China relaxes legal environment for private economy

0 Comment(s)Print E-mail Xinhua, December 29, 2014
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China's Supreme People's Court (SPC) issued a document vowing a more relaxed legal environment for the development of the private economy on Monday.

Private business practitioners should be guaranteed equal legal protection and law authorities should "strictly distinguish crimes and non-crimes, crimes and administrative violations, and crimes and civil and commercial disputes", according to the document.

The document is aimed at better ensuring the legitimate rights of private entrepreneurs and solving "inevitable disputes" in the fast development of the non-public sector, according to the SPC spokesman Sun Jungong.

It asked courts at all levels to fully consider the characteristics of the private economy and try cases in a fair and effective manner.

In administrative cases, the courts must stick to the principle that private businesses can do anything that is not banned by the law while the government can not do anything that is not authorized by the law, according to the document.

Any innovative acts in private business concerning the production, marketing and financing should be considered cautiously and shall not be defined as illegal and punished as long as they do not breach the laws and judicial interpretations, it said.

If the acts violate relevant rules but have not constituted a crime, they can't be regarded and handled as crimes, it added.

The SPC also urged courts to take measures to enforce their rulings in a more effective and efficient way. The failure by courts to enforce their rulings have been a headache for many Chinese private businesses, particularly in cases involving the recovery of debts. Endi

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