We will give full play to judicial functions to protect the sustainable and healthy development of micro, small and medium-sized enterprises

2022-04-28 0 By

At the beginning of the New Year, the Supreme People’s Court issued guidance, focusing on the “urgent and anxious” prominent problems of small, medium and micro enterprises, put forward targeted judicial measures.At the beginning of the New Year, the Supreme People’s Court issued the Guiding Opinions of the Supreme People’s Court on Giving Full play to the Role of Judicial Functions to Assist the Development of Micro, Small and Medium-sized Enterprises (msmes) (hereinafter referred to as the Opinions), which proposed targeted judicial measures to address the prominent problems facing them.The contents of the Opinions focus on coordination and cooperation in order to be useful and effective. They not only provide conceptual and guiding opinions, but also stipulate a large number of rules for the use of laws, so as to facilitate practical operation and application.Courts at all levels should organize serious study and implement it according to reality.First, we should take a higher position in serving micro, small and medium-sized enterprises in both thinking and action, take concrete actions to fulfill our political responsibility, and create a sound legal environment for their sustainable and sound development.The resilience and potential of the Chinese economy lies in the large number of micro, small and medium-sized enterprises and individual businesses.The people’s courts should take the initiative, make full use of judicial means, do their best to ensure the survival of enterprises, especially micro, small and medium-sized enterprises, safeguard and promote employment, and provide strong judicial guarantee and high-quality and efficient judicial services for the sustainable and healthy development of micro, small and medium-sized enterprises.Second, we need to do a good job in supporting and protecting micro, small and medium-sized enterprises, and strive to improve judicial accuracy.In the trial of cases, strict distinction should be made between economic disputes and criminal offences, and the identification of civil liability as criminal liability should be strictly prevented.For all types of enterprises, especially private ones, problems caused by their past irregularities, we will treat them from the perspective of history and development, strictly implement the principles of statutory punishment for a crime, exemption from suspicion of a crime, and non-retroactivity of the law, and ensure that the verdict can stand the test of law and history.In strict accordance with the Opinions, article 187 of the Civil Code of The People’s Republic of China will be implemented in earnest to ensure that, in accordance with the law, market entities such as micro, small and medium-sized enterprises have priority over administrative and criminal penalties in getting their legal and valid civil claims against debtors repaid.During the execution of property-related criminal judgments, the legitimate property rights and interests of market entities such as micro, small and medium-sized enterprises as outsiders in criminal cases shall be protected in accordance with the law.Third, we will adhere to the principle of equal protection in accordance with the law, implement the concept of equal protection in handling cases, and treat all types of market transaction subjects equally and without discrimination.We will protect the legitimate interests of all types of enterprises on an equal footing in accordance with the law, and not discriminate based on their nature, size, or industry, so as to boost the confidence and courage of micro, small and medium-sized enterprises in their innovative development.We should earnestly implement the requirements of the Opinions, take into account the actual situation of micro, small and medium-sized enterprises, and prevent their weak position in market transactions from being turned into a disadvantageous position in litigation by exercising the right of interpretation in accordance with the law and obtaining evidence in accordance with their powers, and strive to realize the unification of procedural justice and substantive justice.Fourth, in terms of implementation, we will focus on law-abiding, good-faith and civilized implementation.The Opinions specifically require that micro, small and medium-sized enterprises with salvage value be protected in accordance with the law, and the adverse impact of preservation and enforcement measures on micro, small and medium-sized enterprises and other market players be minimized.Adhere to the concept of civilized implementation of goodwill, resolutely put an end to excessive seizure, disorderly seizure, as far as possible to maintain the operation value of enterprise property, enhance hematopoietic function.The opinions also explicitly forbids the closure of special accounts and deposit accounts for migrant workers’ wages.If measures are taken to seal up real estate pre-sale fund accounts, relevant regulatory authorities shall be notified in a timely manner, and the special use of account funds shall not be affected, so as to protect the survival and development space of small, medium and micro enterprises.Fifth, change the judicial handling methods, release judicial vitality, and flexibly meet the judicial needs of epidemic prevention and control on a regular basis.We will give full play to the role of the Internet, big data and other smart technologies in assisting case handling. Relying on modern technologies such as big data, artificial intelligence and block chain, we will focus on building multi-functional, full-process and integrated electronic litigation platforms, actively carry out online justice, and establish a green channel fast handling mechanism for cases involving small, medium and micro enterprises.Channels such as the judicial service hotline of the courts to accept the appeals of small, medium and micro enterprises are unblocked, and online services are provided for the whole process from prosecution, mediation, filing of cases to trial, service and execution, making the trial more efficient and convenient.