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Chapter 7 of the Private Economy Promotion Law: Protection of Rights and Interests (Articles 58-70) Article-by-Article Interpretation

58, The legitimate rights and interests of the private economy are protected and cannot be infringed upon by anyone.

The personal rights, property rights, business autonomy and other legitimate rights and interests of private economic organizations and their operators are protected by law and cannot be infringed upon by anyone. Today, I will take you to understand Article 58 of the Private Economy Promotion Law. Let’s take a look at the law first.

Article 58The personal rights, property rights, operational autonomy and other legitimate rights and interests of private economic organizations and their operators are protected by law and may not be infringed upon by any unit or individual.

Article 58 of the Private Economy Promotion Law clearly stipulates that the personal rights, property rights, operational autonomy and other legitimate rights and interests of private economic organizations and their operators are protected by law and may not be infringed upon by any unit or individual. This means that if private enterprises encounter unfair competition, infringement and other acts during their operations, the law will provide firm support and protection. For example, a company's key assets such as intellectual property rights and trade secrets will be strictly protected by law to prevent them from being stolen or abused by others; a company's operational autonomy, including its right to make free decisions on investment, production, sales and other business activities, will not be subject to unwarranted interference. This legal protection has given private enterprises a hard time"reassurance", allowing them to develop with peace of mind and work hard without worrying about their legitimate rights and interests being infringed. Under the protection of the law, the private economy will surely move towards a more prosperous future.

59, the personal rights and interests of private entrepreneurs are protected by the law

Nowadays, the law is increasingly protecting the personal rights and interests of private economic organizations and their operators. Today, I will take you to understand Article 59 of the "Law on the Promotion of Private Economy". Let’s take a look at the law first.

Article 59The name rights, reputation rights, honor rights of private economic organizations and the reputation rights, honor rights, privacy rights, personal information and other personal rights of operators of private economic organizations are protected by law.

No unit or individual may use the Internet and other communication channels to maliciously infringe upon the personal rights and interests of private economic organizations and their operators by insulting, slandering, etc. Network service providers should, in accordance with relevant laws and regulations, strengthen the management of network information content, establish and improve complaint and reporting mechanisms, promptly handle illegal information that maliciously infringes upon the legitimate rights and interests of parties, and report to the relevant competent authorities.

Private economic organizations and their operators whose personal rights and interests have been maliciously infringed have the right to apply to the People's Court in accordance with the law to take measures ordering the perpetrators to stop relevant behaviors. If the personal rights and interests of private economic organizations and their operators are maliciously infringed upon, causing actual losses to the production, operation, investment and financing activities of the private economic organizations, the infringer shall bear liability for compensation in accordance with the law.

Article 59 of the Private Economy Promotion Law clearly stipulates that the multiple personal rights and interests of private economic organizations and their operators are strictly protected by law. Specifically, it includes: the company's name rights, which prevent others from using it without authorization or malicious registration; the company's reputation and honor rights, which prohibit any unit or individual from insulting, slandering, slandering, etc.; the operator's personal reputation rights, honor rights, privacy rights, personal information, etc. are also within the scope of legal protection. These regulations put a layer on the personality rights of enterprises and operators."protective clothing". At the same time, the law also imposes special restrictions on online infringements. No unit or individual may use the Internet and other communication channels to maliciously infringe upon the personal rights and interests of private economic organizations and their operators by insulting, slandering, etc. Network service providers must strengthen the management of network information content, establish and improve complaint and reporting mechanisms, and promptly handle malicious and illegal information. Moreover, when personal rights and interests are maliciously infringed, the enterprise and its operators have the right to apply to the court for measures to stop the infringement in accordance with the law. If the infringement causes actual losses in the enterprise's production, operation, investment and financing activities, the infringer must also bear liability for compensation in accordance with the law. This shows that, whether online or offline, the law will comprehensively protect the personal rights and interests of private economic organizations and their operators, so that they can feel at ease during their operations without worrying about their rights and interests being infringed.

60, The country takes action! Normal operations of the private economy are protected

State agencies must also pay attention to protecting the normal production and business activities of private economic organizations during investigations. Article 60 of the "Private Economy Promotion Law" explains it in detail for you. Let’s take a look at the law first.

Article 60When state agencies and their staff conduct investigations or request assistance in investigations in accordance with the law, they should avoid or minimize the impact on normal production and business activities. The implementation of compulsory measures that restrict personal freedom must be carried out in strict accordance with legal authority, conditions and procedures.

Article 60 of the Private Economy Promotion Law stipulates that state agencies and their staff must avoid or minimize the impact on normal production and business activities when conducting investigations or requesting assistance in investigations in accordance with the law. This means that if the investigation involves private enterprises, the relevant departments need to carefully plan the time and method of the investigation and cannot interfere with the normal operations of the enterprise at will. For example, when investigating and collecting evidence, we will avoid disturbing the company during its peak production period, and will not excessively occupy company resources to ensure that the company's production and operation activities are not affected. At the same time, this article also emphasizes that the implementation of compulsory measures that restrict personal freedom must be carried out in strict accordance with legal authority, conditions and procedures, which fully reflects the law's respect for and protection of the personal rights of private economic organizations and their operators. In the process of law enforcement, state agencies must act in accordance with the law and cannot abuse their power. This regulation allows private enterprises to carry out production and operations normally when facing investigations, safeguards the legitimate rights and interests of enterprises, and creates a stable and orderly environment for the development of the private economy.

61, Private economic property is protected, and arbitrary fees and fines are not acceptable.

The state has clear legal provisions on the property protection of private economic organizations. Article 61 of the "Private Economy Promotion Law" is the protective umbrella for private enterprises. I will explain it to you today. Let’s take a look at the law first.

Article 61The expropriation and expropriation of property shall be carried out in strict accordance with legal authority, conditions and procedures.

For the needs of public interests, if property is expropriated or requisitioned in accordance with legal provisions, fair and reasonable compensation shall be provided.

No unit may collect fees from private economic organizations in violation of laws and regulations, may not impose fines that are not based on laws and regulations, and may not allocate property to private economic organizations.

Article 61 of the Private Economy Promotion Law stipulates that expropriation and expropriation of property must be carried out in strict accordance with legal authority, conditions and procedures. This is a strong protection for the property of private economic organizations. If property needs to be expropriated or requisitioned for public interests, the government must also provide fair and reasonable compensation to ensure that the legitimate rights and interests of the enterprise are not harmed. At the same time, this article also specifically emphasizes that no unit may collect fees from private economic organizations in violation of laws and regulations, may not impose fines that are not based on laws and regulations, and may not allocate property to private economic organizations. This means that private enterprises will no longer encounter unreasonable charges, fines or forced apportionment of property during their operations. The law builds a solid line of defense for private enterprises, allowing them to develop with peace of mind, focus on production and business activities, and contribute to economic and social development. Since then, the property of private enterprises has been safer and the operating environment has been fairer and more just.

62, The property involved in the case is handled in a standardized manner, and private economic property is safer

The state has strict regulations on the seizure, seizure, and freezing of property involved in cases to ensure the safety of the property of private economic organizations. Today we will talk about the "Private Economy Promotion Law"Article 62. Let’s take a look at the law first.

Article 62When sealing, detaining or freezing the property involved in the case, legal authority, conditions and procedures must be followed, and illegal gains, other property involved in the case and legal property must be strictly distinguished, the property of private economic organizations and the personal property of the operators of private economic organizations, and the property of persons involved in the case and the property of persons outside the case shall not be seized, seized or frozen beyond the authority, scope, amount or time limit. The property involved in the case that has been sealed or detained must be properly kept.

Article 62 of the Private Economy Promotion Law clearly stipulates that the seizure, seizure, and freezing of property involved must comply with legal authority, conditions, and procedures. This means that when implementing these measures, relevant departments cannot act arbitrarily and must operate in strict accordance with legal regulations. At the same time, the law requires strict distinction between illegal gains, other property involved in the case and legal property to prevent innocent property from being involved in the case. Moreover, it is necessary to clearly distinguish the property of private economic organizations from the personal property of operators to prevent corporate property from being improperly handled due to personal issues and to protect operators’ personal property from being implicated in corporate issues. In addition, the property of the person involved in the case and the property of persons outside the case must also be strictly distinguished to ensure that the property of persons outside the case is not affected. The law also specifically emphasizes that property cannot be seized, detained, or frozen beyond the authority, scope, amount, or time limit, which prevents the abuse of power. Moreover, the property involved in the case that has been seized or detained must be properly kept to avoid property losses. These regulations are like a solid line of defense, ensuring that the legal property of private economic organizations and their operators is not infringed, allowing companies to operate with peace of mind when facing legal investigations, and maintaining a stable development environment for the private economy.

63, Economic disputes are not economic crimes! Private economy welcomes new line of defense for judicial protection

Are you still worried that economic disputes will be mistaken for economic crimes? "Private Economy Promotion Law"Article 63To draw a clear line for you, I will explain it to you today. Let’s take a look at the law first.

Article 63When handling cases, economic disputes and economic crimes must be strictly distinguished, and the legal provisions on the time limit for prosecution shall be observed; if the production and business activities do not violate the provisions of the criminal law, they shall not be punished as crimes; if the facts are unclear, the evidence is insufficient, or criminal liability is not pursued in accordance with the law, the case shall be withdrawn, no prosecution shall be initiated, the trial shall be terminated, or the case shall be acquitted.

It is prohibited to use administrative or criminal means to illegally intervene in economic disputes.

Article 63 of the Private Economy Promotion Law clearly requires that the case-handling agencies must strictly distinguish between economic disputes and economic crimes when handling cases. This is a key step in protecting the legitimate rights and interests of private economic organizations. This means that economic disputes cannot be raised to a criminal level at will to avoid unnecessary blows to companies due to inappropriate criminal intervention. At the same time, the law also emphasizes the need to abide by the provisions of the prosecution period. If the production and business activities do not violate the criminal law, they will never be punished as a crime to ensure that the normal business activities of private enterprises are not subject to unwarranted criminal prosecution. For cases in which the facts are unclear, the evidence is insufficient, or criminal liability is not pursued in accordance with the law, the law requires the case-handling agency to withdraw the case, not prosecute, terminate the trial, or acquit the case in accordance with the law, which provides judicial relief channels for private enterprises. In addition, this article specifically prohibits the use of administrative or criminal means to illegally intervene in economic disputes to prevent the abuse of power from causing harm to private enterprises. This legal provision is like a beacon, illuminating the path of private economic development, giving enterprises more confidence when facing legal issues, allowing them to focus on production and operations with greater peace of mind, and contribute to economic prosperity.

64, Law enforcement in different places is no longer chaotic, and the private economy is guaranteed

Nowadays, off-site law enforcement behavior is strictly regulated. Article 64 of the "Private Economy Promotion Law" provides a protective umbrella for private economic organizations. I will explain it to you today. Let’s take a look at the law first.

Article 64Standardize off-site law enforcement behavior and establish and improve off-site law enforcement assistance systems. If the handling of a case requires off-site law enforcement, legal authority, conditions and procedures must be observed. If there is a dispute between state agencies over the jurisdiction of a case, they may negotiate. If the negotiation fails, the case shall be submitted to the common superior authority for decision. If the law provides otherwise, such provisions shall prevail.

It is prohibited to abuse power to implement off-site law enforcement for financial gain and other purposes.

Article 64 of the "Private Economy Promotion Law" stipulates that off-site law enforcement must comply with legal authority, conditions and procedures, which means that law enforcement agencies cannot arbitrarily cross-border law enforcement, which protects the legitimate rights and interests of private economic organizations. At the same time, when there is a dispute between state agencies over the jurisdiction of a case, they must first negotiate; if the negotiation fails, the case shall be submitted to the common superior agency for decision. This effectively avoids confusion in law enforcement caused by jurisdictional disputes and ensures that cases are handled fairly. In addition, the law also prohibits the abuse of power to implement off-site law enforcement for economic interests and other purposes, eliminating the source ofpower rent seekingand law enforcement misconduct. These regulations allow remote law enforcement to operate under the sun, create a fair and just law enforcement environment for private economic organizations, and allow companies to feel more at ease when operating across regions without worrying about unreasonable law enforcement interference. From then on, private economic organizations can develop healthily on a more standardized legal track and contribute to economic prosperity.

65, Do private economic organizations have any objections? The law has your back

If private economic organizations and their operators have objections to whether production and business activities are illegal, or are dissatisfied with the compulsory measures implemented by state agencies, Article 65 of the "Private Economy Promotion Law" gives you the right to appeal and defend your rights. Let's talk about it today. Let’s take a look at the law first.

Article 65If private economic organizations and their operators have objections to whether production and business activities are illegal or whether the compulsory measures implemented by state agencies are illegal, they may report the situation and appeal to relevant agencies in accordance with the law, apply for administrative reconsideration, and file lawsuits in accordance with the law.

Article 65 of the Private Economy Promotion Law clearly stipulates that private economic organizations and their operators have the right to report the situation and file complaints to relevant authorities in accordance with the law if they have doubts about whether their production and business activities are illegal, or if they have objections to the compulsory measures implemented by state agencies. This shows that private enterprises do not have to passively accept the results, but have ways to actively speak out and seek fair rulings. At the same time, they can also apply for administrative reconsideration in accordance with the law or directly file a lawsuit in court to safeguard their legitimate rights and interests through legal procedures. This provision undoubtedly provides a strong protective umbrella for private enterprises and their operators, allowing them to defend their rights and interests with confidence and basis when faced with unclear legal determinations or unreasonable administrative actions. Whether it is a dispute over the nature of production and business activities or dissatisfaction with compulsory measures, the law gives private enterprises and their operators a fair and just expression channel to ensure that their voices are heard and their rights and interests are properly handled. This not only helps resolve specific disputes, but also enhances the confidence of private enterprises in the legal environment and creates a good legal atmosphere for the steady development of the private economy.

66, the procuratorate takes action, and private economic lawsuits are guaranteed

The procuratorial organs conduct legal supervision over litigation activities involving private economic organizations and their operators, and protect the legitimate rights and interests of enterprises. The Private Economy Promotion LawArticle 66Detailed explanation for you. Let’s take a look at the law first.

Article 66The procuratorial organs shall implement legal supervision over litigation activities involving private economic organizations and their operators in accordance with the law, and promptly accept and review relevant complaints and accusations. If any illegal situation is discovered, protests, corrective opinions, and procuratorial suggestions shall be submitted in accordance with the law.

Article 66 of the Private Economy Promotion Law stipulates that the procuratorial organs shall implement legal supervision over litigation activities involving private economic organizations and their operators in accordance with the law, which provides a solid layer of judicial protection for private enterprises. When private enterprises and their operators encounter problems such as unfair trials and executions during the litigation process, they can file complaints or accusations with the procuratorial organs. The procuratorial organs will accept and review these complaints and accusations in a timely manner. If it is discovered that there are illegal situations in litigation activities, such as improper admission of evidence, incorrect application of law, illegal trial procedures, etc., the procuratorial organs will take measures in accordance with the law, put forward protests, corrective opinions or procuratorial suggestions, urge relevant judicial organs to correct errors, and ensure that litigation activities are conducted fairly and in accordance with the law. This provision gives private enterprises a stronger backing when facing complex lawsuits, and they no longer have to worry about unfair justice harming their own interests. The legal supervision of the procuratorial organs creates a fair and just judicial environment for the healthy development of private economic organizations, allowing enterprises to operate with confidence and develop boldly within the framework of the law.

67, Account payment is guaranteed, private enterprises no longer have to worry

There are strict regulations on the payment of accounts to private economic organizations by state agencies, institutions, and state-owned enterprises, and the auditing agencies will also supervise them. Article 67 of the "Private Economy Promotion Law" will protect you. Let’s take a look at the law first.

Article 67State agencies, public institutions, and state-owned enterprises shall pay accounts to private economic organizations in a timely manner in accordance with the law or in accordance with contracts. They shall not refuse or delay the payment of accounts to private economic organizations on the grounds of personnel changes, internal payment procedures, or waiting for completion acceptance approval, final accounts audit, etc. without stipulations in the contract; unless otherwise provided by laws and administrative regulations, it shall not be mandatory to use audit results as the basis for settlement.

Audit agencies shall audit and supervise the payment of accounts to private economic organizations by state agencies, public institutions and state-owned enterprises in accordance with the law.

Article 67 of the Private Economy Promotion Law clearly stipulates that state agencies, institutions, and state-owned enterprises must pay accounts to private economic organizations in a timely manner in accordance with the law or as agreed in contracts. This means that private enterprises no longer have to worry about unreasonable delays in payment. These units cannot refuse or delay payment of accounts due to changes in personnel, internal payment processes, or waiting for completion acceptance approval, final accounts audit, etc. without stipulations in the contract. This provides a solid legal guarantee for the collection of accounts by private economic organizations and ensures the capital liquidity and normal operations of enterprises. At the same time, the audit agencies will also audit and supervise the payment of accounts by these units in accordance with the law, which is equivalent to giving private enterprises a"insurance", making account payments more transparent and fair. This regulation effectively alleviates the pressure on private enterprises in withdrawing funds, allowing them to focus more on production and operations without worrying about account issues, and creates a good payment environment for the healthy development of the private economy.

68, The accounts of small and medium-sized enterprises are guaranteed, and large enterprises can no longer delay

Are you worried about large companies defaulting on their accounts? Article 68 of the "Private Economy Promotion Law" supports small and medium-sized enterprises. I will explain it to you today. Let’s take a look at the law first.

Article 68When large enterprises purchase goods, projects, services, etc. from small and medium-sized private economic organizations, they shall reasonably agree on payment terms and pay accounts in a timely manner, and shall not make payment to small and medium-sized private economic organizations based on receipt of third-party payment.

The People's Court shall timely file, hear, and enforce cases of arrears with accounts of small and medium-sized private economic organizations in accordance with the law, and may conduct mediation based on the principles of voluntariness and legality to protect the legitimate rights and interests of small and medium-sized private economic organizations.

Article 68 of the Private Economy Promotion Law clearly stipulates that when large enterprises purchase goods, projects, services, etc. from small and medium-sized private economic organizations, they must reasonably agree on payment terms and pay accounts in a timely manner. This regulation directly breaks the bad phenomenon of large enterprises bullying the weak and delaying payment, and gives small and medium-sized enterprises more confidence when cooperating with large enterprises. The law also specifically emphasizes that large enterprises cannot make payments to small and medium-sized enterprises based on receipt of third-party payments, which effectively avoids the unwarranted transfer of payment responsibilities. At the same time, the People's Court will promptly file, hear, and enforce cases involving arrears with small and medium-sized private economic organizations in accordance with the law. They can also conduct mediation based on the principles of voluntariness and legality to protect the legitimate rights and interests of small and medium-sized enterprises. This means that when small and medium-sized enterprises encounter delinquent accounts, they can quickly safeguard their rights through legal channels, reduce the pressure on capital turnover, and ensure the normal operation of the enterprise. This legal provision has given a boost to the development of small and medium-sized enterprises, making them more equal and more secure in their cooperation with large enterprises, and creating a fair market environment for the healthy development of the private economy.

69, Private enterprise account payment is guaranteed, and the government takes action

Local people's governments at or above the county level shall strengthen account payment guarantees and prevent and clear up arrears in accounts owed to private economic organizations. Article 69 of the "Private Economy Promotion Law" will protect you. Let’s take a look at the law first.

Article 69Local people's governments at or above the county level should strengthen account payment guarantees and prevent and clear up arrears with private economic organizations; strengthen budget management, and government procurement projects should be implemented in strict accordance with the approved budget; strengthen overall planning and guidance on the disposal of arrears, encourage all parties to negotiate and resolve disputes, and negotiate and mediate organizations with major differences. Negotiation and mediation should give full play to the role of organizations such as industrial and commercial federations and lawyers associations.

Article 69 of the "Private Economy Promotion Law" requires that local people's governments at or above the county level should strengthen account payment guarantees and prevent and clear up the problem of arrears in accounts of private economic organizations from the source. This shows that the government attaches great importance to the issue of account payment by private enterprises and actively takes measures to protect the rights and interests of enterprises. The government will strengthen budget management to ensure that government procurement projects are strictly implemented in accordance with the approved budget and avoid arrears due to insufficient budget. At the same time, the government has also strengthened the overall guidance on the disposal of delinquent accounts, and encourages all parties to resolve disputed accounts through negotiation; if there are major differences, the government will organize consultations and mediations. In this process, organizations such as the Federation of Industry and Commerce, Lawyers Association, etc. will also play an important role in providing professional support and promoting the proper resolution of the problem. This provision provides a basis for the payment of accounts of private enterprises."Double insurance", so that enterprises no longer have to worry about account collection issues, can participate in market activities with more peace of mind, and promote the healthy development of the private economy.

70, The government’s commitments count, and the rights and interests of private enterprises are guaranteed.

The government's policy commitments and contract agreements with private enterprises must be fulfilled and cannot be violated at will. Article 70 of the "Private Economy Promotion Law" protects you. Let’s take a look at the law first.

Article 70Local people's governments at all levels and their relevant departments shall fulfill the policy commitments made to private economic organizations and the contracts concluded with private economic organizations in accordance with the law, and shall not breach the contract or break the contract on the grounds of administrative division adjustment, government change, institutional or functional adjustment, or replacement of relevant personnel.

If policy commitments or contractual agreements need to be changed due to national interests or social public interests, they shall be carried out in accordance with legal authority and procedures, and private economic organizations shall be compensated for the resulting losses.

Article 70 of the Private Economy Promotion Law clearly stipulates that local people's governments at all levels and their relevant departments must fulfill the policy commitments made to private economic organizations and the contracts concluded with private economic organizations in accordance with the law. This means that private enterprises can cooperate with the government with confidence and do not have to worry about the government defaulting due to administrative division adjustment, term change, organizational or functional adjustment, and personnel replacement. If policy commitments or contractual agreements need to be changed due to national interests or social public interests, the government must also proceed in accordance with legal authority and procedures, and compensate private enterprises for the resulting losses. This regulation is like a shot in the arm, giving private enterprises confidence in government cooperation, stabilizing market expectations, and creating a good policy environment for the development of the private economy, allowing private enterprises to operate with peace of mind, develop boldly, and contribute to economic prosperity.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail.

Source: Yingting Administrative Litigation Practice and Case Study