Today (8th), the Supreme People’s Court issued the “Guiding Opinions on Implementing the ‘People’s Republic of China Private Economy Promotion Law’.” The Guiding Opinions propose specific measures across five areas to provide judicial safeguards for the development and growth of the private economy, aiming to address challenges in its development and offer stronger legal protections for its healthy growth.

To fully leverage judicial functions and integrate the spirit, principles, and rules of the Private Economy Promotion Law into all aspects of court work, the Guiding Opinions summarize practical experiences in court trials and enforcement, further refine adjudication rules, improve mechanisms, and focus on solving real problems to ensure correct and uniform application of the law. It outlines 25 measures across five key areas: general requirements, equal legal treatment, guiding lawful and compliant operations, strict and fair justice, and improving judicial mechanisms, all aimed at thoroughly implementing the Private Economy Promotion Law and fostering the healthy development of the private economy.

Key Points

1. Boosting Confidence Through Equal Legal Protection Multiple measures ensure fair market competition for private economic entities, while problem-oriented approaches help expand financing channels, address payment delays, protect technological innovation, and promote orderly growth in emerging industries.

2. Guiding Standardized Operations to Strengthen Foundations Through judicial interpretations,典型案例 (typical case releases), research guidance, and case adjudication, the Opinions combat internal corruption and other crimes, guiding private entities to improve governance, operate lawfully and ethically, standardize employment practices, and protect consumer rights. It also supports global expansion while ensuring security.

3. Stabilizing Expectations Through Strict and Fair Justice Strengthening judicial protection of property rights, regulating the handling of涉案财产 (case-related assets), correcting wrongful cases involving enterprises, and safeguarding the人格权益 (personal rights) and legal interests of private entities and their operators.

4. Revitalizing Through Benevolent and Civilized Justice Optimizing litigation services across立案 (filing), trials, and enforcement to reduce dispute-resolution costs for private entities. Improving失信惩戒 (dishonesty penalties) and credit restoration mechanisms, standardizing law enforcement actions, minimizing disruptions to normal business operations, enhancing涉外审判 (foreign-related trial) efficiency, and strengthening legal awareness to expand judicial services.

Supreme People’s Court

The Supreme People’s Court is the highest judicial organ in China, established in 1954 under the Constitution of the People’s Republic of China. It oversees the administration of justice nationwide, interprets laws, and reviews major legal cases. As the apex of the judicial system, it plays a key role in upholding Chinese law and aligning court rulings with state policies.

People’s Republic of China Private Economy Promotion Law

The *People’s Republic of China Private Economy Promotion Law* is a legal framework established to support and protect the development of China’s private sector, which has grown significantly since the economic reforms of the late 20th century. Introduced to address challenges like market access and unfair competition, the law aims to ensure equal treatment for private enterprises alongside state-owned entities, fostering innovation and economic growth. It reflects China’s ongoing efforts to balance state control with private sector dynamism in its evolving market economy.

Guiding Opinions

“Guiding Opinions” (指导意见) refers to a type of policy document issued by Chinese government bodies to provide direction on implementing laws, regulations, or broader political directives. These non-binding guidelines often outline principles, goals, or frameworks for local governments, industries, or institutions to follow. Historically, they have played a key role in China’s governance system, offering flexible guidance while allowing adaptation to regional or sector-specific conditions.

Private Economy Promotion Law

The **Private Economy Promotion Law** is a Chinese legislation enacted to support and regulate the development of the private sector, which has been a key driver of China’s economic growth since the late 20th century. Introduced in 2020, it aims to ensure equal market access, protect private enterprises’ rights, and encourage innovation, reflecting the government’s shift toward bolstering private businesses amid economic reforms. The law reinforces China’s commitment to a mixed economy while addressing challenges like financing difficulties and unfair competition faced by private firms.

涉案财产

“涉案财产” (shè àn cái chǎn) refers to property or assets involved in legal cases, often seized as evidence or subject to litigation in China. It typically includes items linked to criminal, civil, or administrative disputes, managed by authorities until the case is resolved. This system aims to ensure judicial fairness and prevent illicit gains, reflecting China’s legal framework for handling contested or illegal assets.

人格权益

“人格权益” (Personality Rights) refers to the legal and moral rights protecting an individual’s personal dignity, reputation, and identity, often encompassing privacy, name, image, and honor. Rooted in civil law traditions, particularly in China, it reflects principles from the *General Provisions of the Civil Law* (2017) and the *Civil Code* (2020), which safeguard against infringement. These rights balance individual protection with societal interests, emphasizing respect for personal integrity in an increasingly digital world.

失信惩戒

“失信惩戒” (Shīxìn Chéngjiè) refers to China’s social credit system, which enforces penalties for individuals or entities deemed “untrustworthy” due to legal, financial, or social misconduct. Established in 2014, the system aims to promote integrity by restricting offenders’ access to loans, travel, and other services. Critics argue it raises privacy and fairness concerns, while supporters view it as a tool for societal stability.

涉外审判

“涉外审判” (Foreign-Related Trials) refers to judicial proceedings in China involving foreign elements, such as parties, evidence, or legal matters from abroad. These trials are governed by specialized laws and procedures to address cross-border disputes, reflecting China’s efforts to align with international legal standards while safeguarding national sovereignty. Historically, the system has evolved alongside China’s economic reforms and increasing global engagement, particularly after joining the WTO in 2001.