state organs, as well as the crime of forging company and enterprise seals
Case 9: Case of Liu, the manager of Jiujiang Dahong Steel Co., Ltd., occupying his position
Case 10: Intermediate People's Court of Dongying City, Shandong Province Assisted Dongying Penghao Real Estate Development Co., Ltd. and Other Healthy Development Series Execution Cases
Case 11: Purchase and sales contract dispute between Tangshan Chengtang Trading Company and Tianjin Xijin Concrete Company