Promoting the Steady and Long-Term Development of the Private Economy through a Law-Based Business Environment

The private economy is a vital force in advancing Chinese-path modernization, an important foundation for high-quality development, and a key force driving China’s comprehensive construction of a great modern socialist country and the realization of the second centenary goal. Promoting the healthy and high-quality development of the private economy cannot be separated from the safeguard of the rule of law. General Secretary Xi Jinping has pointed out: “Maintain the order of the socialist market economy according to law, and raise the level of building a law-based business environment.” This points the way for us to strengthen the confidence and stabilize the expectations of private enterprises through building a law-based business environment. The Private Economy Promotion Law, which came into effect in May of this year, stipulates that “the state adheres to encouraging, supporting, and guiding the development of the private economy according to law, and better leverages the role of the rule of law in consolidating foundations, stabilizing expectations, and benefiting the long term,” sending a clear signal to raise the level of building a law-based business environment. To implement the decisions and deployments of the Party Central Committee, we must take Xi Jinping Thought on the Rule of Law as our guide, focus on upholding and improving the system of socialism with Chinese characteristics and advancing the modernization of the national governance system and governance capacity, and accelerate the formation of a legal system based on the Private Economy Promotion Law and supported by relevant laws, regulations, and rules. This will protect the legitimate rights and interests of private enterprises and entrepreneurs, maintain a market order of fair competition, and provide a stable, fair, transparent, and predictable business environment for the healthy and high-quality development of private enterprises.

民营经济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、实现第二个百年奋斗目标的重要力量。促进民营经济健康发展、高质量发展，离不开法治保障。习近平总书记指出：“依法维护社会主义市场经济秩序，提升法治化营商环境建设水平。”这为我们以法治化营商环境建设推动民营企业强信心、稳预期指明了方向。今年5月施行的民营经济促进法规定“国家坚持依法鼓励、支持、引导民营经济发展，更好发挥法治固根本、稳预期、利长远的保障作用”，传递出提升法治化营商环境建设水平的明确信号。把党中央决策部署落到实处，要以习近平法治思想为指引，围绕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，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，保护民营企业和企业家合法权益，维护公平竞争的市场秩序，为民营企业健康发展、高质量发展提供稳定、公平、透明、可预期的营商环境。

Building a law-based business environment is an inherent requirement for promoting the growth and strengthening of the private economy.

建设法治化营商环境是促进民营经济发展壮大的内在要求

General Secretary Xi Jinping has pointed out: “The socialist market economy is essentially a rule-of-law economy” and “The rule of law is the best business environment.” The practice of more than 40 years of reform and opening up has fully proven that the more the economy develops, the more inseparable it is from the rule of law. The higher the level of rule of law in a locality and the more complete the business environment, the safer transactions become, the more stable entrepreneurs’ psychological expectations are, the more motivated they are to start businesses and work, and thus the more vigorous and sustained the vitality driving economic development becomes. Without the escort of a law-based business environment, no matter how good the hardware facilities or how preferential the investment policies, it is difficult to attract more enterprises to invest and do business.

习近平总书记指出：“社会主义市场经济本质上是法治经济”“法治是最好的营商环境”。改革开放40多年来的实践充分证明，经济越发展，就越离不开法治。一个地方的法治化水平越高、营商环境越完善，交易就越安全，企业家的心理预期就越稳定，干事创业也越有动力，进而推动经济发展的活力就越充沛、越持久。没有法治化营商环境保驾护航，硬件设施再好、招商政策再优惠，也难以吸引更多企业投资经商。

Private enterprises are an important component of China’s socialist market economy, and the rule of law is the most effective “reassurance pill” for the growth and strengthening of private enterprises. At the private enterprise symposium in February of this year, General Secretary Xi Jinping pointed out: “The current political environment, economic environment, and social environment are all very favorable for the development of the private economy. The time is right for the vast number of private enterprises and private entrepreneurs to show their talents.” Promoting the vast number of private enterprises and private entrepreneurs to show their talents is inseparable from raising the level of building a law-based business environment. This is both an inherent requirement for building a high-level socialist market economy system and an inevitable choice for encouraging, supporting, and guiding the development of the private economy. The Private Economy Promotion Law stipulates that “the state adheres to the principles of equal treatment, fair competition, equal protection, and common development to promote the growth and strengthening of the private economy. Private economic organizations enjoy equal legal status, market opportunities, and development rights with other types of economic organizations,” promoting the further optimization of the law-based business environment, which will drive the healthy and high-quality development of the private economy on the track of the rule of law.

民营企业是我国社会主义市场经济的重要组成部分，法治是民营企业发展壮大最有效的“定心丸”。在今年2月的民营企业座谈会上，习近平总书记指出：“现在政治环境、经济环境、社会环境都十分有利于民营经济发展，广大民营企业和民营企业家大显身手正当其时。”推动广大民营企业和民营企业家大显身手，离不开提升法治化营商环境建设水平。这既是构建高水平社会主义市场经济体制的内在要求，又是鼓励、支持、引导民营经济发展的必然选择。民营经济促进法规定“国家坚持平等对待、公平竞争、同等保护、共同发展的原则，促进民营经济发展壮大。民营经济组织与其他各类经济组织享有平等的法律地位、市场机会和发展权利”，推动法治化营商环境进一步优化，将在法治轨道上推动民营经济健康发展、高质量发展。

A law-based business environment provides important safeguards for protecting the legitimate rights and interests of private enterprises according to law. As important participants in the socialist market economy, private enterprises’ need to obtain equal legal protection in the process of investment and business start-up is an inherent requirement for their growth and strengthening. China’s Constitution stipulates: “The state protects the legitimate rights and interests of non-public sectors of the economy such as individual and private economies.” The rule of law can ensure that all types of enterprises enjoy substantive fairness in terms of access conditions, business rules, etc., and supervise law enforcement and judicial authorities to strictly abide by the substantive and procedural rules stipulated by law, protecting the legitimate business rights and property rights of enterprises. Raising the level of building a law-based business environment and strengthening equal protection for private enterprises according to law has an important goal: to uphold and implement the “Two Unswervinglys” [1]1 The “Two Unswervinglys” (两个毫不动摇) refers to the Party’s policy of unswervingly consolidating and developing the public sector of the economy, and unswervingly encouraging, supporting, and guiding the development of the non-public sector of the economy., ensuring that all forms of ownership economies can equally use factors of production according to law, fairly participate in market competition, and receive equal legal protection, allowing private enterprises to invest with confidence and develop with peace of mind. Take enterprise property rights as an example. “Those who have constant property have constant hearts” [2]2 “Those who have constant property have constant hearts” (有恒产者有恒心) is a classical Chinese saying from Mencius, meaning that people who possess stable property are more likely to have stable and virtuous minds.; the effective guarantee and realization of enterprise property rights is the foundation for their growth and strengthening, and also the foundation for sustained and healthy economic and social development. Protecting enterprise property rights includes not only protecting property rights, creditor’s rights, and equity, but also protecting intellectual property rights and other various intangible property rights. As an important part of building a law-based business environment, the Central Committee of the Communist Party of China and the State Council issued the “Opinions on Improving the Property Rights Protection System and Protecting Property Rights According to Law” in 2016, proposing “adhering to equal rights, equal opportunities, and equal rules, abolishing various forms of unreasonable regulations on the non-public economy, eliminating various hidden barriers, ensuring that all forms of ownership economies can equally use factors of production according to law, openly, fairly, and impartially participate in market competition, receive equal legal protection, and jointly fulfill social responsibilities,” etc., strengthening the protection of the property rights of business entities, especially private enterprises, according to law, effectively enhancing the development momentum of various business entities, maintaining social fairness and justice, and maintaining sustained and healthy economic and social development and long-term national stability and security.

法治化营商环境为依法保护民营企业合法权益提供重要保障。作为社会主义市场经济的重要参与者，民营企业在投资兴业过程中获得平等法律保护，是其发展壮大的内在需求。我国宪法规定：“国家保护个体经济、私营经济等非公有制经济的合法的权利和利益。”法治能够确保各类企业在准入条件、经营规则等方面享有实质公平，并监督执法和司法严格遵守法律规定的实体规则与程序规则，保护企业合法的经营权利和财产权利。提升法治化营商环境建设水平，强化对民营企业的依法平等保护，一个重要目标就是坚持和落实“两个毫不动摇”，保证各种所有制经济依法平等使用生产要素、公平参与市场竞争、同等受到法律保护，让民营企业放心投资、安心发展。以企业产权为例。“有恒产者有恒心”，企业产权的有效保障和实现是其发展壮大的基础，也是经济社会持续健康发展的基础。保护企业产权，既包括保护物权、债权、股权，也包括保护知识产权及其他各种无形财产权。作为法治化营商环境建设的重要内容，中共中央、国务院2016年印发《关于完善产权保护制度依法保护产权的意见》，提出“坚持权利平等、机会平等、规则平等，废除对非公有制经济各种形式的不合理规定，消除各种隐性壁垒，保证各种所有制经济依法平等使用生产要素、公开公平公正参与市场竞争、同等受到法律保护、共同履行社会责任”等，依法对经营主体特别是民营企业的产权加强保护，有效增强了各类经营主体发展动力，维护社会公平正义，保持经济社会持续健康发展和国家长治久安。

A law-based business environment provides basic conditions for stabilizing the development expectations of private enterprises. From the perspective of economic and social development, expectations are the judgments of business entities about the future, which can directly influence their choices of economic behavior. This is because when enterprises and entrepreneurs arrange production and consumption activities, they usually first make predictions and judgments about the future, then make effective decisions and take corresponding actions under a series of constraints, in order to better cope with the various uncertainties faced in development. Therefore, stabilizing expectations is a key factor in stimulating the development momentum and vitality of private enterprises. Especially in the current environment where uncertain and unpredictable factors are increasing, only when expectations are stable will investors dare to invest, operators expand production, and consumers be willing to consume. Raising the level of building a law-based business environment helps to establish and maintain good economic and social order, form a good legal order, and effectively reduce the various uncertainties faced by private enterprises in their business activities. For example, using the rule of law to regulate the boundary between the government and the market requires the government to do what is required by statutory duties and not to do what is not authorized by law. On the basis of respecting the laws of the socialist market economy, through market-based means and within the framework of the rule of law, it adjusts the interest relationships of various business entities, better maintains market order, compensates for market failures, optimizes government services, and improves administrative efficiency. This can effectively overcome the misplacement, offside, and absence of government functions, give full play to the decisive role of the market in resource allocation, thereby stabilizing the expectations of business entities such as private enterprises, enhancing the confidence of entrepreneurs, and stimulating the vitality of enterprise development.

法治化营商环境为稳定民营企业发展预期提供基本条件。从经济社会发展角度看，预期是经营主体对未来的判断，能够直接影响经营主体的经济行为选择。这是因为，企业和企业家对生产与消费活动进行安排时，通常要首先对未来进行预测和判断，然后在一系列约束条件下作出有效决策并采取相应行动，以更好应对发展中面临的各种不确定性。因此，稳定预期是激发民营企业发展动力和活力的一个关键因素。特别是在当前不确定难预料因素增多的环境下，预期稳定，投资者才敢于投资、经营者才会扩大生产、消费者才愿意消费。提升法治化营商环境建设水平，有助于建立和维护良好经济和社会秩序，形成良好的法律秩序，有效降低民营企业经营活动面临的各种不确定性。比如，用法治来规范政府和市场的边界，要求政府做到法定职责必须为、法无授权不可为，在尊重社会主义市场经济规律的基础上，通过市场化手段、在法治框架内调整各类经营主体的利益关系，更好维护市场秩序、弥补市场失灵、优化政务服务、提升行政效能。这能够有效克服政府职能错位、越位、缺位，充分发挥市场在资源配置中的决定性作用，进而稳定民营企业等经营主体的预期，增强企业家信心，激发企业发展活力。

A law-based business environment provides strong support for promoting innovation and creation by private enterprises. Innovation is the primary driving force for development, and enterprises are the mainstay of scientific and technological innovation. Private enterprises, characterized by their courage to explore and innovate, are active in the field of scientific and technological innovation. Currently, China’s private enterprises contribute over 70% of technological innovation achievements, encompass more than 80% of the national specialized and new “little giant” enterprises [3]3 “Little giant” enterprises (专精特新“小巨人”企业) are a category of specialized and sophisticated small and medium-sized enterprises recognized by the Chinese government for their innovation and niche market leadership., and account for over 92% of the national high-tech enterprises. China is accelerating the development of new quality productive forces through scientific and technological innovation. Protecting and stimulating the innovative spirit and vitality of private enterprises is an important part of developing new quality productive forces in accordance with local conditions. It must be recognized that innovation activities are naturally accompanied by unknown risks and have always been a “one-in-a-million” endeavor. A law-based business environment not only provides a prerequisite for order and stability but also plays a role in encouraging and tolerating innovation. Article 27 of the Private Economy Promotion Law [4]4 The Private Economy Promotion Law (民营经济促进法) is a Chinese law enacted to legally define and protect the status and rights of the private sector. explicitly stipulates: “The State encourages and supports private economic organizations to actively play a role in promoting scientific and technological innovation, cultivating new quality productive forces, and building a modern industrial system.” Improving the level of law-based business environment construction can help private enterprises effectively avoid and actively respond to various risks and challenges that may be faced in innovation activities. Specifically, on the one hand, it ensures the orderly conduct of economic activities, providing a predictable legal framework for private enterprises to carry out innovation practices, delineating clear “runways,” reducing environmental uncertainty, and thereby effectively stimulating the innovation and creation vitality of private enterprises. On the other hand, it ensures that private enterprises equally use production factors according to law, fairly participate in market competition, and receive equal legal protection. In particular, it can effectively protect the innovation achievements of private enterprises from infringement, providing a strong guarantee for enterprises to continuously carry out innovation activities, thereby promoting the development of new quality productive forces. This will also foster a favorable social atmosphere that encourages and tolerates innovation throughout society.

法治化营商环境为促进民营企业创新创造提供有力支持。创新是引领发展的第一动力，企业是科技创新的主体。民营企业具有勇于探索、敢于创新的特点，在科技创新领域表现活跃。当前，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。我国正在以科技创新加快发展新质生产力。保护和激发民营企业的创新精神、创新活力，是因地制宜发展新质生产力的重要内容。需要看到，创新活动天然伴随着未知风险，向来是“九死一生”。法治化营商环境既是秩序稳定的前提，也具有鼓励和包容创新的作用。民营经济促进法第二十七条明确规定：“国家鼓励、支持民营经济组织在推动科技创新、培育新质生产力、建设现代化产业体系中积极发挥作用。”提升法治化营商环境建设水平，能够助力民营企业有效规避和积极应对创新活动中可能面临的各类风险挑战。具体来看，一方面，保障经济活动有序开展，为民营企业开展创新实践提供可预期的合法框架，划定清晰“跑道”，减少环境不确定性，进而有效激发民营企业创新创造活力；另一方面，确保民营企业依法平等使用生产要素、公平参与市场竞争、同等受到法律保护，特别是能够有效保护民营企业创新成果免受侵犯，为企业持续开展创新活动提供有力保障，进而促进新质生产力发展。这也将推动在全社会形成鼓励和包容创新的良好社会氛围。

China’s law-based business environment construction has taken solid steps, and the legal guarantee for the development of the private economy has been continuously strengthened.

我国法治化营商环境建设迈出坚实步伐，民营经济发展法治保障不断加强

During the 19th collective study session of the Political Bureau of the 18th CPC Central Committee in 2014, General Secretary Xi Jinping pointed out: “We must continue to strengthen our internal capabilities, handle our own affairs well, accelerate market-oriented reforms, and create a law-based business environment.” [5]5 This quote is from a speech by Xi Jinping at a collective study session of the 18th CPC Central Committee Political Bureau in 2014. Implementing the spirit of General Secretary Xi Jinping’s important speech, China has consistently adhered to and implemented the “Two Unwaveringly” [6]6 The “Two Unwaveringly” (两个毫不动摇) is a policy principle: unwaveringly consolidate and develop the public sector, and unwaveringly encourage, support, and guide the development of the non-public sector., and through comprehensively deepening reform, has implemented the requirements of treating all types of business entities equally and protecting them equally according to law in legislation, law enforcement, judiciary, and law-abiding. Targeting the prominent issues faced in the development of private enterprises, it has strengthened the supply of the rule of law, improved the system of laws and regulations for the business environment, and continuously created a stable, open, transparent, and predictable business environment. In the World Bank’s global business environment ranking, China’s position has significantly improved, providing an important institutional foundation for maintaining a fair and orderly market competition order, offering effective support for private economic investment, business development, and growth, and creating necessary conditions for the vigorous development of the socialist market economy.

在2014年主持十八届中共中央政治局第十九次集体学习时，习近平总书记指出：“要继续练好内功、办好自己事，加快市场化改革，营造法治化营商环境”。贯彻落实习近平总书记重要讲话精神，我国始终坚持和落实“两个毫不动摇”，通过全面深化改革，在立法、执法、司法、守法方面落实对各类经营主体一视同仁对待、依法平等保护的要求，并针对民营企业发展中面临的突出问题强化法治供给，健全营商环境法律法规制度体系，持续营造稳定公开透明、可预期的营商环境。在世界银行发布的全球营商环境排名中，我国位次大幅提升，为维护公平有序竞争市场秩序提供了重要制度基础，为民营经济投资兴业和发展壮大提供了有效支撑，为社会主义市场经济蓬勃发展创造了必要条件。

Focusing on legislation for the business environment, continuously optimizing the institutional environment for enterprise operation and development. Legislation is the foundation of the rule of law, and good laws are the prerequisite for good governance. To improve the level of law-based business environment construction, it is first necessary to perfect the supply of laws and regulations, implement the requirement of equal treatment for state-owned and private enterprises from the institutional and legal levels, provide a legal basis for protecting the property rights of private enterprises and the legitimate rights and interests of private entrepreneurs according to law, and continuously consolidate the rule-based cornerstone for promoting the high-quality development of the private economy within the framework of the rule of law. For example, the “Regulations on Optimizing the Business Environment” implemented in 2020 proposed that “optimizing the business environment should adhere to the principles of marketization, rule of law, and internationalization” and “innovate systems and mechanisms, strengthen coordination and linkage, and improve legal guarantees,” providing institutional guarantees for creating fair, open, and transparent market rules and a law-based business environment. Many provinces (autonomous regions and municipalities) have also issued corresponding local regulations or government rules for optimizing the business environment. The Civil Code implemented in 2021 further improved various basic legal systems and behavioral rules in China’s civil and commercial fields, providing clearer behavioral rules and basic guidelines for civil and commercial activities. The Private Economy Promotion Law, for the first time, clarifies the legal status of the private economy and guarantees the legitimate rights and interests of private enterprises in areas such as market access, scientific and technological innovation, and financing support. It is a foundational law for promoting the development of the private economy. The promulgation and implementation of these laws and regulations provide an effective legal basis for optimizing the law-based business environment and have effectively improved the level of China’s law-based business environment construction.

聚焦营商环境立法，持续优化企业经营发展制度环境。立法是法治的基础，良法是善治的前提。提升法治化营商环境建设水平，首先要完善法律法规供给，从制度和法律上把对国企民企平等对待的要求落实下来，为依法保护民营企业产权和民营企业家权益提供法律依据，不断夯实在法治轨道上推动民营经济高质量发展的规则基石。比如，2020年施行的《优化营商环境条例》提出“优化营商环境应当坚持市场化、法治化、国际化原则”“创新体制机制、强化协同联动、完善法治保障”等，为打造公平开放透明的市场规则和法治化营商环境提供了制度保障，许多省（区、市）也对照出台了优化营商环境地方性法规或政府规章；2021年施行的民法典，进一步完善了我国民商事领域各项基本法律制度和行为规则，为民商事活动提供了更为明确的行为规则和基本遵循；民营经济促进法首次明确民营经济的法律地位，并保障民营企业在市场准入、科技创新、融资支持等方面的合法权益，是促进民营经济发展的一部基础性法律。这些法律法规的出台实施，为优化法治化营商环境提供了有效法律依据，有力提升了我国法治化营商环境建设水平。

Focusing on standardized law enforcement involving enterprises, striving to reduce the compliance burden on enterprises. Law enforcement is an important way to maintain market order and directly affects the development environment of the private economy. In recent years, with an eye on fairness and justice, law enforcement agencies have strengthened the construction of the rule of law in key areas, adhered to law-based administration, and further consolidated the foundation for strictly regulating, standardizing, fair, and civilized law enforcement. In terms of law enforcement standards, the benchmark system for administrative discretion has been continuously improved. Based on relevant documents such as the “Opinions on Further Regulating the Formulation and Management of Administrative Discretion Benchmarks” issued by the General Office of the State Council, various localities and departments have refined and quantified the scales and standards of administrative law enforcement actions in terms of scope, extent, etc. As of the end of 2024, market supervision departments in various provinces (autonomous regions and municipalities) have successively issued lists of matters for non-punishment for first-time offenses, exemption from minor penalties, and mitigation of penalties, totaling 3,952 items. In terms of law enforcement methods, the classified results of enterprise credit risks have been fully applied routinely in the “dual random, one public” [7]7 “Dual random, one public” (双随机、一公开) is a regulatory model where inspectors and inspection targets are randomly selected, and the results are made public. supervision, with the proportion and frequency of random inspections reasonably determined and dynamically adjusted, implementing differentiated and precise supervision. In terms of law enforcement supervision, various localities have innovated means of administrative law enforcement supervision. Measures such as “scanning codes to enter enterprises” have effectively enhanced the standardization of administrative inspections. Administrative reconsideration has also played a positive role in correcting administrative actions. In 2024, over 6,500 illegal and improper administrative law enforcement actions that infringed upon the legitimate rights and interests of enterprises were corrected. These important measures have effectively and equally protected the legitimate rights and interests of various enterprises, including private enterprises, and entrepreneurs according to law, effectively reducing the burden on enterprises.

聚焦涉企规范执法，着力减轻企业合规经营负担。执法是维护市场秩序的重要方式，直接影响民营经济发展环境。近年来，着眼公平公正，执法机关加强重点领域法治建设，坚持依法行政，严格规范公正文明执法基础进一步夯实。在执法标准上，不断健全行政裁量权基准制度。在国务院办公厅印发的《关于进一步规范行政裁量权基准制定和管理工作的意见》等有关文件基础上，各地各部门细化量化行政执法行为在范围、幅度等方面的尺度和标准。截至2024年底，各省（区、市）市场监管部门相继出台首违不罚、轻微免罚、减轻处罚的事项清单累计达3952项。在执法方式上，全面实现企业信用风险分类结果在“双随机、一公开”监管中常态化运用，合理确定、动态调整抽查比例和频次，实施差异化精准监管。在执法监督上，各地创新行政执法监督手段，“扫码入企”等举措有效增强行政检查规范性；行政复议在纠正行政行为方面也发挥积极作用，2024年纠正侵犯企业合法权益的违法和不当行政执法行为6500余件。这些重要举措，依法有效平等保护了包括民营企业在内的各类企业和企业家合法权益，有效减轻了企业负担。

Focusing on improving judicial quality and efficiency, resolving disputes for enterprise operations through fair justice. The judiciary is a key link in guaranteeing and realizing the rule of law for fair competition and plays an important role in serving the overall situation of economic and social development. Fair justice is not only the last line of defense for maintaining social fairness and justice but also an important part of improving the level of law-based business environment construction. In recent years, China has focused on improving judicial quality and efficiency, continuously striving to resolve disputes for enterprise operations through fair justice, effectively enhancing the level of China’s law-based business environment construction. For example, in supporting enterprise exit, the efficiency of handling bankruptcy cases has been continuously improved. In 2024, courts nationwide concluded 30,000 bankruptcy cases, revitalizing assets of over 790 billion yuan. The mechanism for the linkage between courts and government agencies in bankruptcy cases has been strengthened, and the verification of enterprise bankruptcy information has been handled efficiently. In 2024, the “one-stop” service for enterprise bankruptcy information verification was launched, enabling the joint handling of 9 verification items in one go, further facilitating the verification of bankruptcy enterprise information and improving the efficiency of bankruptcy disposal. The latest business survey results released by the World Bank show that over 97% of enterprises believe that Chinese courts are fair and reliable in resolving commercial disputes, ranking at the leading level among more than 100 economies that have completed the survey. At the same time, various localities adhere to and develop the “Fengqiao Experience” in the New Era [8]8 The “Fengqiao Experience” (枫桥经验) is a model of grassroots social governance originating from Fengqiao Town, Zhejiang Province, emphasizing mediation and conflict resolution at the local level., continuously promoting the formation of a grand mediation work pattern. In 2024, people’s mediation organizations nationwide mediated 1.153 million contract disputes, including 234,000 disputes involving private enterprises, resolving a number of enterprise-related conflicts and disputes at their root. The continuous advancement of fair justice and the continuous improvement of judicial quality and efficiency have not only effectively ensured the smooth progress of various business activities in accordance with laws and regulations but also effectively enhanced the integrity and compliance awareness of various business entities, strengthening the internal driving force for the construction of a law-based business environment.

聚焦提升司法质效，以公正司法为企业经营解纷。司法是保障和实现公平竞争法治化的关键一环，在服务经济社会发展大局上具有重要作用。公正司法既是维护社会公平正义的最后一道防线，也是提升法治化营商环境建设水平的重要内容。近年来，我国聚焦提升司法质效，持续努力以公正司法为企业经营解纷，有力提升了我国法治化营商环境的建设水平。比如，在支持企业退出方面，破产案件办理效率不断提升，2024年全国法院审结破产案件3万件，盘活资产7900余亿元；加强破产案件府院联动机制建设，企业破产信息核查高效办理，2024年推出企业破产信息核查“一件事”，实现9个核查事项一次联办，进一步便利了破产企业信息核查，提高破产处置效率。世界银行最新公布的企业调查结果显示，超过97%的企业认为我国法院在解决商业纠纷时公正可靠，在已完成调查的100多个经济体中处于领先水平。同时，各地坚持和发展新时代“枫桥经验”，持续推动形成大调解工作格局，2024年全国人民调解组织调解合同纠纷115.3万件，其中涉民营企业纠纷23.4万件，从根源上化解了一批涉企矛盾纠纷。公正司法的持续推进和司法质效的持续提升，既有力保障了各项营商活动依法依规顺利进行，又有效提升了各类经营主体的诚信与合规意识，增强了法治化营商环境建设的内驱力。

Focus on cultivating law-abiding awareness, creating a favorable atmosphere for enterprises to study, understand, and use the law. The market economy advocates the contractual spirit of “agreements must be kept and breaches must be punished.” Only when business entities jointly abide by market rules and carry out production and operation activities on a law-based track can all business activities proceed smoothly. Guiding enterprises to establish compliance awareness and effectively enhancing the legal consciousness of enterprise managers and employees can reduce transaction costs, promote the core socialist values, and better regulate the order of the socialist market economy. In terms of legal education and publicity, China has organized activities such as “Constitution Publicity Week” and “Civil Code Publicity Month” to popularize legal concepts such as equal protection of property rights. In terms of public legal services for enterprises, various localities have successively launched public-interest legal service activities such as “legal physical examinations” for private enterprises and “ten thousand law firms linking ten thousand chambers of commerce,” forming lawyer service teams to help enterprises prevent legal risks and improve governance structures. Efforts have been strengthened to professionalize enterprise legal service teams, with enhanced guidance for lawyers and corporate legal counsel. A total of over 80 lawyer practice operation guidelines have been published, covering multiple business areas including company law, using excellent practical experience to help improve professional service levels. Through unremitting efforts, the law-abiding awareness of private enterprises has been significantly enhanced, continuously consolidating the ideological foundation for building a law-based business environment.

聚焦守法意识培育，营造企业学法知法用法良好氛围。市场经济倡导“有约必守、违约必究”的契约精神，只有经营主体共同遵守市场规则，在法治化轨道上开展生产经营活动，各项营商活动才能顺利进行。引导企业树立合规意识，切实增强企业管理者和职工的法治观念，能够降低交易成本，弘扬社会主义核心价值观，更好规范社会主义市场经济秩序。在法治宣传教育方面，我国组织开展了“宪法宣传周”“民法典宣传月”等活动，普及产权平等保护等相关法治理念；在涉企公共法律服务方面，各地陆续推出民营企业“法治体检”“万所联万会”等公益法律服务活动，组建律师服务团，帮助企业防范法律风险、完善治理结构；加强企业法律服务队伍专业化建设，强化对律师、企业法律顾问业务的指导，累计组织出版80多个律师业务操作指引，内容涉及公司法等多个业务领域，以优秀实践经验助力提升专业服务水平。经过不懈努力，民营企业的守法意识得到显著提高，不断筑牢法治化营商环境建设的思想基础。

Promoting high-quality development of the private economy through a stable, fair, transparent, and predictable law-based business environment

以稳定公平透明、可预期的法治化营商环境促进民营经济高质量发展

General Secretary Xi Jinping pointed out: “The business environment can always be improved; there is no such thing as the best.” Improving the business environment is a systematic project that requires long-term persistence, and optimizing the law-based business environment will not stop; it requires sustained and unremitting effort. In recent years, China has achieved significant results in building a law-based business environment, but there is still a certain gap compared with the requirements for better promoting the high-quality development of the private economy and the needs of private enterprises for a better business environment. On the New Era and new journey, it is necessary to use legal thinking and legal methods to further comprehensively deepen reform, combine the needs of the entire life cycle of private enterprise development, and address issues faced by private enterprises such as equal access to factors of production, fair participation in market competition, and protection of legitimate rights and interests. This requires improving the legal and regulatory system, strengthening the implementation of systems, creating a fair environment, better stabilizing development expectations, activating innovation momentum, and providing better legal guarantees for the steady and long-term development of the private economy.

习近平总书记指出：“营商环境只有更好，没有最好。”改善营商环境是一项需要长期坚持的系统工程，优化法治化营商环境也不会止步，需要久久为功、绵绵用力。近年来，我国法治化营商环境建设取得显著成效，但与更好促进民营经济高质量发展的要求相比、与民营企业对更优营商环境的需求相比还有一定差距。新时代新征程，要运用法治思维和法治方式进一步全面深化改革，结合民营企业发展全生命周期需要，针对民营企业发展面临的平等使用生产要素、公平参与市场竞争、合法权益保护等问题，健全法规体系、强化制度执行、营造公平环境，更好稳定发展预期、激活创新动力，为民营经济行稳致远提供更好法治保障。

Pay greater attention to the protection of legitimate rights and interests. Improve the property rights system, protect property rights of all forms of ownership equally and permanently in accordance with the law, and establish an efficient comprehensive management system for intellectual property rights. For acts infringing on the property rights and legitimate rights and interests of all forms of ownership, implement equal accountability, equal charges, and equal penalties, and improve the punitive damages system. Strictly prohibit the sealing, seizure, freezing, or detention of property beyond authority, scope, amount, or time limit, standardize the handling of property involved in cases, and reduce the impact on the legitimate production and operation activities of the private economy. Correct wrongful convictions and unjust verdicts involving enterprises in accordance with the law, and strictly review whether compulsory measures restricting personal freedom comply with statutory authority, conditions, and procedures. Combat crimes such as infringing on the reputation rights of private economic organizations and the personal dignity and privacy rights of operators in accordance with the law.

更加注重合法权益保护。完善产权制度，依法平等长久保护各种所有制经济产权，建立高效的知识产权综合管理体制。对侵犯各种所有制经济产权和合法权益的行为实行同责同罪同罚，完善惩罚性赔偿制度。严禁超权限、超范围、超数额、超时限查封、扣押、冻结财产，规范处置涉案财产，减少对民营经济合法生产经营活动的影响。依法纠正涉企冤错案件，对限制人身自由强制措施是否符合法定权限、条件和程序实施严格审查。依法打击侵犯民营经济组织名誉权和经营者人格尊严、隐私权等犯罪。

Pay greater attention to standardizing law enforcement involving enterprises. Improve the benchmark system for administrative discretion, refine and quantify the standards for administrative discretion, standardize the scope, types, and extent of discretion, and avoid abuse of administrative discretion and non-standard law enforcement behaviors such as “replacing management with fines.” For regulatory matters involving multiple departments, high management difficulty, and prominent risks and hidden dangers, establish and improve cross-departmental comprehensive supervision systems to enhance the precision and effectiveness of supervision. Strengthen the combination of punishment and education; for matters listed in the list of minor illegal acts not subject to punishment, impose no punishment; for matters listed in the list of first-time violations exempt from punishment, impose no punishment. Solidly carry out special actions to standardize law enforcement and judicial activities involving enterprises, and strictly prevent individual profit-seeking behaviors and illegal cross-regional law enforcement in law enforcement.

更加注重规范涉企执法。完善行政裁量权基准制度，细化、量化行政裁量标准，规范裁量范围、种类、幅度，避免滥用行政自由裁量权、“以罚代管”等执法不规范行为。对涉及多个部门、管理难度大、风险隐患突出的监管事项，建立健全跨部门综合监管制度，提升监管的精准性和有效性。加强处罚和教育相结合，对列入轻微违法行为不予处罚清单的事项不予处罚，对列入首次违法免予处罚清单的事项免予处罚。扎实开展规范涉企执法司法专项行动，严防执法中个别趋利性行为和违规异地执法。

Pay greater attention to the quality and efficiency of judicial guarantees. Promote the improvement of mechanisms for the source prevention and diversified resolution of conflicts and disputes, advance the construction of the People’s Court Mediation Platform, and effectively reduce the cost for private economic organizations to resolve disputes and escape difficulties. Strengthen comprehensive governance and source governance of the “difficulty in enforcement,” optimize the allocation of enforcement powers, improve the quality and efficiency of bankruptcy trials, strengthen government-court linkages and inter-departmental data connectivity, and enhance cross-departmental and cross-regional coordination and cooperation within the court system, to better leverage the functions of bankruptcy trials in “active rescue” and “timely clearance.” Strengthen legal publicity and education, fully explain the legal guarantee role and normative guidance role of the Private Economy Promotion Law, and leverage the leading, exemplary, educational, and warning roles of typical cases, so that private economic organizations and their operators can “understand and use them.”

更加注重司法保障质效。推动完善矛盾纠纷源头预防、多元化解机制，推进人民法院调解平台建设，切实降低民营经济组织解纷脱困成本。加强“执行难”综合治理、源头治理，优化执行权配置，提高破产审判质效，加强府院联动和部门间数据联通，加强法院体系内跨部门、跨地域联动协作，更好发挥破产审判“积极拯救”和“及时出清”功能。加强普法宣传，充分阐释民营经济促进法的法治保障作用和规范引导作用，发挥典型案例的引领示范、教育警示作用，让民营经济组织及其经营者“看得懂、用得上”。

Pay greater attention to the exemplary role of a law-based government. Promote the legalization of government institutions, functions, powers, procedures, and responsibilities, promote the standardization, normalization, and facilitation of government services, and improve the integrated online government service platform covering the whole country. Improve the mechanisms for the legality review of major decisions and normative documents. Strengthen government legislative review. Improve the legal and regulatory system for settling overdue payments to enterprises, implement the newly revised *Regulations on Ensuring Payment of Sums Due to Small and Medium Enterprises*, and further improve institutional arrangements for resolving the problem of overdue payments by government organs, public institutions, and large enterprises to small and medium enterprises. Promote the construction of government integrity, and establish a credit supervision mechanism for overdue payments to enterprises. Establish and improve a government dishonesty accountability system, focusing on governing government dishonesty in areas such as debt financing, government procurement, public bidding, and investment attraction.

更加注重法治政府表率作用。推进政府机构、职能、权限、程序、责任法定化，促进政务服务标准化、规范化、便利化，完善覆盖全国的一体化在线政务服务平台。完善重大决策、规范性文件合法性审查机制。加强政府立法审查。健全拖欠企业账款清偿法律法规体系，落实新修订的《保障中小企业款项支付条例》，进一步完善解决机关、事业单位、大型企业拖欠中小企业账款问题的制度安排。推进政务诚信建设，建立拖欠企业款项信用监管机制。建立健全政府失信责任追究制度，重点治理债务融资、政府采购、招标投标、招商引资等领域的政府失信行为。

(The author is the Director of the Business Environment Development Promotion Center of the National Development and Reform Commission)

（作者为国家发展改革委营商环境发展促进中心主任）

Online Editor: Huihui

网络编辑：慧慧