China.org.cn | December 9, 2024
Yicai:
The draft law on the promotion of the private sector is currently seeking public comments. It's believed to be a crucial step for boosting the confidence of private businesses. How does the MOJ think this law will impact the development environment for the private sector? Thank you.
Hu Weilie:
I'll answer this question. I appreciate the keen interest from both the media and the public in this law. Since the draft law was released for comment, the MOJ has received more than 1,000 ideas and suggestions. The formulation of this law is a decision and arrangement of the CPC Central Committee and the State Council. It was also a clear requirement made at the third plenary session of the 20th CPC Central Committee. As China's first fundamental law dedicated to boosting the private sector, it upholds Party leadership and the fundamental socialist economic systems. It commits to unswervingly consolidating and developing the public sector and unswervingly encouraging, supporting, and guiding the development of the non-public sector. This draft law incorporates approaches and policies for developing the private economy adopted by the CPC Central Committee and State Council since reform and opening-up began, especially after the 18th CPC National Congress, along with effective practices, into the legal system. The draft law enshrines equal treatment and protection for private businesses, aiming to establish a long-term mechanism that stabilizes development expectations for private enterprises and entrepreneurs while boosting the private sector. As a groundbreaking move, the draft law includes terms such as staying committed to unswervingly consolidating and developing the public sector, unswervingly encouraging, supporting, and guiding the development of the non-public sector, as well as cultivating and advocating entrepreneurship. It also clarifies that promoting the private sector's sustained, healthy and high-quality development is a persistent national policy. The draft law clearly indicates that boosting the private sector is a consistent and long-term Party and government policy. These contents, after being written into law, will provide a stable binding force to facilitate the sustained, healthy and high-quality development of the private sector and create a more beneficial environment for the common development of economic entities under all forms of ownership, including private ones.
In terms of market access, the draft law makes several clear stipulations. All types of economic organizations, including private ones, may operate in accordance with law and on an equal footing in fields not included in the negative lists for market access. The system for fair competition review should be implemented, and policies and measures must go through such review before being issued. Private economic organizations shouldn't be limited or excluded from bidding, government procurement and other public resource trading activities. These measures aim to promote fair competition with participation from private businesses.
In terms of sci-tech innovation, the draft explicitly supports the active participation of private sector in developing new quality productive forces, and encourages its participation in national sci-tech research projects. The draft also supports capable private enterprises and organizations in taking the lead in major technological breakthrough tasks, guarantees their participation in standard setting and the development and utilization of public data resources in accordance with the law, and strengthens the protection of their intellectual property rights.
In terms of investment and financing support, the draft focuses on optimizing the investment and financing environment for private sector, supporting the participation of private enterprises and organizations in national major strategies and major projects. Governments at all levels and their departments are required to facilitate the promotion and connection of investment projects, supporting private enterprises and organizations in revitalizing existing assets and enhancing reinvestment capabilities. The draft also supports financial institutions in developing financial products and services tailored to private economic entities, providing them with rights-based pledged loans. Differentiated supervision is implemented for financial institutions providing financial services to micro- and small-sized private enterprises, allowing for a reasonable tolerance for non-performing loans. The establishment of a market-based risk-sharing mechanism for financing private enterprises and organizations is also promoted.
In terms of operation regulations, the draft imposes requirements on private sector to operate in accordance with the law, proactively integrate into national strategies, actively fulfill its social responsibilities, and serve the economic and social development with private capital. These measures will better ensure the stable and far-reaching development of private enterprises within the legal framework, promote the development of the private sector, and facilitate the growth of individuals within the private sector.
In terms of service guarantees and rights protection, the draft strengthens the supervision of administrative law enforcement, standardizes enforcement inspection procedures, and stipulates that administrative penalties must be commensurate with the facts, nature, circumstances and degree of social harm of the violations. It requires that any restrictions on personal freedom must be in accordance with statutory powers, conditions and procedures. No exceeding of powers, scope, amounts, time limits for sealing, seizure or freezing of property is allowed. Unlawfully intervening in economic disputes through administrative or criminal means is prohibited. Firm measures have been taken to curb arbitrary fines, inspections and seizures. These provisions establish basic principles of the rule of law and legal compliance for law enforcement and supervision involving enterprises, further optimizing the legal environment for doing business, enabling private enterprises and entrepreneurs to do business and develop with peace of mind.
That's all from me. Thank you.