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Opinions of the Supreme People's Court and the National Development and Reform Commission on Providing Judicial Services and Guarantees for Accelerating the Improvement of the System of Socialist Market Economy in a New Era [Effective]
最高人民法院、国家发展和改革委员会关于为新时代加快完善社会主义市场经济体制提供司法服务和保障的意见 [现行有效]
【法宝引证码】

Opinions of the Supreme People's Court and the National Development and Reform Commission on Providing Judicial Services and Guarantees for Accelerating the Improvement of the System of Socialist Market Economy in a New Era 

最高人民法院、国家发展和改革委员会关于为新时代加快完善社会主义市场经济体制提供司法服务和保障的意见

(No. 25 [2020] of the Supreme People's Court) (法发〔2020〕25号)

These Opinions are developed to implement the spirit of the Opinions of the CPC Central Committee and the State Council on Accelerating the Improvement of the System of Socialist Market Economy in a New Era, fully leverage the functional role of trials, create a pro-business environment governed by law to support the high-quality economic development, and provide strong judicial services and guarantees for accelerating the improvement of the system of socialist market economy in a new era in accordance with the needs of economic and social development and the actual circumstances of adjudication and enforcement. 为深入贯彻落实《中共中央 国务院关于新时代加快完善社会主义市场经济体制的意见》精神,充分发挥审判职能作用,营造适应经济高质量发展的良好法治化营商环境,为加快完善新时代社会主义市场经济体制提供有力司法服务和保障,结合经济社会发展需要和人民法院审判执行工作实际,制定本意见。
I. Improving the mechanism for judicial protection of market entities and further increasing the vitality of micro-economic entities   一、完善市场主体司法保护机制,进一步增强微观主体活力
1. Various market entities shall be equally protected in accordance with the law. Equal legal status, equal application of law and equal protection of rights shall be unswervingly given to the public sector and non-public sector of the economy. Judicial protection of the non-public sector shall be continuously strengthened. Litigation rights and substantive rights of Chinese and foreign parties shall be equally protected, and higher-level opening up shall be further advanced. Fairness in justice shall be strictly upheld, and personality rights and property rights of private enterprises and entrepreneurs shall be given equal protection, so as to ensure that various market entities will have equal access to production factors and participate in market competition on an open and fair basis. 1.依法平等保护各类市场主体。坚持公有制经济和非公有制经济法律地位平等、法律适用平等、权利保护平等,不断加强对非公有制经济的司法保护力度。依法平等保护中外当事人的诉讼权利和实体权益,坚定不移扩大高水平开放。坚持严格公正司法,平等保护民营企业和企业家的人格权益和财产权益,保障各类市场主体平等使用生产要素,公开公平参与市场竞争。
2. The system of judicial judgment rules for market entities shall be improved. With the implementation of the Civil Code as an opportunity, judicial interpretations for the relevant provisions shall be reviewed and revised in a timely manner, and any provisions that divide market entities based on the types of ownership or treat private enterprises unequally shall be repealed. Rules of judicial adjudication for for-profit legal persons shall be improved, and a modern legal person system favorable for innovation and development shall be promoted and established. In response to the latest development of the special legal person system and in accordance with the requirements of the central government for new effective organizational forms and operating mechanisms of rural collective economic organizations, active measures shall be taken to deal with actual problems to be solved in judicial practices regarding basic characteristics, attributes of legal person, functional roles and operating mechanisms of rural collective economic organizations. Valuable experience shall be learnt from the legal systems of successful foreign market entities; new market entities such as high-tech enterprises, and limited partnerships existing in the financial industry and high-end service industries shall be regulated, assisted and protected; and the judicial environment that supports the development of the private economy and foreign-invested enterprises shall be improved. 2.完善市场主体司法裁判规则体系。以贯彻实施民法典为契机,及时开展司法解释清理修订工作,废除按照所有制类型区分市场主体和对民营企业不平等的规定。完善营利法人的司法裁判规则,推动形成有利于创新和发展的现代法人制度。针对特别法人制度的最新发展,按照中央创新农村集体经济组织有效组织形式和运行机制的要求,积极应对司法实践中涉及农村集体经济组织基本特征、法人属性、功能作用、运行机制等亟待解决的现实问题。吸收借鉴国际成熟市场主体法律制度的有益经验,规范、扶持和保护高新科技企业、金融业和高端服务业领域存在的有限合伙企业等新型市场主体,健全支持民营经济、外商投资企业发展的司法环境。
3. The improvement of the corporate governance structure of state-owned enterprises (SOEs) shall be promoted. In accordance with the requirements for “accelerating the improvement of the corporate governance structure and market-based operating mechanism of SOEs”, focus shall be placed on deepening the reform of the supervision and administration mechanism for SOEs and state-owned assets, and the relationship between owners and agents of state-owned assets shall be further clarified. Cases involving the losses of state-owned assets caused by insider control, transactions with affiliates, and legal representative's guarantee for the payment of debts in violation of regulations shall be properly handled. Directors, supervisors and senior managers who violate their duty of loyalty and diligence shall be subject to legal liabilities. SOEs shall be encouraged to establish a sound internal supervision system and internal control mechanism, and regulate the allocation of powers and responsibilities as well as the way of exercising rights. These efforts will enhance the modern corporate system with Chinese characteristics. Mixed-ownership enterprises shall be supported in exploring the establishment of a governance mechanism different from wholly state-owned and wholly state-invested companies, and paying attention to protecting the lawful rights and interests of employees holding shares and non-public shareholders. Therefore, the vitality of new market entities will be stimulated. 3.推动完善国有企业法人治理结构。按照“加快完善国有企业法人治理结构和市场化经营机制”要求,立足深化国有企业和国有资产监督管理体制改革,进一步明晰国有产权所有者和代理人关系,依法妥善审理因内部人控制、关联交易、法定代表人违规担保等导致国有资产流失的案件,依法追究董事、监事和高级管理人员违反忠实义务、勤勉义务的法律责任,促进国有企业健全完善内部监督制度和内控机制,规范权责定位和行权方式,完善中国特色的现代企业制度。依法支持混合所有制企业探索建立有别于国有独资、全资公司的治理机制,注重维护持股员工、非公有制股东的合法权益,激发新型市场主体的活力。
4. Stronger judicial protection shall be provided for small and medium-sized shareholders. The legislative spirit of the Company Law and the Securities Law in the protection of special market entities shall be strictly implemented, and the lawful rights and interests of small and medium-sized shareholders shall be effectively protected to enhance the confidence of investors. The relationship between the freedom of contract and the justice of contract shall be correctly dealt with, the obligation of financial institutions to manage investor suitability and their burden of proof shall be properly determined, and the protection of the lawful rights and interests of financial consumers shall be given priority. Disputes over liability for securities fraud shall be accepted and tried according to the law. The role of lawsuits for civil compensation in regulating the securities market and deterring wrongdoings shall be leveraged. The costs of illegal acts and violations in the capital market shall be increased. Continued efforts shall be made to promote the diversified resolution mechanism for disputes over securities and futures, and support shall be provided for establishing work mechanisms such as non-litigation mediation and compensation in advance. More judicial channels for investors to claim compensation shall be provided by supporting litigations and making model judgments, so as to effectively help small and medium-sized investors in the securities market resolve difficulties in protecting their rights and interests. 4.加强中小股东司法保护。严格落实公司法证券法优先保护特殊市场主体的立法精神,切实保护中小股东的知情权、利润分配权等合法权益,增强投资者信心。正确处理契约自由与契约正义的关系,合理确定金融机构的适当性管理义务和举证责任,优先保护金融消费者合法权益。依法受理、审理证券欺诈责任纠纷案件,发挥证券侵权赔偿诉讼的规范、震慑功能,提高资本市场违法违规成本。继续推进证券期货纠纷多元化解机制建设,支持建立非诉讼调解、先行赔付等工作机制,通过支持诉讼、示范判决等方式拓宽投资者索赔的司法路径,切实解决证券市场中小投资者维权难问题。
5. The judicial rescue and exit mechanism for market entities shall be improved. The central tasks of the supply-side structural reform shall be emphasized. In accordance with the requirements of the Reform Plan on Accelerating the Improvement of the Exit System for Market Entities issued by the National Development and Reform Commission, the exit of “zombie enterprises” shall be expedited, the role of bankruptcy and reorganization in rescuing enterprises shall be maximized, and the protection and rescue of enterprises in difficult situation yet having business value shall be strengthened. The rules of implementing reorganization procedures shall be refined. The coordination between the out-of-court reorganization system, the pre-organization system and the system of bankruptcy through reorganization shall be enhanced. The work mechanism for governments and courts to work on insolvent companies shall be improved. The methods and measures of comprehensively resolving difficulties of enterprises and jointly handling financial risks shall be explored. The role that the enterprise bankruptcy system plays in the society shall be expanded and extended. A mechanism for the rescue and exit of socialist market entities and other various market entities such as for-profit legal persons, non-for-profit legal persons, unincorporated organizations and natural persons shall be established. The rules of cross-border bankruptcy and bankruptcy of affiliated enterprises shall be optimized, and the resolution of judicial challenges such as cross-border bankruptcy and bankruptcy of entities with a complex corporate structure shall be advanced. The initiation and trial procedures of enterprise bankruptcy shall be further improved. More efforts shall be made to transfer enforcement to insolvent liquidation. The bankruptcy trustee system and mode shall be optimized, and the mechanism for protecting the rights and interests of the relevant parties during the exit of market entities and the supporting policies shall be enhanced. More professional and information-based trials of bankruptcy cases shall be supported. The quality and efficiency in hearing bankruptcy cases shall be increased. 5.健全市场主体司法救治退出机制。抓住供给侧结构性改革主线,按照发展改革委《加快完善市场主体退出制度改革方案》要求,加快“僵尸企业”出清,充分发挥破产重整的拯救功能,加强对陷入困境但具有经营价值企业的保护和救治。细化重整程序的实施规则,加强庭外重组制度、预重整制度与破产重整制度的有效衔接。完善政府与法院协调处置企业破产事件的工作机制,探索综合治理企业困境、协同处置金融风险的方法和措施。拓展和延伸破产制度的社会职能,推动建立覆盖营利法人、非营利法人、非法人组织、自然人等各类市场主体在内的社会主义市场主体救治和退出机制。完善跨境破产和关联企业破产规则,推动解决跨境破产、复杂主体破产等司法难题。进一步完善企业破产启动与审理程序,加大执行转破产工作力度。优化管理人制度和管理模式,推动完善市场主体退出过程中相关主体权益的保障机制和配套政策。加强破产审判的专业化和信息化建设,提高破产案件审理质效。
II. Strengthening the judicial protection of property rights and the institutional foundation for effective operation of the market economy   二、加强产权司法保护,夯实市场经济有效运行的制度基础
6. The system for the protection of property rights under the principle of fairness and justness shall be improved. The judicial policies of protecting property rights shall be strictly implemented, and property rights and other lawful rights and interests in various forms of ownership shall be equally protected. The modern property rights system with clear ownership, well-defined rights and obligations, strict protection and smooth transactions shall be improved. The criteria of judgment shall be clarified and unified, the relations of property rights shall be accurately defined, and the scope of property used to repay debts shall be reasonably determined. The resolution of prominent issues in the protection of property rights such as losses of state-owned assets, infringement upon private property by public power, and illegal seizure, impounding and freezing of the property of private enterprises shall be given priority. Economic disputes shall be clearly distinguished from economic crimes, criminal compulsory measures shall be used with caution in economic disputes, the preservation and disposition of property related to cases shall be strictly regulated, and the effective prevention and regular error correction mechanism for misjudged cases involving property rights shall be improved. The principle of statutory compensation shall be upheld, and the enforcement of decisions on compensation for misjudged cases involving property rights shall be intensified. The principles of resolving the disputes in lawsuits on objection to enforcement, realization of security interest, and bankruptcy claims shall be followed. The concept of good-faith and civilized enforcement shall be strengthened. Seizing property beyond reasonable standards or unauthorized seizure shall be prohibited, and a sound mechanism for financing payment of debts against seized property and disposal of seized property shall be established so as to preserve the operating value of enterprises' property as much as possible. The protection of digital currencies, online virtual property and data, and other new types of rights and interests shall be strengthened, and the role of judicial decisions in guiding the value of property rights protection shall be maximized. 6.健全以公平公正为原则的产权保护制度。严格执行产权保护司法政策,全面依法平等保护各种所有制经济产权和合法权益,推动健全归属清晰、权责明确、保护严格、流转顺畅的现代产权制度。明确和统一裁判标准,准确界定产权关系,合理划定责任财产范围,重点解决国有资产流失,利用公权力侵害私有产权,违法查封、扣押、冻结民营企业财产等产权保护中的突出问题。严格区分经济纠纷与经济犯罪,依法慎用刑事强制措施,严格规范涉案财产的保全和处置措施,健全涉产权冤错案件有效防范和常态化纠错机制。坚持法定赔偿原则,加大涉产权冤错案件赔偿决定执行力度。完善和统一执行异议之诉、担保物权实现、破产债权清偿中的权利冲突解决规则。强化善意文明执行理念,严禁超标的查封、乱查封,建立健全查封财产融资偿债和自行处置机制,尽最大可能保持企业财产运营价值。加强对数字货币、网络虚拟财产、数据等新型权益的保护,充分发挥司法裁判对产权保护的价值引领作用。
7. Various acts of infringement on property rights shall be restrained and punished. The crimes of misappropriating, carving up and cheaply selling state-owned and collective assets shall be punished according to the law, and the rules of asset supervision and administration shall be continuously improved. The rules of attaching equal importance to punishment for crimes and recovery of illegal gains shall be followed. Illegal and criminal acts that target at entrepreneurs and that severely impede the development of private enterprises shall be punished. Property of private enterprises that has been embezzled or misappropriated shall be recovered according to the law, and the system of property return and compensation shall be improved. Illegal and criminal acts involving intellectual property rights shall be punished, with stronger efforts to combat chained and industrialized crimes relating to intellectual property. Infringement on property rights and the civil liabilities arising therefrom shall be reasonably identified, judicial interpretations for representative action in disputes over securities shall be issued in a timely manner, and the rights of shareholders in listed companies and companies on the NE 7.依法惩治各类侵犯产权行为。依法惩治侵吞、瓜分、贱卖国有、集体资产的犯罪,推动完善资产监督管理制度。坚持惩罚犯罪与追赃挽损并重的原则,打击针对企业家和严重危害民营企业发展的违法犯罪行为,依法追缴民营企业被侵占、挪用的财物,完善财产返还和退赔制度。依法制裁知识产权违法犯罪,加大对链条式、产业化知识产权犯罪的惩治力度。合理认定产权侵权行为及其民事责任,及时出台证券纠纷代表人诉讼司法解释,保护上市公司与新三板公司股东权利。依法支持行政机关为保护产权实施的行政执法行为,纠正侵犯产权的违法行政行为,修订完善行政赔偿案件司法解释。
EQ shall be protected. Administrative enforcement of administrative organs to protect property rights shall be supported, and illegal administrative acts that infringe on property rights shall be corrected. Judicial interpretations for administrative compensation cases shall be revised and improved. 
 8.服务农村集体产权制度改革。依法加强对农村集体产权制度改革的司法保障,促进集体资产保值增值,不断增加农民收入,推动乡村振兴发展,巩固脱贫攻坚成果。严格实施土地管理法农村土地承包法和民法典物权编规定,妥善审理农村承包地、宅基地“三权分置”产生的土地权属流转纠纷案件,依法依规认定承包地经营权流转合同、宅基地使用权流转合同的效力,促进土地资源有效合理利用。依法保护农户土地承包权和宅基地资格权,确保农村土地归农民集体所有。依法保护农村集体经济组织成员权益,对农村集体经济组织将经营性资产、资源性资产折股量化到集体经济组织成员的,要依法充分保障农村集体经济组织成员参与经营决策和收益分配的权利。
8. The reform of the rural collective property rights system shall be supported. Judicial protection for the reform of the rural collective property rights system shall be strengthened, which is crucial for preserving and increasing the value of collective assets, continuously increasing the income of farmers, promoting rural revitalization and development, and consolidating the achievements in poverty alleviation. The provisions of the Land Management Law, the Law on the Contracting of Rural Land, and the Book of Real Rights of the Civil Code shall be strictly implemented. Disputes over the transfer of land ownership and land use rights arising from “the separation of three rights” on contracted land and rural land for private housing shall be properly tried. The validity of contracts for transfer of management rights of contracted land and contracts for the transfer of use rights of rural land for private housing shall be ascertained according to laws and regulations, so as to promote effective and reasonable use of land resources. The land contracting rights and the qualification rights of rural land for private housing of farmers shall be protected according to the law to ensure that rural land resources are collectively owned by farmers. The rights and interests of the members of rural collective economic organizations shall be properly protected. If a rural collective economic organization converts operating assets and resource assets into shares and allots them to its individual members, the right of the members to participate in business decisions and allocation of benefits shall be effectively protected. 
 9.公正审理土地征收征用案件。严格界定公共利益用地范围,对不符合公共利益需要征收、征用土地的行为,依法不予支持。支持行政机关依法打击各种违法占用耕地行为,确保耕地和永久基本农田不受侵犯。遵循及时合理补偿原则,综合运用多种方式对被征收征用者进行公平合理补偿,维护被征收征用者的合法权益。妥善审理承包地征收补偿费用分配纠纷案件,防止农村集体经济组织非法截留土地承包经营权人应得的补偿。
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