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The Central Committee of the Communist Party of China and the State Council released the full text of the "Opinions on Promoting the Development and Growth of the Private Economy"
Release Time:
2023-07-19
The "Opinions" contain 31 items in total and have deployed 28 key tasks, among which the provisions involving intellectual property rights are: (12) Continuously improve the intellectual property protection system. Increase the protection of original innovations of private small, medium and micro enterprises. Strictly implement systems such as punitive damages and behavioral preservation for intellectual property infringement. Establish a rapid processing mechanism for intellectual property infringement and administrative non-litigation enforcement, and improve the cross-regional jurisdiction system of intellectual property courts. Study and improve intellectual property protection measures for commercial improvements, cultural creativity and other innovative achievements, and severely crack down on unfair competition behaviors such as infringement of trade secrets, counterfeiting and confusion, and illegal behaviors such as malicious registration of trademarks. Intensify the criminal crackdown on illegal and criminal acts that infringe on intellectual property rights. Improve the guidance mechanism for responding to overseas intellectual property disputes. (16) Support the improvement of scientific and technological innovation capabilities. Private enterprises are encouraged to continue to increase investment in research and development, carry out research on key core technologies, and actively undertake major national science and technology projects in accordance with national strategic needs and industry development trends. Cultivate a group of leading private science and technology enterprises in key industries, specialized small and new enterprises, and characteristic industrial clusters of small and medium-sized enterprises with strong innovation capabilities. Improve colleges and universities,...
Central Committee of the Communist Party of China State Council
Opinions on promoting the development and growth of the private economy
(July 14, 2023)
The private economy is a new force in promoting Chinese-style modernization, an important foundation for high-quality development, and an important force in promoting my country to comprehensively build a modern and powerful socialist country and achieve the second centenary goal. In order to promote the development and growth of the private economy, the following opinions are hereby put forward.
1. Overall requirements
Guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, we will thoroughly implement the spirit of the 20th National Congress of the Communist Party of China, adhere to the general tone of the work of seeking progress while maintaining stability, fully, accurately and comprehensively implement new development concepts, accelerate the construction of a new development pattern, and strive to promote high quality development, adhere to the direction of socialist market economic reform, adhere to the "two unwavering principles", accelerate the creation of a market-oriented, legal and international first-class business environment, optimize the development environment of the private economy, and protect the property rights of private enterprises and the rights and interests of entrepreneurs in accordance with the law, Comprehensively build a pro-Qing political and business relationship, so that all types of ownership economies can use production factors equally in accordance with the law, participate in market competition fairly, and receive equal legal protection, guide private enterprises to continuously improve the quality of development through their own reform and development, compliance operations, transformation and upgrading, and promote the private economy Be bigger, better, and stronger, make positive contributions in the new journey of comprehensively building a modern socialist country, shoulder greater missions, assume greater responsibilities, and play a greater role in the historical process of the great rejuvenation of the Chinese nation.
2. Continue to optimize the development environment of the private economy
Build a high-level socialist market economic system, continue to optimize a stable, fair, transparent and predictable development environment, and fully stimulate the vitality of the private economy.
(1) Continue to break down market access barriers. All regions and departments shall not set barriers to entry in the form of filing, registration, annual inspection, accreditation, certification, designation, requiring the establishment of branches, etc. or in disguised form. Clean up and standardize the prerequisites and approval standards for government service matters such as administrative approval, licensing, and filing. Government service matters shall not be converted into intermediary service matters. Enterprises shall not be required to conduct self-testing, inspection, certification, and appraisal before government services without legal and regulatory basis. , notarize or provide certification, etc. Steadily carry out market access effectiveness assessment, establish a complaint and response mechanism for market access barriers, and improve the collection and reporting system of typical cases.
(2) Comprehensively implement fair competition policies and systems. Strengthen the basic status of competition policy, improve the fair competition system framework and policy implementation mechanism, and insist on treating enterprises of all types of ownership equally and equally. Strengthen antitrust law enforcement to prevent the abuse of administrative power to eliminate and restrict competition. Franchise rights shall not be granted to operators without fair competition, and the operation, purchase, and use of goods and services provided by specific operators shall not be restricted. Regularly launch a negative list of market intervention behaviors, and promptly clean up and abolish policies that hinder the unified market and fair competition such as local protection, market segmentation, and designated transactions. Optimize and improve the implementation methods of industrial policies, establish a catalog of preferential policies for enterprises and make them public in a timely manner.
(3) Improve the social credit incentive and restraint mechanism. Improve the credit information recording and sharing system, comprehensively promote the credit commitment system, and incorporate commitment and performance information into credit records. Give full play to the role of the credit incentive mechanism to enhance the sense of gain for companies with good credit. Improve the credit constraint mechanism and punish responsible entities in accordance with laws and regulations according to the list of punitive measures for breach of trust. Improve the credit repair mechanism after untrustworthy behavior is corrected, and study and issue relevant management measures. Improve the government's integrity performance mechanism, establish and improve government breach of trust records and punishment systems, and incorporate breach of trust information such as breach of contract, default on accounts, and refusal to perform judicial decisions by agencies and institutions into the national credit information sharing platform.
(4) Improve the market-oriented restructuring mechanism. Encourage private enterprises to revitalize existing assets and recover funds. Adhere to accurate identification and classified policies, and actively apply bankruptcy reorganization and bankruptcy reconciliation procedures in accordance with the principles of marketization and rule of law for enterprises that are in financial difficulties but still have development prospects and rescue value. Promote the revision of corporate bankruptcy laws and improve supporting systems. Optimize policies related to the conversion of individual industrial and commercial households into enterprises and reduce conversion costs.
3. Increase policy support for the private economy
Accurately formulate and implement various support policies, improve policy implementation methods, strengthen policy coordination, respond to concerns and interests in a timely manner, and effectively solve practical difficulties.
(5) Improve financing support policy systems. Improve the market-based financing risk sharing mechanism involving banks, insurance, guarantees, securities firms and other parties. Improve the credit rating and evaluation system for small, medium and micro enterprises and individual industrial and commercial households, strengthen the collection of enterprise-related credit information, and promote service models such as "Xinyidai". Support qualified private small, medium and micro enterprises in financing in the bond market, encourage qualified private enterprises to issue scientific and technological innovation corporate bonds, and promote the special support plan for private enterprise bond financing to expand coverage and enhance credit enhancement. Support the listing, financing and refinancing of qualified private enterprises.
(6) Improve the regular prevention and cleanup mechanism for delinquent accounts. Strictly implement the "Regulations on Guaranteeing the Payment of Small and Medium-sized Enterprises", improve the long-term mechanism to prevent and resolve arrears of accounts to small and medium-sized enterprises, and increase the accountability and punishment of responsible persons in accordance with laws and regulations. Agencies, public institutions and large enterprises shall not refuse or delay payments to small and medium-sized enterprises and individual industrial and commercial households on the grounds of changes in internal personnel, implementation of internal payment procedures, or waiting for completion acceptance approval, final accounts audit, etc. without stipulations in the contract. Establish a system for regular disclosure of delinquent accounts, advice and guidance, and proactive law enforcement. Strengthen the disclosure of commercial bill information and improve the credit constraint mechanism in the bill market. Improve the mechanism for handling complaints about delinquent accounts and credit supervision, and strengthen the exposure of malicious cases of delinquent accounts. Improve the normalized docking mechanism for the clearance of delinquent accounts and the audit, supervision, inspection and other systems.
(7) Strengthen the protection of talent and employment needs. Smooth channels for the flow of talents to private enterprises, and improve continued policy mechanisms for personnel management, archives management, and social security. Improve the professional title evaluation methods of private enterprises, unblock the professional title evaluation channels of private enterprises, and improve the professional title evaluation standards guided by market evaluation. Build an information docking platform for private enterprises, individual industrial and commercial households and job seekers. Vigorously promote school-enterprise cooperation and the integration of industry and education. Promote the construction of workers in private economic industries and optimize the career development environment. Strengthen the protection of workers' rights and interests in flexible employment and new employment forms, and give full play to the role of platform enterprises in expanding employment.
(8) Improve the mechanism for direct access to support policies. Give full play to the role of the direct access mechanism of fiscal funds and promote the direct access and quick enjoyment of enterprise-related funds. Increase the disclosure of enterprise-related subsidy funds and accept social supervision. Establish a "no need to apply and enjoy" mechanism for support policies for private small, medium and micro enterprises and individual industrial and commercial households, and promote a notification and commitment system. Materials that relevant departments can extract through public data platforms will no longer be required to be provided repeatedly.
(9) Strengthen policy communication and anticipatory guidance. Implement enterprise-related policy adjustment procedures in accordance with laws and regulations, and set a reasonable transition period based on actual conditions. Strengthen the issuance, interpretation and guidance of policies directly oriented to private enterprises and individual industrial and commercial households. Support government departments at all levels to invite outstanding entrepreneurs to conduct consultations and give full play to the role of entrepreneurs in the formulation and evaluation of enterprise-related policies, plans, and standards.
4. Strengthen legal protection for private economic development
Improve the legal environment that equally protects all types of ownership economies and create good and stable expectations for the development of the private economy.
(10) Protect the property rights of private enterprises and the rights and interests of entrepreneurs in accordance with the law. Prevent and correct the use of administrative or criminal means to intervene in economic disputes, as well as local protectionism in law enforcement and justice. Further standardize compulsory measures involving property rights to avoid seizure, seizure, and freezing of property that exceeds authority, scope, amount, and time limit. For commercial property involved in the case that is not suitable for seizure, seizure and freezing, while ensuring the normal progress of investigation activities, the relevant parties can be allowed to continue to use it reasonably, and necessary value preservation and storage measures can be taken to minimize the impact of the investigation and handling of the case on normal office work and legal production and operations. . Improve mechanisms for appeals and retrials of enterprise-related cases, and improve mechanisms for the effective prevention and regular correction of unjust cases.
(11) Establish a system and mechanism for private enterprises to prevent and control corruption at the source. Promulgate judicial interpretations to intensify the punishment of corrupt behaviors such as job embezzlement, misappropriation of funds, and bribery by private enterprise staff in accordance with the law. Improve the recovery and disposal mechanism for property involved in the case. Deepen the compliance reform of the enterprises involved in the case and promote the compliance and law-abiding operation of private enterprises. Strengthen the governance of the sources of corruption in private enterprises and guide private enterprises to establish strict audit supervision systems and accounting systems. Give full play to the role of party organizations in private enterprises, promote enterprises to strengthen legal education, and create an honest and clean corporate culture. Establish a corruption governance mechanism for private enterprises with the participation of multiple entities. Promote the construction of private enterprises governed by law and clean private enterprises.
(12) Continue to improve the intellectual property protection system. Increase the protection of original innovations of private small, medium and micro enterprises. Strictly implement systems such as punitive damages and behavioral preservation for intellectual property infringement. Establish a rapid processing mechanism for intellectual property infringement and administrative non-litigation enforcement, and improve the cross-regional jurisdiction system of intellectual property courts. Study and improve intellectual property protection measures for commercial improvements, cultural creativity and other innovative achievements, and severely crack down on unfair competition behaviors such as infringement of trade secrets, counterfeiting and confusion, and illegal behaviors such as malicious registration of trademarks. Intensify the criminal crackdown on illegal and criminal acts that infringe on intellectual property rights. Improve the guidance mechanism for responding to overseas intellectual property disputes.
(13) Improve the supervision and law enforcement system. Strengthen the construction of regulatory standardization, disclose regulatory standards and rules in accordance with the law, and enhance the stability and predictability of regulatory systems and policies. Improve the fairness, standardization and simplicity of supervision, and put an end to selective enforcement and supervision that allows companies to "prove themselves innocent". Encourage cross-administrative regions to jointly issue unified regulatory policies, regulations and standards as required, and carry out joint law enforcement. In accordance with the principle of combining education and punishment, law enforcement methods such as notification, reminder, and persuasion shall be implemented, and administrative penalties shall not be imposed on first-time violations with minor harmful consequences and timely correction according to law.
(14) Improve the long-term supervision mechanism for enterprise-related charges. Continue to improve the list system of enterprise-related charges set by the government, make regular public announcements, and accept supervision from enterprises and society. Smooth the channels for complaints and reports of enterprise-related illegal charges, establish a standardized mechanism for departmental sharing and transfer of problem clues, comprehensively adopt market supervision, industry supervision, credit supervision and other means to implement joint punishment, and publicly expose typical cases of illegal charges.
5. Efforts to promote the private economy to achieve high-quality development
Guide private enterprises to implement new development concepts, deeply grasp existing shortcomings and challenges, transform development methods, adjust industrial structures, transform growth drivers, stick to their main businesses, strengthen industries, and consciously follow the path of high-quality development.
(15) Guide and improve the governance structure and management system. Support and guide private enterprises to improve their corporate governance structures, regulate shareholder behavior, strengthen internal supervision, achieve standardized governance, effective checks and balances, and compliant operations, and encourage qualified private enterprises to establish and improve modern enterprise systems with Chinese characteristics. Promote in accordance with the law the separation of corporate property from the individual or family property of investors, and clarify the corporate property rights structure. Research and build a risk assessment system and warning mechanism to provide early warning for situations that seriously affect corporate operations and may cause risks to social stability. Support private enterprises to strengthen risk prevention and management, guide the establishment of comprehensive risk management systems covering corporate strategy, planning, investment and financing, market operations and other fields, and enhance quality management awareness and capabilities.
(16) Support the improvement of scientific and technological innovation capabilities. Private enterprises are encouraged to continue to increase investment in research and development, carry out research on key core technologies, and actively undertake major national science and technology projects in accordance with national strategic needs and industry development trends. Cultivate a group of leading private science and technology enterprises in key industries, specialized small and new enterprises, and characteristic industrial clusters of small and medium-sized enterprises with strong innovation capabilities. Increase government procurement of innovative products, give full play to the role of the first (set) insurance compensation mechanism, and support the iterative application of innovative products by private enterprises. Promote the integration and innovation of enterprises with different ownerships, large and medium-sized enterprises, and carry out joint research on common technologies. Improve the management system and achievement transformation mechanism of colleges and universities and scientific research institutes, mobilize their enthusiasm to support the innovative development of private small, medium and micro enterprises, and support private enterprises to cooperate with scientific research institutions to establish technology research and development centers, industrial research institutes, pilot maturation bases, engineering research centers, Innovation platforms such as manufacturing innovation centers. Support private enterprises to strengthen basic and cutting-edge research and the transformation of results.
(17) Accelerate digital transformation and technological transformation. Encourage private enterprises to carry out digital common technology research and development, and participate in the investment, construction and application innovation of new infrastructure such as data centers and industrial Internet. Support the digital transformation of small and medium-sized enterprises and promote the promotion and application of low-cost, modular intelligent manufacturing equipment and systems. Guide private enterprises to actively promote standardization construction and improve product quality levels. Support private enterprises to increase their efforts in green and low-carbon transformation of production processes, equipment, and technologies, accelerate the development of flexible manufacturing, improve their ability to expand and convert emergency production, and enhance the resilience of the industrial chain.
(18) Encourage the improvement of international competitiveness. Support private enterprises to base themselves on their own reality and actively extend into the design and research and development of core parts and components and high-end finished products; strengthen brand building and enhance the reputation of "Made in China". Private enterprises are encouraged to expand overseas business, actively participate in the joint construction of the “Belt and Road”, participate in overseas projects in an orderly manner, abide by local laws and regulations and fulfill social responsibilities when going global. Provide better guidance and support for private enterprises to prevent and respond to external challenges such as trade protectionism, unilateralism, and "long-arm jurisdiction." Strengthen departmental coordination and establish a risk prevention and mitigation collaboration mechanism for the personal and property safety of private economic personnel overseas.
(19) Support participation in major national strategies. Encourage private enterprises to voluntarily expand employment and improve the wage distribution system to improve employees' ability to enjoy the fruits of enterprise development. Support private enterprises to invest in the central, western and northeastern regions to develop labor-intensive manufacturing, equipment manufacturing and ecological industries, promote the accelerated development of old revolutionary base areas and ethnic minority areas, and invest in the construction of border areas to promote the development of border areas and enrich the people. Support private enterprises to participate in promoting carbon peak and carbon neutrality, provide carbon reduction technologies and services, increase investment in renewable energy power generation and energy storage and other fields, and participate in the trading of carbon emission rights and energy use rights. Support private enterprises to participate in rural revitalization, promote new agricultural business entities and social service organizations to develop modern planting and breeding industries, develop high-quality modern agricultural product processing industries, develop modern agricultural service industries in accordance with local conditions, strengthen leisure agriculture, rural tourism and other specialty industries, and actively Participate in the “Thousands of Enterprises Prosperize Thousands of Villages” campaign. Support private enterprises to participate in comprehensively strengthening infrastructure construction, and guide private capital to participate in major projects such as new urbanization, transportation and water conservancy, and the construction of shortcomings areas.
(20) Regulate and guide the healthy development of private capital in accordance with the law. Improve the legal system that regulates and guides the healthy development of private capital, establish "traffic lights" for capital, improve capital behavior systems and rules, and launch a batch of "green light" investment cases. Comprehensively improve capital governance efficiency, improve capital supervision capabilities and modernize the supervision system. Guide the development of the platform economy in the direction of openness, innovation, and empowerment, make up for shortcomings in development, support platform enterprises to show their talents in creating jobs, expanding consumption, and international competition, and promote the standardized, healthy and sustainable development of the platform economy. Encourage private enterprises to concentrate on strengthening and improving their main business and enhance their core competitiveness.
6. Promote the healthy growth of private economic professionals
Comprehensively implement the policy of trust, unity, service, guidance, and education, use pragmatic measures to stabilize, inspire, and unite people's hearts, and guide private economic people to promote entrepreneurship.
(21) Improve the ideological and political construction mechanism for private economic personnel. Actively and steadily do a good job in developing party members among advanced representatives of the private economy. Carry out in-depth education on ideals and beliefs and core socialist values. Educate and guide party members among private economic professionals to strengthen their ideals and beliefs, play a vanguard and exemplary role, and resolutely implement the party's theory, line, principles and policies. Actively explore and innovate party-building work methods in the private economy.
(22) Cultivate and promote entrepreneurship. Guide private entrepreneurs to enhance their patriotism, be brave in innovation, be honest and law-abiding, assume social responsibilities, expand their international horizons, dare to venture and work hard, and continuously stimulate innovative vitality and creative potential. Give full play to the role of outstanding entrepreneurs in demonstrating and leading, intensify selection and commendation efforts in accordance with regulations, vigorously cultivate entrepreneurship in the private economy, and timely summarize and promote the growth experience of entrepreneurs with Chinese characteristics and in line with the trend of the times.
(23) Strengthen the construction of the team of private economic representatives. Optimize the structure of the team of representatives of the private economy, improve the selection mechanism, take into account different regions, industries and enterprises of different sizes, and appropriately tilt towards strategic emerging industries, high-tech industries, advanced manufacturing, modern service industries, modern agriculture and other fields. Standardize political arrangements, improve relevant comprehensive evaluation systems, properly recommend outstanding private economic figures as candidates for people's congresses at all levels and members of the Chinese People's Political Consultative Conference, and give full play to the role of the Federation of Industry and Commerce as the main channel for the orderly political participation of private economic figures. Support private economic representatives to play a greater role in international economic activities and economic organizations.
(24) Improve the education and training system for private economic professionals. Improve special training and study and seminar mechanisms for private economic personnel, and further increase education and training efforts. Improve the training system for private small, medium and micro enterprises and build a multi-field, multi-level, online and offline training system. Strengthen the step-by-step training of private economic professionals, establish and improve a mentoring and mentoring system for the younger generation of private economic professionals, and promote the handover and orderly succession of new and old careers.
(25) Comprehensively build pro-Qing political and business relations. To implement the establishment of a pro-Qing political and business relationship, party and government cadres and private entrepreneurs must establish a new pro-Qing unified political and business relationship in both directions. Leading cadres at all levels must openly and sincerely interact with private entrepreneurs, take the initiative and serve from the front, solve problems and do practical things for private enterprises and private entrepreneurs in accordance with laws and regulations, keep the bottom line of interactions, guard against integrity risks, and be friendly and helpful. Degree, clarity and potential. Private entrepreneurs must actively communicate with party committees, governments and departments at all levels, tell the truth, tell the truth, make suggestions, keep themselves clean and follow the right path, run enterprises in compliance with laws and regulations, and conduct business in an open and aboveboard manner.
7. Continue to create a social atmosphere that cares about and promotes the development and growth of the private economy.
Guide and support the private economy to fulfill its social responsibilities, show a good image, better interact with public opinion, and create a good social atmosphere of correct understanding, full respect, and active concern for the private economy.
(26) Guide the whole society to objectively, correctly and comprehensively understand the private economy and private economic personnel. Strengthen theoretical research and publicity, adhere to the principle of seeking truth from facts, objectivity and fairness, grasp the correct direction of public opinion, guide the society to correctly understand the major contribution and important role of the private economy, and correctly view the wealth obtained by private economic personnel through legal and compliance operations. We must resolutely resist and promptly refute and clarify erroneous remarks and practices that question the basic socialist economic system and deny and weaken the private economy, and promptly respond to concerns and dispel concerns.
(27) Cultivate a public opinion environment that respects private economic innovation and entrepreneurship. Strengthen publicity and reporting on the advanced deeds of outstanding entrepreneurs and accelerate the construction of world-class enterprises, condense the positive energy of advocating innovation and entrepreneurship, and enhance entrepreneurs' sense of honor and social value. Create a public opinion environment and an atmosphere of the times that encourage innovation and tolerate failure, and provide understanding, tolerance, and help for the mistakes and failures of private economic personnel in their legal operations. Establish a departmental collaboration mechanism to severely crack down on blackmail and other behaviors that use negative public opinion as a threat in accordance with the law, improve relevant reporting mechanisms, and reduce the cost of corporate rights protection.
(28) Support private enterprises to better fulfill their social responsibilities. Education guides private enterprises to consciously assume the social responsibility of promoting common prosperity, actively build harmonious labor relations within the enterprise, and promote the construction of a community of interests for all employees, so that the results of enterprise development can benefit all employees more equitably. Encourage and guide private economic people to be doers of development and devotees in the new era, realize personal values at a higher level, show a good image of abiding by laws and social ethics to the whole society, and be rich and responsible, and rich and Righteous, rich and loving. Explore the establishment of a social responsibility evaluation system and incentive mechanism for private enterprises, guide private enterprises to actively participate in glorious undertakings and public welfare charities, participate in emergency disaster relief, and support national defense construction.
8. Strengthen organization and implementation
(29) Uphold and strengthen the party’s leadership. We must uphold the centralized and unified leadership of the Party Central Committee over private economic work and implement the Party’s leadership in all aspects of the entire work process. Adhere to the correct political direction, establish and improve the working mechanism for the development of the private economy and private enterprises, clarify and consolidate departmental responsibilities, strengthen coordination and cooperation, and strengthen the linkage between the central and local governments. Support the Federation of Industry and Commerce to play a better role in promoting the healthy development of the private economy and the healthy growth of private economic professionals.
(30) Improve and implement the incentive and restraint mechanism. Strengthen the supervision and implementation of policies that have been introduced, focus on promoting the development and growth of the private economy, protecting property rights, promoting entrepreneurship and other policies, and improve the evaluation and supervision system. Establish and improve a private economic complaint and rights protection platform, and improve the confidentiality system, handling procedures, and supervision and assessment mechanisms for complaints and reports.
(31) Make summary and evaluation in a timely manner. Carry out special evaluation and review of private economic policies in the assessment of consistency with macro policy orientations. Improve China's business environment evaluation system and improve the third-party evaluation mechanism for policy implementation effects. Strengthen the statistical monitoring and evaluation of the private economy, and if necessary, research and compile a unified and standardized private economic development index. Continuously innovate and develop "Jinjiang Experience", timely summarize and promote good experiences and practices from various places, and solidify effective experiences and practices in appropriate forms.
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