Using Legal Thinking to Create a Healthy Development Environment for the Private Sector Economy

General Secretary Xi Jinping attaches great importance to the development of the private sector economy, emphasizing that "the private sector economy is an intrinsic element of our country's economic system, and private enterprises and entrepreneurs are our own people" and that we should "effectively protect the legitimate rights and interests of private enterprises and entrepreneurs in accordance with the law." Promoting the sustained, healthy, and high-quality development of the private sector economy is not an expedient measure but a long-term policy, a major guiding principle and policy that the state upholds over the long term. Starting May 20 this year, the Private Sector Economy Promotion Law of the People's Republic of China came into effect, marking a milestone in the history of China's private sector economy development. This law for the first time clarifies the legal status of the private sector economy, stipulating that "the private sector economy is an important component of the socialist market economy, a vital force in advancing Chinese-path modernization, an important foundation for high-quality development, and an important force driving China's comprehensive building of a great modern socialist country and the great rejuvenation of the Chinese nation." To deeply study and implement the spirit of General Secretary Xi Jinping's important speeches, we must effectively implement the Private Sector Economy Promotion Law, using the rule of law to guarantee the sustained, healthy, and high-quality development of the private sector economy.

习近平总书记高度重视民营经济发展，强调“民营经济是我国经济制度的内在要素，民营企业和民营企业家是我们自己人”“切实依法保护民营企业和民营企业家合法权益”。促进民营经济持续、健康、高质量发展不是权宜之计，而是长久之策，是国家长期坚持的重大方针政策。今年5月20日起，《中华人民共和国民营经济促进法》施行，在我国民营经济发展史上具有里程碑意义。该法第一次明确民营经济的法律地位，规定“民营经济是社会主义市场经济的重要组成部分，是推进中国式现代化的生力军，是高质量发展的重要基础，是推动我国全面建成社会主义现代化强国、实现中华民族伟大复兴的重要力量”。深入学习贯彻习近平总书记重要讲话精神，要把民营经济促进法贯彻实施好，以法治保障民营经济持续、健康、高质量发展。

China's private sector economy has developed amid the continuous improvement and refinement of the socialist rule-of-law system with Chinese characteristics.

我国民营经济是在中国特色社会主义法治体系不断健全完善中发展起来的

In February this year, General Secretary Xi Jinping pointed out at a symposium on private enterprises: "Now, China's private sector economy has formed a considerable scale and carries a very heavy weight." Since reform and opening up, especially in the New Era, China's private sector economy has grown from small to large, from weak to strong, with its overall strength, innovation capacity, and market competitiveness greatly enhanced, becoming an indispensable important force driving China's economic development. Currently, private enterprises in China account for over 92% of the total number of enterprises, contribute more than half of imports/exports and tax revenue, and provide over 80% of urban employment.

今年2月，习近平总书记在出席民营企业座谈会时指出：“现在，我国民营经济已经形成相当的规模、占有很重的分量。”改革开放特别是新时代以来，我国民营经济从小到大、从弱到强，整体实力、创新能力、市场竞争力大大提升，成为推动我国经济发展不可或缺的重要力量。当前，我国民营企业数占企业总数的92%以上，民营企业对进出口和税收的贡献都在五成以上，对城镇就业的贡献达到八成以上。

The achievements of China's private sector economy have been made under the guidance of the Party and state policies. Especially since entering the New Era, the Third Plenary Session of the 18th CPC Central Committee[1]1 The Third Plenary Session of the 18th CPC Central Committee, held in November 2013, where major decisions on comprehensively deepening reforms were made. proposed that "the public sector and the non-public sector are both important components of the socialist market economy and important foundations for our country's economic and social development"; the 19th National Congress of the CPC[2]2 The 19th National Congress of the CPC, held in October 2017, which established Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era. wrote the "Two Unwaverings"[3]3 The "Two Unwaverings" refer to unwaveringly consolidating and developing the public sector economy and unwaveringly encouraging, supporting, and guiding the development of the non-public sector economy. into the basic strategy for upholding and developing socialism with Chinese characteristics in the New Era; the 20th National Congress of the CPC[4]4 The 20th National Congress of the CPC, held in October 2022, which set the direction for building a modern socialist country in all respects. again emphasized the "Two Unwaverings"; and the Third Plenary Session of the 20th CPC Central Committee[5]5 The Third Plenary Session of the 20th CPC Central Committee, held in July 2024, focused on further deepening reform and promoting Chinese modernization. deployed a series of reform measures around "adhering to the policy of creating a favorable environment and providing more opportunities for the development of the non-public sector."

我国民营经济的发展成就是在党和国家方针政策指引下取得的。特别是进入新时代，党的十八届三中全会提出“公有制经济和非公有制经济都是社会主义市场经济的重要组成部分，都是我国经济社会发展的重要基础”，党的十九大把“两个毫不动摇”写入新时代坚持和发展中国特色社会主义的基本方略，党的二十大再次强调“两个毫不动摇”，党的二十届三中全会围绕“坚持致力于为非公有制经济发展营造良好环境和提供更多机会的方针政策”部署一系列改革举措。

The achievements of China's private sector economy are also inseparable from the continuous improvement and refinement of the socialist rule-of-law system with Chinese characteristics. For example, the constitutional amendment adopted at the Second Session of the Ninth National People's Congress[6]6 The Second Session of the Ninth National People's Congress, held in March 1999, adopted a constitutional amendment that enshrined the basic economic system. wrote in "upholding the basic economic system with public ownership as the mainstay and diverse forms of ownership developing together"; the constitutional amendment adopted at the Second Session of the Tenth National People's Congress[7]7 The Second Session of the Tenth National People's Congress, held in March 2004, adopted a constitutional amendment adding protection for non-public sector development., on the basis of upholding the basic economic system, wrote in "the state encourages, supports, and guides the development of the non-public sector." The Private Sector Economy Promotion Law of the People's Republic of China writes the "Two Unwaverings" into law, stipulating that "promoting the sustained, healthy, and high-quality development of the private sector economy is a major guiding principle and policy that the state upholds over the long term," linking it with the constitutional provisions on the socialist basic economic system, thereby providing a solid rule-of-law guarantee for promoting the sustained, healthy, and high-quality development of the private sector economy.

我国民营经济的发展成就也离不开中国特色社会主义法治体系不断健全和完善。比如，九届全国人大二次会议通过的宪法修正案，写入了“坚持公有制为主体、多种所有制经济共同发展的基本经济制度”；十届全国人大二次会议通过的宪法修正案，在坚持基本经济制度的基础上，写入了“国家鼓励、支持和引导非公有制经济的发展”。《中华人民共和国民营经济促进法》将“两个毫不动摇”写入法律，规定“促进民营经济持续、健康、高质量发展，是国家长期坚持的重大方针政策”，与宪法关于社会主义基本经济制度的规定贯通起来，为促进民营经济持续、健康、高质量发展提供了坚实法治保障。

General Secretary Xi Jinping pointed out: "The socialist market economy is a rule-of-law economy" and "the rule of law is the best business environment." As an inherent requirement of the socialist market economy and an important guarantee for its healthy operation and development, the rule of law can equally protect the legitimate rights and interests of market entities in accordance with the law, create a stable and predictable market environment through strict enforcement of the law, and allow property owners and market entities of all types to feel secure in investing and starting businesses. For example, in 2019, the Second Session of the 13th National People's Congress[8]8 The Second Session of the 13th National People's Congress, held in March 2019, adopted the Foreign Investment Law. adopted the Foreign Investment Law, strengthening equal protection for domestic and foreign enterprises; in 2020, the Third Session of the 13th National People's Congress[9]9 The Third Session of the 13th National People's Congress, held in May 2020, adopted the Civil Code. adopted the Civil Code, clarifying that "the state practices a socialist market economy and guarantees the equal legal status and development rights of all market entities." The rule of law can effectively regulate administrative law enforcement, promote fair justice, and create a unified, open, competitive, and orderly market system. In practice, only when the government does what is not authorized by law and must do what is legally mandated, and when judicial organs at all levels fully perform their functions, handle various commercial disputes efficiently and in accordance with the law, can we provide strong judicial services and guarantees for creating a stable, fair, transparent, and predictable business environment. The rule of law can effectively enhance the integrity and compliance awareness of various market entities, ensuring that business activities proceed smoothly and in accordance with laws and regulations. For example, in 2014, the State Council issued the "Outline for the Construction of a Social Credit System (2014–2020)," deploying efforts to create a favorable credit environment and enhance the country's overall competitiveness; it also promulgated the "Interim Regulations on Enterprise Information Disclosure," providing solutions for promoting enterprise integrity and self-discipline and maintaining transaction security by standardizing enterprise information disclosure and strengthening enterprise credit constraints. For this reason, we must use the rule of law to clarify the boundary between the roles of government and the market, and adjust the interest relationships of various entities within the framework of the rule of law.

习近平总书记指出：“社会主义市场经济是法治经济”“法治是最好的营商环境”。作为社会主义市场经济的内在要求及其良性运行发展的重要保障，法治能够依法平等保护经营主体各项合法权益，通过厉行法治打造稳定、可预期的市场环境，让各类产权所有者和经营主体在投资兴业过程中安心放心。比如，2019年，十三届全国人大二次会议通过外商投资法，加强对内外资企业的平等保护；2020年，十三届全国人大三次会议通过民法典，明确“国家实行社会主义市场经济，保障一切市场主体的平等法律地位和发展权利”。法治能够有力规范行政执法、推进公正司法，打造统一开放、竞争有序的市场体系。在实践中，政府做到法无授权不可为、法定职责必须为，各级司法机关充分发挥职能作用，依法高效处理各类商事纠纷，才能为营造稳定、公平、透明、可预期的营商环境提供有力的司法服务和保障。法治能够有效提升各类经营主体的诚信与合规意识，保障各项营商活动依法依规顺利进行。比如，2014年，国务院印发《社会信用体系建设规划纲要（2014—2020年）》，部署营造优良信用环境，提升国家整体竞争力；公布《企业信息公示暂行条例》，通过规范企业信息公示、强化企业信用约束等，为促进企业诚信自律、维护交易安全提供解决方案。正因如此，我们要用法治来明确政府和市场作用的边界，在法治框架内调整各类主体的利益关系。

At the same time, we must recognize that the private sector economy currently still faces some difficulties and challenges. These include both external objective factors such as problems arising from changes in the stage of economic development and industrial structure transformation, and problems within private enterprises themselves, such as weak legal awareness and lack of compliance mechanisms. It should be understood that these difficulties and challenges are generally emerging in the process of reform and development, are partial rather than overall, temporary rather than long-term, and are surmountable rather than unsolvable. Solving these problems requires not only private enterprises themselves to strengthen compliance construction, improve corporate governance structures, and raise the level of decision-making and management in production and operations, but also requires continuous strengthening of rule-of-law construction, accelerating the formation of a legal system based on the Private Sector Economy Promotion Law and supported by relevant laws, regulations, and rules, using legal thinking to create an environment conducive to the sustained, healthy, and high-quality development of the private sector economy, using the stability of the rule of law to help form good market expectations, and using legal methods to handle non-compliant behaviors in the development of the private sector economy.

同时要看到，当前民营经济发展仍面临一些困难和挑战，其中既有外部客观因素如经济发展阶段转变、产业结构转型引发的问题，也有民营企业自身的问题如法律意识淡薄、合规机制缺乏等。应当认识到，这些困难和挑战总体上是在改革发展过程中出现的，是局部的而不是整体的，是暂时的而不是长期的，是能够克服的而不是无解的。解决这些问题不仅需要民营企业自身加强合规建设，完善企业治理结构，提高生产经营的决策和管理水平等，而且需要持续加强法治建设，加快推动形成以民营经济促进法为基础、相关法律法规规章为支撑的法律制度体系，用法治思维营造有利于民营经济持续、健康、高质量发展的环境，以法治的稳定性助推形成良好的市场预期，用法治方式处理民营经济发展中的不规范行为。

The criminal rule-of-law environment is an important component of the law-based business environment and a "ballast stone" for enhancing the sense of security of the private sector economy. Using legal thinking to create an environment for the healthy development of the private sector economy, one important aspect is to optimize the criminal rule-of-law environment from the perspective of upholding and improving the socialist system with Chinese characteristics and advancing the modernization of the national governance system and governance capacity, to improve and perfect the criminal justice systems and policies related to the private sector economy, and to support private enterprises in moving forward lightly and steadily. The principle of legality (nullum crimen sine lege) is a fundamental principle of modern criminal law and the cornerstone of modern criminal rule-of-law civilization; it is both a value standard and a technical path. In the process of improving the criminal justice systems, institutions, and mechanisms related to the private sector economy, we must adhere to the principle of legality and effectively protect the legitimate rights and interests of private enterprises and entrepreneurs in accordance with the law.

刑事法治环境是法治化营商环境的重要组成部分，是增强民营经济安全感的“压舱石”。用法治思维营造民营经济健康发展的环境，一个重要方面就是从坚持和完善中国特色社会主义制度、推进国家治理体系和治理能力现代化的高度，优化刑事法治环境，健全完善与民营经济相关的刑事司法制度与政策，支持民营企业轻装上阵、稳步前行。罪刑法定是现代刑法的基本原则，也是现代刑事法治文明的基石，既是价值准则又是技术路径。在与民营经济相关的刑事司法制度、体制、机制完善过程中，必须坚持罪刑法定，切实依法保护民营企业和民营企业家合法权益。

Adhere to no crime without express legal provision

坚持法无明文规定不为罪

General Secretary Xi Jinping pointed out: "Effectively protect the legitimate rights and interests of private enterprises and entrepreneurs in accordance with the law. This sentence has two key words: first, 'legitimate rights and interests,' emphasizing that what is protected are legitimate rights and interests, not illegal interests; second, 'protection in accordance with the law,' meaning that protection must conform to laws and regulations, and cannot engage in the old trick of 'extralegal favoritism.'" We must both effectively protect the legitimate rights and interests of private enterprises and entrepreneurs in accordance with the law, and promptly discover and handle illegal acts by private enterprises.

习近平总书记指出：“切实依法保护民营企业和民营企业家合法权益。这句话有两个关键词，一是‘合法权益’，强调保护的是合法权益，而不是非法利益；二是‘依法保护’，就是保护必须符合法律法规，不能搞‘法外开恩’那一套。”我们既要切实依法保护民营企业和民营企业家合法权益，又要对民营企业违法行为及时发现并查处。

No crime without express legal provision is an internationally recognized criminal justice standard. Article 3 of the Criminal Law of the People's Republic of China stipulates: "If an act is expressly defined as a crime by law, it shall be convicted and punished in accordance with the law; if an act is not expressly defined as a crime by law, it shall not be convicted or punished." Article 63 of the Private Sector Economy Promotion Law of the People's Republic of China stipulates: "If a production or business activity does not violate the provisions of the criminal law, it shall not be treated as a crime." In implementing the principle of no crime without express legal provision in criminal justice activities involving the private sector economy, the following two points need to be emphasized.

法无明文规定不为罪是国际公认的刑事司法准则。《中华人民共和国刑法》第三条规定：“法律明文规定为犯罪行为的，依照法律定罪处刑；法律没有明文规定为犯罪行为的，不得定罪处刑。”《中华人民共和国民营经济促进法》第六十三条规定：“生产经营活动未违反刑法规定的，不以犯罪论处”。在办理涉及民营经济的刑事司法活动中贯彻法无明文规定不为罪原则，需要着重把握以下两点。

First, strictly distinguish the boundaries between economic disputes and economic crimes, administrative violations and criminal offenses, and civil liability and criminal liability. Adhering to the principle of legality, at the technical level, requires the normativity and clarity of conviction and sentencing standards. In particular, the constitutive elements of crimes such as contract fraud, embezzlement, misappropriation of funds, and illegal business operations, as well as the range of sentencing circumstances, should be further clarified through judicial interpretations and other means to unify case-handling standards. To this end, it is necessary to precisely grasp the boundaries between civil disputes and criminal offenses, and correctly distinguish between legitimate financing by private enterprises and illegal fundraising, contract disputes and contract fraud, etc. For enterprise business behaviors that fall outside the negative list for market access and are not explicitly prohibited by laws and judicial interpretations, they cannot be criminally prosecuted for illegal business operations. We must resolutely prevent and correct local and departmental protectionism, prevent and correct profit-driven law enforcement and judicature, and prevent and correct the use of criminal means to interfere with economic disputes.

一是严格区分经济纠纷与经济犯罪、行政违法与刑事犯罪、民事责任与刑事责任的界限。坚持罪刑法定，在技术层面要求定罪量刑标准的规范性、明确性，特别要对合同诈骗、职务侵占、挪用资金、非法经营等罪名的犯罪构成要件、量刑情节幅度通过司法解释等形式予以进一步明确，以统一办案标准。为此，要精准把握民事纠纷与刑事犯罪的界限，正确区分民营企业正当融资与非法集资、合同纠纷与合同诈骗等的界限。对于市场准入负面清单之外、法律和司法解释没有作出明确禁止性规定的企业经营行为，不能以非法经营罪追究刑事责任，坚决防止和纠正地方和部门保护主义、防止和纠正趋利性执法司法、防止和纠正利用刑事手段干预经济纠纷。

Currently, we must continue to deeply and thoroughly carry out special actions to regulate law enforcement involving enterprises, strengthen special oversight of illegal cross-regional law enforcement and profit-driven law enforcement and judicature, both effectively and equally protect the legitimate rights and interests of all types of enterprises and entrepreneurs in accordance with the law, and strictly handle illegal and irregular behaviors of all types of enterprises in accordance with the law.

当前，要继续深入扎实开展规范涉企执法专项行动，加强对违规异地执法和趋利性执法司法专项监督，既依法有效平等保护各类企业和企业家合法权益，又依法严格处理各类企业违法违规行为。

Second, pay attention to grasping the boundaries between unit crimes and individual crimes. Adhere to the principle of legality for unit crimes; only if the law expressly provides that a unit can commit a crime can it be treated as a unit crime. If a manager of a private enterprise commits a criminal act, but the law does not explicitly stipulate that the unit bears criminal responsibility, the private enterprise cannot be held criminally liable for a unit crime. Strictly distinguish between crimes committed by natural persons using the unit's name and unit crimes; only if a criminal act is committed in the name of the enterprise and the criminal proceeds belong to the enterprise can the private enterprise be criminally prosecuted for a unit crime.

二是要注意把握单位犯罪和个人犯罪的界限。坚持单位犯罪法定原则，法律规定为单位犯罪的，才能以单位犯罪论处。对于民营企业经营管理人员实施犯罪行为，但法律未明确规定追究单位刑事责任的，不能以单位犯罪追究民营企业刑事责任。严格区分自然人利用单位名义实施犯罪与单位犯罪，只有以企业名义实施刑法规定的单位犯罪，且犯罪所得归企业所有的，才能依法追究民营企业的刑事责任。

Adhere to the principle of applying the old law with the more lenient new law

坚持从旧兼从轻

At the 2018 symposium on private enterprises[10]10 The 2018 symposium on private enterprises, held in November 2018, where Xi Jinping delivered a speech reaffirming support for the private sector., General Secretary Xi Jinping pointed out: "Regarding some irregular behaviors that private enterprises may have had in the past, we should view them with a developmental perspective and handle them according to the principles of legality and presumption of innocence, so that entrepreneurs can unload their ideological burdens and move forward lightly." It should be recognized that in the historic transformation from a highly centralized planned economy to a vibrant socialist market economy, China's socialist legal system, capital market system, and private sector economy have all undergone a process of continuous maturation and development.

习近平总书记在2018年民营企业座谈会上指出：“对一些民营企业历史上曾经有过的一些不规范行为，要以发展的眼光看问题，按照罪刑法定、疑罪从无的原则处理，让企业家卸下思想包袱，轻装前进。”应当看到，在从高度集中的计划经济体制到充满活力的社会主义市场经济体制的历史性转变中，我国社会主义法律体系、资本市场体系、民营经济等都经历了一个不断成熟发展的过程。

The principle of applying the old law with the more lenient new law is the basic principle of China's criminal law regarding the retroactive effect of laws. It mainly means that when the law at the time of the act is inconsistent with the law at the time of judgment, the law at the time of the act should generally be applied (the "old" law); however, if the law at the time of judgment is more favorable to the defendant, the law at the time of judgment should be applied (the "more lenient" law) based on the principle of favorableness to the defendant. "Applying the old law" is to maintain the stability of the legal order and the predictability of the public, and is also an inherent requirement for strengthening expectation management in the socialist market economy; "applying the more lenient law" is to respect the developmental and open nature of the law and better protect citizens' freedom and human rights.

从旧兼从轻原则是我国刑法关于法律溯及力的基本原则，主要是指对于行为时法律与裁判时法律不一致的，原则上应“从旧”即适用行为时的法律，但如果裁判时的法律对被告人更为有利时，则应根据有利被告原则依法“从轻”即适用裁判时的法律。“从旧”是为了维护法律秩序的安定性和社会公众的可预测性，也是社会主义市场经济加强预期管理的内在要求；“从轻”是为了尊重法律的发展性与开放性，更好保障公民的自由与人权。

Adhering to the principle of applying the old law with the more lenient new law means objectively viewing and properly handling possible irregular issues in the operation and development of private enterprises with a historical and developmental perspective, following the principle of non-retroactivity of laws, and pronouncing not guilty in accordance with the law for acts with insufficient basis for conviction.

坚持从旧兼从轻原则，就是要以历史和发展眼光客观看待和依法妥善处理民营企业经营发展中可能存在的不规范问题，遵循法不溯及既往原则，对定罪依据不足的依法宣告无罪。

Specifically, for acts that were not considered criminal by the law at the time, or acts that were considered criminal by the law at the time but have exceeded the statute of limitations for prosecution, or acts that are not considered criminal by the current law, criminal prosecution procedures should not be initiated. For acts that are considered criminal by both the law at the time and the current law and are within the statute of limitations for prosecution, comprehensive consideration should be given to the degree of market development at the time, the level of corporate governance, the nature, circumstances, consequences, and repentance of the crime, as well as the current operating and development status of the enterprise, carefully implementing the policy of tempering justice with mercy; if the act merely violated legal provisions or disrupted economic order without actually harming the legitimate rights and interests of the state, citizens, legal persons, or other organizations, a moderately lenient policy may be applied.

具体来看，对于当时的法律不认为是犯罪的，或当时的法律虽然认为是犯罪但已超过追诉时效期限的，或虽未超过追诉时效期限但现行法律不认定为犯罪的，均不应启动刑事追诉程序。对于当时法律和现行法律均认为是犯罪且在追诉时效期限内的，应综合考虑当时的市场发育程度和企业治理水平，犯罪性质、情节、后果、悔改表现以及企业当前的经营发展状况，依法审慎贯彻宽严相济政策；如果只是违反法律规定或妨害经济秩序而并未实际损害国家、公民、法人或其他组织的合法权益，可把握适度从宽政策。

Currently, we must improve the mechanism for effectively preventing, lawfully identifying, and correcting wrongful convictions in cases involving enterprises, by increasing the frequency of higher courts taking cases for trial and direct hearing, and improving the system for instructing different courts to retry cases, so as to correct wrongful criminal convictions in cases involving enterprises in accordance with the law.

当前，要健全有效防范、依法甄别纠正涉企冤错案件机制，通过加大上级法院提审和直接审理力度、完善指令异地法院再审制度等，依法纠正涉企刑事冤错案件。

In February this year, at the symposium on private enterprises, General Secretary Xi Jinping emphasized: "We must strengthen law enforcement supervision, concentrate on rectifying arbitrary charges, fines, inspections, and seizures, and effectively protect the legitimate rights and interests of private enterprises and entrepreneurs in accordance with the law. At the same time, we must recognize that our country is a socialist country under the rule of law, and illegal acts by enterprises of all ownership types cannot evade investigation." This reflects the adherence to strict enforcement of the rule of law and the principle of law-based governance in all respects.

今年2月，习近平总书记在民营企业座谈会上强调：“要强化执法监督，集中整治乱收费、乱罚款、乱检查、乱查封，切实依法保护民营企业和民营企业家合法权益。同时要认识到，我国是社会主义法治国家，各类所有制企业的违法行为，都不能规避查处。”这体现了坚持厉行法治，体现了全面依法治国的原则。

Adhere to the necessity, appropriateness, reasonableness, and fairness of criminal penalties

坚持刑事处罚必要适当合理公正

At the 15th collective study session of the Political Bureau of the 18th CPC Central Committee, General Secretary Xi Jinping pointed out: "Establish fair, open, and transparent market rules, hand over economic activities that can be effectively regulated by market mechanisms to the market, hand over matters that the government should not manage to the market, let the market fully play its role in all areas where it can function, promote the maximization of efficiency and optimization of resource allocation, and give enterprises and individuals more vitality and greater space to develop the economy and create wealth."

习近平总书记在十八届中共中央政治局第十五次集体学习时指出：“建立公平开放透明的市场规则，把市场机制能有效调节的经济活动交给市场，把政府不该管的事交给市场，让市场在所有能够发挥作用的领域都充分发挥作用，推动资源配置实现效益最大化和效率最优化，让企业和个人有更多活力和更大空间去发展经济、创造财富。”

Judicature is a key link in ensuring and realizing fair competition under the rule of law, and fair justice is the last line of defense for maintaining social fairness and justice. Only by clarifying relevant judicial rules can we effectively demonstrate the value orientation of using the rule of law to protect market fairness. Adhering to the principle of legality is not only reflected in the formal rule-of-law significance of no crime without express legal provision and non-retroactivity of laws, but also embodies the substantive rule-of-law value of the necessity and reasonableness of criminal law intervention, achieving the necessity, appropriateness, reasonableness, and fairness of punishment, and realizing the organic unity of political, social, and legal effects.

司法是保障和实现公平竞争法治化的关键一环，公正司法是维护社会公平正义的最后一道防线。明晰相关司法规则，才能有力彰显以法治守护市场公平的价值导向。坚持罪刑法定，不仅体现为法无明文规定不为罪、法不溯及既往的形式法治意义，而且蕴含着刑法介入必要性与合理性的实质法治价值，实现处罚必要适当合理公正，实现政治效果、社会效果和法律效果的有机统一。

Criminal prosecution of private enterprises concerns not only the entrepreneurs themselves but also enterprise employees, upstream and downstream affiliated enterprises, and even the sustainable development of the industry in which they operate. To adhere to the necessity, appropriateness, reasonableness, and fairness of criminal penalties, we must strengthen the consistency assessment between criminal policies related to the private sector economy and macro policy orientations, comprehensively, accurately, and reasonably evaluate and determine social harmfulness from multiple aspects such as economic development, market order, and public order and good customs, comprehensively consider factors external to the business entity such as policy cycles and market risks, and properly grasp the boundaries between criminal intervention and administrative regulation, market adjustment, and enterprise self-discipline, respecting the laws of the market economy.

民营企业刑事追究，不仅事关民营企业家，也涉及企业员工和上下游关联企业，甚至涉及所处行业的可持续发展。坚持刑事处罚必要适当合理公正，要加强涉民营经济刑事政策与宏观政策取向一致性评估，从经济发展、市场秩序、公序良俗等多方面，全面、准确、合理评价认定社会危害性，综合考虑政策周期、市场风险等经营主体之外的因素，妥善把握刑事介入与行政监管、市场调节、企业自律的界限，尊重市场经济法则和规律。

Currently, China is accelerating the construction of a strong technological country and achieving high-level self-reliance in science and technology. Enterprises are the main body of technological innovation. China's private enterprises contribute more than 70% of technological innovation achievements, cover more than 80% of the national "specialized and new" (zhuanjingtexin)[11]11 "Specialized and new" (zhuanjingtexin) refers to enterprises that are specialized, refined, distinctive, and innovative, often small and medium-sized enterprises with high technical expertise. "little giant" enterprises and more than 92% of national high-tech enterprises. General Secretary Xi Jinping pointed out: "Innovation has always been a narrow escape from death" (jiu si yi sheng)[12]12 "A narrow escape from death" (jiu si yi sheng) is a Chinese idiom originally describing a situation of surviving great danger; here it emphasizes the high risk and difficulty of innovation.. Original innovation is particularly characterized by long cycles, high difficulty, and great uncertainty. To provide rule-of-law guarantees for enterprise technological innovation, criminal justice must respect the laws of technological innovation. For behaviors with significance for technological innovation and industrial innovation in the production, operation, and financing activities of the private sector economy, we must establish judicial tolerance mechanisms and thinking, uphold the principle of restraint (leniency) when prudently and cautiously deciding to enter the criminal process, not only set "traffic lights" for capital but also leave sufficient observation windows, so that the path of entrepreneurship is not full of minefields and thorns. Instead, we must use the civilization of the rule of law to create an entrepreneurial ecosystem that encourages entrepreneurship and tolerates failure, in order to maximize the promotion of the entrepreneurial spirit and stimulate the whole society's vitality for entrepreneurship and innovation.

当前，我国正在加快建设科技强国、实现高水平科技自立自强。企业是科技创新的主体。我国民营企业贡献了70%以上的技术创新成果，涵盖了80%以上的国家专精特新“小巨人”企业和92%以上的国家高新技术企业。习近平总书记指出：“创新从来都是九死一生”。原始创新更是周期长、难度高、不确定性大。为企业科技创新提供法治保障，刑事司法要尊重科技创新的规律，对民营经济在生产、经营、融资活动中具有科技创新、产业创新意义的行为，要构建司法容错思维与机制，秉持稳妥审慎入罪的谦抑原则，不仅要为资本设置“红绿灯”，还要留出足够的窗口观察期，不能使创业之路雷区密布、荆棘丛生，而要以法治文明营造鼓励创业、宽容失败的创业生态，以最大程度弘扬企业家精神，激发全社会创业创新活力。

Online editor: Huihui

网络编辑：慧慧