The logic of the rule of law cautiously to the private economy
August 15, 2023 14:46 Source: "China Social Sciences", August 15, 2023, Issue 2713, author: Xie Hongxing

Article 55 of the State Council's "Regulations on Optimized Business Environment","The government and their relevant departments shall be in accordance with the principles of encouraging innovation,For new technology、New Industry、New format、New mode, etc. Implement tolerance and prudent supervision "。With the effective implementation of the "Optimized Business Environment Regulations",Sales and prudent transformation from policy discourse to legal concept,It is considered to be a new type of regulatory law enforcement method that is adapted to the new development stage to optimize the business environment,Applicable objects are no longer limited to the "Four New" enterprises,Instead, market entities covering many traditional fields and traditional forms。"Opinions of the State Council of the Communist Party of China on Promoting the Development of the Private Economy" pointed out: "The private economy is the promotion of Chinese -style modernization forces,It is an important foundation for high -quality development,is to promote my country's comprehensive building of a socialist modern power country、Important forces to achieve the second century -old goal。"Care for the private economy,It contains penetrating ancient and modern、Legal to observe reality。

  Legal to include the private economy

Tolerance for the private economy is not only based on historical laws and reality needs,There is also sufficient constitutional legal basis。For a long time,The private economy is growing steadily、Promoting innovation、Add employment、Improving people's livelihood and other aspects played a positive role。In terms of tax,2012 to 2021,Private enterprises account for 48%to 59.6%; in employment,2012 to 2022,Priced private industrial enterprises in accordance with 32.1%to 48.3%; in terms of quantity,2012 to 2022,The proportion of private bet365 best casino games enterprises increased from 79.4%to 93.3%; in foreign trade,Private enterprises have become the largest foreign trade entity since 2019,2022 accounting for 50.9%。American economist Fan Belun believes: "The material foundation of modern civilization is the industrial system,The dominant force that makes it active is the enterprise。"The private economy has become the inherent elements of my country's economic system and an important force to promote the sustainable and healthy development of the economy。November 1, 2018,General Secretary Xi Jinping pointed out at a private enterprise forum: "my country's economic development can create a Chinese miracle,The private economy contributes! "New era and new journey,The private economy is still an important part of the socialist market economy,Playing a pivotal role in my country's economic and social development。Comprehensively build a socialist modern power country,The private economy is indispensable、irreplaceable,Not to leave the field。

Article 11 of my country's Constitution stipulates: "The individual economy within the scope of the law、Non -public ownership economy such as the private economy,It is an important part of the socialist market economy。"This is a clear negation of the view that the private economy is essentially incompatible with socialism。Article 13 of the Constitution stipulates: "The legitimate private property of citizens is not violated。"Article 113 of the Civil Code stipulates:" The property rights of the civil subject are protected by the law of equality。"This strongly criticizes the kind of view that people believe that private economies accumulate wealth.。The development and growth of the private economy helps to liberate and develop productive forces、Finally achieve common prosperity,The better the development of the private economy,The more full employment is,The more mature the market is developing,Economy is more vibrant,People's life is more richer,Society is more harmonious and stable。The wealth bet365 Play online games obtained by the private economy through legal compliance is protected by the Constitution and Law,It is not unjust money; the failure of some private economy persons is a normal phenomenon of the market economy,No need to interpret,We must not have violations of laws and regulations because of a small number of private enterprises and private economics,An important role and major contribution of the private economy to promote the economic and social development of our country。

  Exercise power carefully to the private economy

There is a constant product that can have perseverance,Confidence with perseverance。Economics thinking,Continuous economic prosperity requires "reliable and defined clear personal rights" and "no form of strong winning",Because "when there are incentives, it prompts people to grab instead of creation,That is, when you get more income from the predation rather than the behavior of production or mutual benefit,Then society will fall into a trough ",But history is also proved,"Everyone with power is easy to abuse power"。For this,Requires law enforcement agencies and judicial organs to exercise their power to private enterprises and private entrepreneurs in accordance with the law,Avoid overlapping power and abuse。The judicial organs must not intervene in economic disputes in improper criminal means,It is not allowed to take compulsory measures to private entrepreneurs,Do not exceed the range、over amount、Exampeering Limited Checking and Frozen Property,Maximum reduction of the impact of investigating cases on normal office and legitimate production and operation of investigations,Avoid "a case,Broken a business "。At the same time,Further improvement of case -related case appeal、retrial and other mechanisms,Unblocked channels for private enterprises and private entrepreneurs to seek rights relief,Improve the effective prevention and normalization mechanism of the wrong case,Increase the clean -up of the public enterprise accumulation,Make more controversial private enterprises' historical cases re -trial。

bet365 best casino games In terms of administrative law enforcement,Must be modest、Immigration and appropriate。First,Administrative agencies have always maintained humility and mild private enterprises,Try to present as a protector of the legitimate rights and interests of private enterprises、Help of development and innovation; second,Administrative Organ adheres to this score、Self -constraint,The impulse to contain deliberate intervention and intervention,The border and width of administrative law enforcement must not be expanded at will; third,Fair law enforcement、specification、Simple,Just right,Neither loses to wide vertical,More loss to strict,Avoid excessive law enforcement damage to the legitimate rights and interests of private enterprises。Administrative in accordance with the law、Under the premise of strict law enforcement,Administrative organs should be more notified、Reminder、Excaliation and other flexible law enforcement methods,Try to control and use compulsory law enforcement methods as much as possible。In particular, use administrative penalties for restraint and caution,Strictly implement Article 33 of the Administrative Penalty Law,Determine the specific situation of not punishment in various key law enforcement areas,Gradually transformed from "punishment for punishment" to "can not be punished without punishment": for administrative violations,Only when it meets the requirements for punishment and it is necessary to punish,Only punishment。In ancient China,Even if "the family of thousands of gold is better than the monarch of one capital,Giant Wan is the same as the king ",Industry and commercial practitioners are still often peeled by unconcerned officials,"Want to discuss Jia to lose money,No name,Just say to the humiliation ",seriously hindered the development of traditional Chinese industry and commercial and Chinese society。Jian Gu Zhijin,Be careful of supervision and management of the private economy。

  Optimize the development bet365 live casino games environment of the private economy with tolerance

Tolerance is not indulgence。Following is the nature of capital,It must be regulated and restrained; the source of private economy is complicated、constitutes multiple、Strong liquidity、Quality is different,You must strengthen guidance and education,Help it grow healthy。Fake fakes for some private enterprises、Pit Meng Duke、Bullying Battle City and other serious illegal criminal acts should be sanctioned in accordance with the law,Not abolished by human beings; some private economists have incorrect wealth concepts and lifestyles,Education and guiding them to actively fulfill the social responsibility of common prosperity,To be rich and blame、Rich and righteous、Rich and love,Show the whole society to comply with discipline and law、About social public morality、A good image of actual responsibility,Realize the unity of personal self -worth and social value at a higher level。Strict management is also love,higher standards、Strict requirements are also a means to promote the better development of the private economy。

Carefulness is not equal to nothing。Under the impulse to illegally seize wealth,The personal and property of the private economy often become the object of criminals; protect the personal property of the majority of private economics from violations and threats,Is the government’s positive obligation。Resolutely crack down on illegal crimes that destroy the normal production and operation order of private enterprises,Especially named economic disputes,In fact, to incite the trouble of gathering people、Door blocking roads、Violence and other methods to interfere with illegal crimes of normal production order; resolutely investigate and deal with the problems of false information involved in enterprises,Especially maliciously collects negative information of hype hype of private enterprises and private economists、Manufacturing negative public opinion,illegal crimes to obtain illegal interests; reporting occupations in accordance with the law to report procurement and counterfeit complaints,Especially large -scale、bet365 best casino games Complaints on occupational counterfeit gangs with the purpose of extortion of money; increase the occupation of private enterprise staff in accordance with the law、Unsproping funds、Investigation and punishment for corruption such as bribery,Especially collusion in inside and outside、Adventure self -theft、Crime crimes that have caused major losses to private enterprises for criminals。

In recent years,China's business environment has improved significantly,But a few civil servants are not responsible、Inaction、Random as,Enforcement enforcement、Selective law enforcement、Abuse of free tailoring and other issues that affect the business environment still occur from time to time。my country's economic operation is better,But the internal vitality is not strong,Demand is not strong,Some private enterprises have difficulty in operating,Insufficient market confidence。Careful requesting the government to exercise power by prudent private enterprises and private entrepreneurs in accordance with the law,It does not affect the normal production and operation activities of private enterprises,To achieve "nothing to disturb"; also requires the government to resist and criticize various questions、Negative、Memoxyls that weaken the private economy,Help private enterprises to improve the governance structure and management system,To "be required to be responsive"。With the optimization of the business environment, enter the deep water area,Being inclusive and prudent is to reduce the institutional transaction cost of the market's entity、Real choice of optimizing the deep business environment。

In short,Only guidance of tolerance and prudential,Effectively optimize the internal environment and external environment of the development of the private economy,can promote the sustainable growth of the private economy、Development and growth。The private economy is an important force for comprehensively building a socialist modern power,Private enterprises and private entrepreneurs are "own people"。Carefulness of tolerance and cautiousness.,Following the urgent need to reduce institutional bet365 best casino games transaction costs and optimize the deep business environment,helps to boost market confidence,Relieve the dilemma of private enterprises,It should be a long -term orientation for the private economy and related regulatory law enforcement。

  (The author is deputy dean and professor of law school of Jiangxi University of Finance and Economics)

Editor in charge: Cui Bohan
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