Original title: Leading and escorting high-quality development with the rule of law Jiangsu vigorously creates a legalized business environment
General Secretary Xi Jinping has repeatedly emphasized that the rule of law is the best business environment. The report of the 20th National Congress of the Communist Party of China clearly stated “to create a first-class business environment that is market-oriented, ruled by law, and internationalized.” During the two sessions of the country this year, General Secretary Xi Jinping emphasized that the property rights of private enterprises and the rights and interests of entrepreneurs should be protected in accordance with the law when visiting members of the Federation of Industry and Commerce of the Democratic National Construction Association who participated in the CPPCC meeting.
Jiangsu has always regarded the optimization of the business environment as a “first move” to stabilize growth and expectations and promote high-quality development. The rule of law clarifies the boundary between the government and the market, improves service efficiency, and stimulates market vitality, making the rule of law the “hardest core” of the business environment. .
Department Interpretation
Xia Daohu, deputy to the National People’s Congress, Secretary of the Party Leadership Group and President of the Provincial Higher People’s Court:
Optimizing the legal business environment with fair justice
Since 2018, Jiangsu courts have always kept in mind the “big country”, clarified the working idea of ”creating high-quality judiciary and serving high-quality development”, firmly established the concept that “cases are all about the business environment”, and actively participated in the optimization of Jiangsu’s business environment. Actions, focusing on key tasks and key indicators, coordinating the establishment of trials and implementing precise efforts in various fields and links, successively issued more than 20 judicial documents, including 12 judicial measures to strengthen the judicial protection of property rights, serve the construction of a unified national market, and help companies bail out , concluded 753,000 commercial cases in the first instance, promoted the construction of Nanjing’s rule of law park, gave full play to the guarantee role of the rule of law in solidifying the foundation, stabilizing expectations, and benefiting the long-term, and provided strong judicial services and guarantees for Jiangsu to “walk ahead, take the lead, and make more contributions” .
Boosting market confidence is the key to doing economic work well. The rule of law plays an important role in consolidating the foundation, stabilizing expectations, and benefiting the long-term. The judiciary must do something to stabilize expectations and boost confidence——
Equally protect all types of business entities in accordance with the law. Severely punish crimes of infringement of intellectual property rights, strictly distinguish between economic disputes and economic crimes, and acquit the heads of private enterprises who do not constitute crimes according to law; adhere to good faith and civilized justice, and use flexible enforcement methods such as “Internet of Things + execution” and “release water to raise fish” to maximize Minimize the impact on the production and operation of enterprises, and strive to let entrepreneurs dare to venture and operate with peace of mind.
Maintain fair competition market order in accordance with the law. Severely crack down on crimes that disrupt the order of the market economy, strengthen anti-monopoly and anti-unfair competition judiciary, and close typical cases such as the forced “choose one” case of food delivery platforms, so that business entities can compete fairly and operate in an orderly manner on the track of the rule of law.
Create a standardized and orderly financing environment in accordance with the law. Closed a number of typical cases such as the first national case of the “Crude Oil Treasure” series, applied representative litigation in batches for the first time in the country to hear securities false statement cases, and maintained the order of the capital market in accordance with the law; strictly regulated disguised high interest behaviors, and promoted the resolution of financing difficulties for private enterprises Expensive issues; took the lead in carrying out special rectification of “routine loans” and false lawsuits in the country, developed the country’s first “routine loan” intelligent early warning system, strengthened the screening and prevention of 8 types of cases including private lending, and promoted the continuous improvement of the private financing environment.
Promote the survival of the fittest of business entities in accordance with the law. It took the lead in the country to realize the joint mechanism of enterprise bankruptcy resolution, government courts, provinces, cities and counties, 14,000 bankruptcy cases were concluded, more than 1 trillion yuan of accumulated assets were released, 190 million square meters of land and real estate were revitalized, and 972 enterprises were reborn through reorganization.
To create a good innovation environment for business entities, Jiangsu courts have always insisted that protecting intellectual property rights is the protection of innovation, and took the lead in implementing the strictest judicial protection of intellectual property rights in the country, and concluded 107,000 intellectual property cases in the first instance. Increased compensation for infringement damages, applying punitive damages to 298 cases, with a maximum award of 200 million yuan. Created a provincial-level law enforcement and judicial cooperation mechanism for intellectual property rights, established the Nanjing Metropolitan Area Intellectual Property Protection Alliance, and strengthened protection efforts. In the survey of social satisfaction with intellectual property protection by the State Intellectual Property Office, Jiangsu scored first in the country. He concluded a number of nationally benchmarking cases, such as the Huawei and Convinson patent case, protected major inventions and technological innovations, and helped enterprises overcome the “stuck neck” problem. Introduced 14 measures to serve the development of the digital economy, established an Internet intellectual property protection research base, heard the first case of “Wanciba Screen” that maliciously interfered with Baidu’s search ranking results, and cracked down on the Internet black and gray industry in accordance with the law. Two innovative measures in Jiangsu were selected as the first batch of typical cases of building an intellectual property power, and two cases were selected as typical cases of the World Intellectual Property Organization.
A market economy is first and foremost a credit economy, and a credit economy must be an economy ruled by law. Based on its functions, Jiangsu courts have strengthened the protection of law-abiding and trustworthy behaviors, increased sanctions for breach of contract and dishonesty, and actively maintained an honest and trustworthy market transaction order. Improve corporate credit management, cooperate with the Provincial Development and Reform Commission and other departments to establish a credit repair mechanism for bankruptcy and reorganization companies, carry out corporate credit repair “warm enterprises” action, and restore credit for 48,000 dishonest companies. Carry out pilot reforms with the same functions as the personal bankruptcy system, strictly distinguish between dishonesty and business risks, and provide 64 honest entrepreneurial losers with a chance to make a comeback. Improve the information sharing and joint punishment mechanism of dishonest persons subject to enforcement, so that severely dishonest persons subject to enforcement “dishonest in one place, restricted everywhere”, 639,000 people under the pressure of credit punishment voluntarily fulfilled their obligations.
Every case is a touchstone for the court to optimize the business environment. Jiangsu courts adhere to the working concept of “all cases are business environment”, continue to strengthen the professionalization of civil and commercial trials, continue to improve the unified application mechanism of laws, continue to deepen the reform of litigation procedures, continue to deepen the “door-to-door” litigation services, and continue to create ” The “menu-style” multiple dispute resolution system effectively improves the quality and efficiency of civil and commercial trials. Since 2021, the average trial time for civil and commercial cases has been reduced by 11.4 days, and the average time for enforcement cases has been reduced by 30.4 days, making business entities more aware of fairness and justice.
Department Interpretation
Zhang Xiaowei, deputy to the National People’s Congress and director of the Provincial Department of Justice:
Strengthen the overall rule of law to stimulate market vitality
A legalized business environment is an important guarantee for high-quality development, and it is a basic task to give all types of business entities the most desired equal legal protection. Jiangsu’s judicial administration system has effectively assumed the major responsibility of “walking ahead, taking the lead, and making more contributions”, focusing on “promoting the overall improvement of economic operation first”, and incorporating the creation of a fair and transparent legalized business environment into the overall plan for the construction of the rule of law in Jiangsu, and implementing it in depth The “Implementation Plan for Creating a Fair and Transparent Rule of Law Environment (2022-2024)” coordinates the resources and forces in various fields of legislation, law enforcement, judiciary, law-abiding and popularization of the law, and strives to build a rule of law service guarantee that makes business entities more “safe”, “safe”, “comfortable” and “safe” system, and strive to allow the majority of business entities to obtain more tangible “rule of law dividends”.
Concentrate efforts to promote legislation and regulations, so that business entities can feel more at ease. Earnestly implement the “two unshakable” principles, coordinate the promotion of “legislation, reform, abolition, interpretation and codification”, adhere to equal rights, equal opportunities, and equal rules, and accelerate the promotion of development planning regulations, foreign investment regulations, and decisions to promote the development of the Internet of Vehicles and intelligent networked vehicles Forward-looking and creative legislation in key economic fields and emerging fields. Create a “through train for the rule of law and public opinion” and extensively absorb opinions and suggestions from various business entities. Focus on the unification of the large market and fair competition, ensure the “procedural gate” of legality review, promote the improvement of the catalog disclosure, dynamic management, and classified management system of major administrative decisions, improve the mechanism for government legal advisers and public lawyers to participate in major administrative decision-making, and establish norms Documents and major administrative decision-making firewalls prevent power from being “arbitrary” from the source. Carry out timely cleaning of provincial government regulations and administrative normative documents, and promote centralized cleaning at the city and county levels to make the policy system expectations of business entities more stable.
Concentrate on deepening law enforcement and supervision, so that business entities can be more “at ease”. Strictly regulate, impartial and civilized law enforcement, and accelerate the establishment of an administrative law enforcement system with unified powers and responsibilities, effective operation, complete systems, and coordination and order. Promote market supervision and other fields to carry out discretionary benchmarks for administrative law enforcement, improve and improve the discretionary standards for administrative penalties commonly used by enterprises, and promote the same punishment for similar cases and precise law enforcement. Optimize and adjust the list of items to be notified and committed to the proof items, and further “reduce the burden and loosen the ties” for enterprises. Promote the establishment of a whole-process administrative compliance guidance and service mechanism before, during, and after events in key areas related to enterprises, and issue a list of matters such as administrative inspections, administrative guidance, risk point reminders, and public legal services related to enterprises, and promote corporate compliance management and legal compliance. operate. Establish a “green channel” for administrative reconsideration and mediation work involving enterprises, strengthen the substantive resolution of administrative reconsideration involving business entities, increase administrative reconsideration supervision and error correction, safeguard the legitimate rights and interests of business entities, and create a legal environment for fair competition.
Concentrate on innovative legal services to make business entities more “comfortable”. Focusing on the modern industrial system, adhering to the concept of “law and enterprise go hand in hand”, carry out in-depth “industrial chain + legal service” activities, deepen and expand public legal services “into parks” and “enterprises” and other service carriers, focusing on contract performance, risk prevention, and bankruptcy disposal Promote the normalization of “rule of law physical examination”. Focusing on the service guarantee industry chain and innovation chain, improve the research and development of legal products in the whole cycle of enterprises, and promote the online protection and notarization services of commercial secrets. Promote the substantive and standardized operation of overseas legal service centers, accelerate the construction of a “one-stop” multi-dispute resolution center for foreign-related commercial affairs, and make Jiangsu (Nanjing) International Commercial Arbitration Center better and stronger. Strengthen inclusive legal services for small, medium and micro enterprises, and accelerate the pilot program of corporate lawyers for private enterprises. Give full play to the role of the bankruptcy administrator association to help distressed enterprises reorganize and develop soundly.
Concentrate efforts to increase grassroots governance, so that business entities can be more “peaceful”. Deploy and carry out the special action of “practicing the ‘Fengqiao Experience’ in the new era”, starting from the aspects of improving policies, improving systems, implementing responsibilities, and innovating mechanisms, and vigorously developing professional mediation organizations in industries such as consumption, environmental protection, logistics, and e-commerce, Focus on promoting the construction of relevant people’s mediation organizations in economic and technological development zones, high-tech parks, and industrial clusters, and improve the level of prevention and resolution of enterprise-related conflicts and disputes. In-depth implementation of the law-based construction of private enterprises, protection of the property rights of private enterprises and the rights and interests of entrepreneurs in accordance with the law, and guidance for all types of business entities to consciously learn and abide by the law. Comprehensively promote the implementation of the “Eighth Five-Year Plan” law popularization plan, carry out “sending laws and policies to enterprises”, improve the responsibility system for corporate law popularization work, improve the corporate social responsibility evaluation system, and guide private enterprises to improve the credit management system, so that entrepreneurs can operate and invest with confidence , Concentrate on starting a business.
front line story
Zhangjiagang City People’s Procuratorate:
Carry out pilot reform of corporate compliance
The business environment is the soil for the survival and development of enterprises. Zhangjiagang City is one of the areas with the most active private economy in the country. There are more than 60,000 private enterprises in the city, and there is a strong demand for corporate compliance. “Company compliance construction is an important entry point for procuratorial organs to participate in the construction of a legalized business environment. Our court began to gradually explore it in 2019.” Zhou Xiaodong, Secretary of the Party Leadership Group and Chief Prosecutor of the Zhangjiagang City People’s Procuratorate, said.
Since the Supreme People’s Procuratorate launched the pilot program of compliance reform for companies involved in the case in March 2020, as one of the first batch of six pilot units in the country, the Zhangjiagang City Procuratorate has actively carried out compliance exploration and practice, from ex post compliance after the case involved to early prevention The core pre-compliance, and then extended to the field of foreign-related legal risks, to create a corporate compliance model that is “based on mechanism construction, centered on case building, and supplemented by pre-compliance”. After nearly two years of cultivation and building, the team was successfully selected as an excellent case-handling team of national procuratorial organs. In terms of case-handling mechanism, a corporate compliance supervision committee was established to formulate management methods for the selection and management of compliance supervisors, third-party supervision and evaluation work methods and patrol inspection work methods, and develop an intelligent management platform for third-party supervision and evaluation organizations.
When handling a series of cases involving seals companies selling products with counterfeit registered trademarks, the team found that 13 of the 50 companies in the seals industry in Zhangjiagang were involved, 8 received administrative penalties, and 5 entered criminal proceedings. “In the face of many small and medium-sized enterprises having weak awareness of intellectual property rights and being easily involved in crimes in the production management process, how to promote industry compliance through handling individual cases has become the direction of our thinking.” Zheng Li, director of the Second Procuratorate Department of the court, said.
The procuratorial organ visited and communicated with the Chamber of Commerce of Seals through the joint city Federation of Industry and Commerce, promoted the Chamber of Commerce to establish a compliance committee and a compliance department, and took the lead in formulating 23 codes of conduct for employees in the seal industry and 9 special systems for intellectual property management, as a basis for guidance Member companies carry out compliance construction to make up for the weakness of small and micro enterprises that are insufficient in their ability to independently carry out compliance construction.
“We will escort the healthy development of the private economy all the way, protect the property rights of private enterprises and the rights and interests of entrepreneurs in accordance with the law, and help private enterprises operate lightly and steadily.” Zhou Xiaodong introduced that in the past three years since the pilot reform of corporate compliance, the Zhangjiagang City Procuratorate has handled a total of 131 corporate crime cases. Among them, 24 cases were closely linked to the promotion of compliance construction, and 8 cases were handled in the whole process. Focusing on the investigation link, review and prosecution link, and the compliance discretion system in social governance, explore the construction of a “compliance + N” case handling model. Currently, 12 compliance case handling models and more than 20 supporting documents have been formed.
Expert Reviews
Wang Jianwen, professor of Law School of Nanjing University, doctoral supervisor, and chief expert of major projects of the National Social Science Fund:
The optimization of the business environment focuses on marketization, rule of law, internationalization
The rule of law is the best business environment. The report of the 20th National Congress of the Communist Party of China made a systematic discussion on “building a high-level socialist market economic system”, which can be summarized as “coordinating the role of the market and the government, and continuously optimizing the legal business environment”. At the same time, Jiangsu continues to promote the reform of “decentralization, regulation and service”, focusing on creating a world-class business environment and promoting high-quality development. After years of hard work, the business environment has been continuously optimized, and substantial progress has been made in the fields of government affairs disclosure, government services, policy formulation, administrative law enforcement, commercial justice, and government-business relations.
The construction of the business environment is always on the way, and some problems that restrict the further optimization of the business environment have not been completely resolved. For example, in some areas, hidden barriers to entry still exist, disguised license approval and multi-management supervision have been banned repeatedly, and the process and links of approval services have yet to be further streamlined and integrated in accordance with the concept of “one thing at a time”. Standardized operations breed new types of corruption, unnecessary high-frequency supervision occurs from time to time, and institutional transaction costs need to be further reduced. It is worth noting that these problems are not caused by inaction or lack of action by local governments and functional departments, but mostly because of the lack of “user thinking” and awareness of the rule of law, resulting in relevant policies or measures that cannot truly respond to the pain points of business entities or violate fair competition , Equal protection requirements.
In terms of the construction of a legalized business environment, we should fully understand the indispensable, complementary and consistent roles of marketization, rule of law, and internationalization in optimizing the business environment. First, we should always emphasize “the decisive role of the market in the allocation of resources” and clarify that marketization is the fundamental direction for optimizing the business environment. Second, based on the inherent requirements of the construction of a “rule of law government” and “rule of law China”, it should be emphasized that the rule of law is a necessary means, important goal and measurement standard for optimizing the business environment, and it should be recognized that the rule of law environment is an integral part of the rule of law business environment, The two cannot be confused. Third, we should continue to promote the construction of a high-level socialist market economic system with an international perspective of reform and opening up, and form a new situation in which domestic and international markets and resources are well coordinated. Fourth, we should continue to deepen the reform of “decentralization, management and service”, go beyond the early facilitation goals, and continue to improve the ability and level of administrative supervision and government services. To this end, it is necessary to further deepen the reform of the system and mechanism, optimize the business environment through institutional innovation, strengthen the reform of the scientific and technological innovation system, and promote the optimization of the entire chain of approval, the entire process of fair supervision, and the improvement of services throughout the cycle, and continuously enhance the attractiveness and competitiveness of the regional economy. .
Xinhua Daily Junction Reporter Gu Min Ni Fangfang Lu Xiaolin Sun Xun
(Editors in charge: Zhang Xin, Wu Jipan)
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