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Beijing News Shell Finance (Reporter Huang Xinyu) Promote and protect the "innovation spark" of technology companies through adjustment, give full play to the "shock absorber" function of insurance in the operation of private enterprises, and take flexible freezing measures to restart the "locked" equity...

On July 11, on the first anniversary of the issuance of the "Opinions of the CPC Central Committee and the State Council on Promoting the Development and Growth of the Private Economy", the Beijing Financial Court held a press conference to report on the trial of cases involving private enterprises, related work measures, and released 12 typical cases involving the protection of private enterprises.

Source: Beijing Financial Court

"In July 2022, we joined hands with the Beijing Federation of Industry and Commerce to establish the 'Business Environment Optimization Studio', and in April 2024, we established the Private Enterprise Property Rights Protection Mediation Room with the Beijing Federation of Industry and Commerce to promote the iterative upgrade of the business environment optimization studio mechanism, and extend the focus from back-end execution to the entire process of establishment, trial, and execution, so that the service radius for private enterprises will be shorter and the efficiency will be more practical." Xue Feng, member of the Party Leadership Group and vice president of the Beijing Financial Court, said.

Photo: Xue Feng, member of the Party Leadership Group and Vice President of Beijing Financial Court (provided by Beijing Financial Court, the same below)

At the press conference, Song Yi, member of the Party Leadership Group and vice president of Beijing Financial Court, released these 12 typical cases involving the protection of private enterprises. In terms of content, these cases involve maintaining the normal production and operation of private enterprises involved in litigation, supporting private enterprises' technological innovation, strengthening private enterprises' insurance protection, reducing private enterprises' dispute resolution costs, and resolving business risks to help private enterprises get out of trouble and regenerate.

At the same time, the 12 typical cases released this time include typical practices of judges resolving the "delisting alarm" of listed companies through pre-litigation mediation, as well as beneficial attempts to accurately enforce "judicial prescriptions" to protect corporate operations. Each typical case is a microcosm of the Beijing Financial Court's service to safeguard the healthy development of the private economy and promote the construction of a legal business environment.

"The Beijing Financial Court will always adhere to the principle of 'using trials to establish rules and promoting governance through coordination', insist on equal protection of all types of economic ownership in cases involving private enterprises, and handle financial disputes involving private enterprises fairly and impartially, and strive to create a rule of law business environment that is safe and beneficial to businesses." Song Yi said.

Photo: Song Yi, member of the Party Leadership Group and Vice President of Beijing Financial Court

It is understood that currently about 50% of the cases in the Beijing Financial Court involve private enterprises, and the case types are concentrated in financial loan contract disputes, financial leasing contract disputes, bill disputes, factoring disputes, asset management contract disputes and other causes of action.

Since its establishment on March 18, 2021, the Beijing Financial Court has issued three trial white papers, seven batches of typical cases, and sent 12 judicial recommendations involving private enterprises, further expanding the radiation effect of the rules, promoting enterprises to operate in accordance with the law, and enhancing the market confidence of private entrepreneurs.

It is reported that the Beijing Financial Court insists on legally recognizing that non-typical guarantees such as financial leasing and factoring are legal and valid, and continuously broadens the financing channels for private enterprises; it does not support abnormally high returns that circumvent the judicial protection ceiling of interest rates, such as disguised usury and disguised debt, to reduce the financing costs of private enterprises; it protects the bill recovery rights of private enterprise bill holders in accordance with the law, and facilitates capital financing in business operations; it supports private enterprises in flexible employment in accordance with laws and regulations, and if the cause of the loss cannot be determined after the enterprise has purchased employer liability insurance, the proportionality principle will be applied to determine the compensation liability in accordance with the law.

After the press conference, Miao Qian, Vice President of Beijing Chamber of Commerce and President of Beijing Investment and Financing Chamber of Commerce, shared his experience in applying the mechanism of optimizing the business environment studio to participate in case mediation. Judge Hao Di of the Second Trial Court and Judge Guo Jie of the Execution Bureau shared their ideas and experience in handling relevant typical cases. Representatives from Haidian District's science and technology innovation industry, Beijing Federation of Industry and Commerce, staff of Beijing Haidian District Financial Office and relevant business environment experts attended the symposium on the theme of "Enabling the development of new quality productivity with high-quality financial justice".

Editor: Yue Caizhou

Proofread by Lucy