Creating a Sound Legal Environment for High-Quality Development

The Fourth Session of the 14th National People's Congress voted to adopt the *Ecological and Environmental Code of the People's Republic of China*, the *Law of the People's Republic of China on Promoting National Unity and Progress*, and the *Law of the People's Republic of China on National Development Planning*. For a single session of the National People's Congress to deliberate and pass three laws simultaneously—such weight and novelty—will leave a significant mark on legislative history. The rule of law plays a vital role in consolidating foundations, stabilizing expectations, and securing long-term benefits; promoting high-quality development cannot be separated from the support and guarantee of the rule of law. General Secretary Xi Jinping has pointed out: “A law-based environment is the best for gathering people and wealth, and the most conducive to development,” and “to create a sound legal environment for advancing reform, development, and stability.” As a key conceptual marker of Xi Jinping Economic Thought and Xi Jinping Thought on the Rule of Law, the rule-of-law economy profoundly reveals the distinctive features of the socialist market economy and defines the goals and tasks of China’s economic and legal construction in the New Era. To thoroughly study and implement Xi Jinping Economic Thought and Xi Jinping Thought on the Rule of Law, we must deeply grasp the intrinsic connection between developing the socialist market economy and perfecting socialist rule of law, be adept at using legal thinking and legal methods to implement the new development philosophy, and create a sound legal environment for promoting China’s high-quality development.

十四届全国人大四次会议表决通过了《中华人民共和国生态环境法典》《中华人民共和国民族团结进步促进法》《中华人民共和国国家发展规划法》。一次全国人大会议同时审议通过三部法律，分量之重、内容之新，将在立法史上留下浓墨重彩的一笔。法治具有固根本、稳预期、利长远的重要作用，推动高质量发展离不开法治的支撑和保障。习近平总书记指出：“法治化环境最能聚人聚财、最有利于发展”“为推进改革发展稳定工作营造良好法治环境”。作为习近平经济思想、习近平法治思想的一个重要标识性概念，法治经济深刻揭示了社会主义市场经济的鲜明特征，指明了新时代我国经济建设与法治建设的目标任务。深入学习贯彻习近平经济思想、习近平法治思想，要深刻把握发展社会主义市场经济与完善社会主义法治之间的内在联系，善于运用法治思维和法治方式贯彻落实新发展理念，为推动我国高质量发展营造良好法治环境。

The socialist market economy is essentially a rule-of-law economy

社会主义市场经济本质上是法治经济

The market and the rule of law are the two cornerstones of a modern economy, closely linked and mutually reinforcing. Since the 18th National Congress of the CPC, General Secretary Xi Jinping has made a series of important statements on the relationship between the market economy and the construction of the rule of law. For example, at the 2014 Central Economic Work Conference, he pointed out that “the socialist market economy is essentially a rule-of-law economy; economic disorder often stems from failure to abide by laws and failure to investigate and punish violations, so we must adhere to legal thinking, strengthen legal concepts, and regulate and govern the economy according to law. The essential requirement of a rule-of-law economy is to grasp and respect the laws [of economics].” At the first meeting of the Central Committee for Comprehensively Governing the Country According to Law in 2018, he emphasized that “to implement the new development philosophy and achieve the shift from high-speed growth to high-quality development, we must adhere to the guidance of the rule of law.” At the second meeting of the same committee in 2019, he stressed that “the market economy is a rule-of-law economy; the rule of law must be used to regulate the boundaries between government and the market.” At a symposium with entrepreneurs in 2020, he explained that “legal awareness, the spirit of contract, and the concept of honoring agreements are important normative elements of modern economic activity, and are also important requirements of a credit economy and a rule-of-law economy.” At the 2024 Central Economic Work Conference, he further stated that for the government, “to act effectively means to continuously build a rule-of-law economy and a credit economy, improve market rules, and take the lead in abiding by them,” and so on. These important statements profoundly reveal the intrinsic relationship between the market economy and the construction of the rule of law. They not only point the way forward for the construction of socialist rule of law but also provide the fundamental guidance for accelerating the establishment of a high-level socialist market economy system and ensuring China’s high-quality development.

市场与法治是现代经济的两大基石，二者紧密联系、相生相伴。党的十八大以来，习近平总书记围绕市场经济与法治建设的关系作出一系列重要论述。比如，2014年在中央经济工作会议上指出“社会主义市场经济本质上是法治经济，经济秩序混乱多源于有法不依、违法不究，因此必须坚持法治思维、增强法治观念，依法调控和治理经济。法治经济的本质要求就是把握规律、尊重规律”；2018年在中央全面依法治国委员会第一次会议上强调“贯彻新发展理念，实现经济从高速增长转向高质量发展，必须坚持以法治为引领”；2019年在中央全面依法治国委员会第二次会议上强调“市场经济是法治经济，要用法治来规范政府和市场的边界”；2020年在企业家座谈会上阐明“法治意识、契约精神、守约观念是现代经济活动的重要意识规范，也是信用经济、法治经济的重要要求”；2024年在中央经济工作会议上进一步指出政府“有所为，就是要不断建设法治经济、信用经济，完善市场规则并带头遵守规则”，等等。这些重要论述深刻揭示了市场经济与法治建设的内在关系，不仅为社会主义法治建设指明了前进方向，也为加快构建高水平社会主义市场经济体制、保障我国高质量发展提供了根本遵循。

Developing the socialist market economy inevitably requires raising the level of rule-of-law governance. A basic feature of the market economy is the regulation and adjustment of economic activities through legal forms, and the use of legal methods to promote the allocation of resources by the market under the laws of value, competition, and supply and demand. The socialist market economy is a market economy under the socialist system; it conforms to the general laws of the market economy and inherently requires the rule of law as an important support for economic operation. This determines that it is essentially a rule-of-law economy. In the process of developing the socialist market economy, whether it is leveraging the role of price mechanisms and competition mechanisms to guide the rational flow of resource factors, or maintaining a market environment of fair competition and honesty and trustworthiness, the guarantee of the rule of law is needed. Only by fully leveraging the role of the rule of law in guaranteeing the operation of the socialist market economy—for example, by using the stability and equality of the rule of law to grant business entities clear property rights status and fair competition opportunities, and by using the authority and coerciveness of the rule of law to ensure smooth economic circulation—can the superiority of the socialist system be organically combined with the effectiveness of the market economy.

发展社会主义市场经济必然要求提高法治化水平。市场经济的一个基本特征就是通过法律形式对经济活动进行规范和调整，通过法治方式推动市场在价值规律、竞争规律、供求规律等规律作用下配置资源。社会主义市场经济是社会主义制度下的市场经济，符合市场经济的一般规律，内在地要求以法治作为经济运行的重要依托，这就决定了其本质就是一种法治经济。在发展社会主义市场经济过程中，不管是发挥价格机制、竞争机制等的作用引导资源要素合理流动，还是维护公平竞争、诚实守信的市场环境，都需要法治的保障。充分发挥法治对社会主义市场经济运行的保障作用，比如通过法治的稳定性平等性赋予经营主体明晰的产权地位与公平竞争机会、通过法治的权威性强制性保障经济循环畅通等，才能把社会主义制度的优越性与市场经济的有效性有机结合起来。

Combining an effective market with a proactive government is the core issue in building a rule-of-law economy. Handling the relationship between government and the market is the core issue of economic system reform. General Secretary Xi Jinping has pointed out: “On the issue of the role of the market and the role of the government, we must apply dialectics and the ‘two-point theory’; both the ‘invisible hand’ and the ‘visible hand’ must be used well.” This requires that, under the premise of respecting the laws of the market economy, legal forms be used to clarify the boundaries between government and the market, regulate and adjust various interest relationships, and ensure that the market’s “invisible hand” and the government’s “visible hand” each fulfill their responsibilities and cooperate with each other, forming an economic order that is both “lively in release” and “well-managed.” Specifically, direct government allocation of resources and direct intervention in microeconomic activities should be minimized to the greatest extent, fully leveraging the decisive role of the market in resource allocation. Of course, this does not mean that the market plays the entire role in resource allocation; at the same time, the government’s role must be better played, that is, promoting an “effective” market and a “proactive” government, with each leveraging its strengths and achieving better integration. Under the conditions of a rule-of-law economy, the prerequisite for a “proactive government” is a law-based government; it must act where it should and refrain from acting where it should not. “Acting where it should” means “statutory duties must be performed”; “refraining from acting where it should not” means “no action without legal authorization.” By better playing the government’s role, the government’s “visible hand” is used to manage what the market’s “invisible hand” cannot manage or manages poorly.

有效市场和有为政府相结合是建设法治经济的核心问题。处理好政府和市场关系是经济体制改革的核心问题。习近平总书记指出：“在市场作用和政府作用的问题上，要讲辩证法、两点论，‘看不见的手’和‘看得见的手’都要用好”。这要求在尊重市场经济规律前提下，用法治形式厘清政府和市场边界、规范调整各类利益关系，实现市场这只“看不见的手”和政府这只“看得见的手”各负其责、互相配合，形成既“放得活”又“管得好”的经济秩序。具体来看，要最大限度减少政府对资源的直接配置和对微观经济活动的直接干预，充分发挥市场在资源配置中的决定性作用。当然，这并不意味着市场在资源配置中起全部作用，同时还要更好发挥政府作用，也就是推动市场“有效”、政府“有为”，二者各展所长、更好结合。在法治经济条件下，“有为政府”的前提是法治政府，必须有所为、有所不为。有所为意味着“法定职责必须为”，有所不为意味着“法无授权不可为”，通过更好发挥政府作用，用好政府这只“有形之手”来管好市场这只“无形之手”管不了或管不好的事情。

Continuously optimizing the business environment is an important task in building a rule-of-law economy. General Secretary Xi Jinping has repeatedly emphasized: “The rule of law is the best business environment.” It can ensure fair competition, reduce transaction costs, and provide stable legal guarantees for various business entities. China has a super-large domestic demand market. Within the unified framework of national rule of law, promoting economic operations across the country based on unified basic market systems, unified government conduct standards, and unified market supervision and enforcement is conducive to further unleashing the potential of China’s super-large market and improving overall market efficiency. For example, by deepening the reform of the administrative law enforcement system, clarifying the benchmark for administrative penalties in market supervision, and unifying market supervision and enforcement; unifying government conduct standards, clarifying what local governments can and cannot do when promoting economic development, especially in attracting investment; and so on. Only by using unified legal systems, unified law enforcement standards, and unified judicial adjudication standards to regulate local government economic promotion activities, by cleaning up and abolishing various “local policies” that hinder the construction of a unified national market and fair competition, and by eliminating problems such as inconsistent rules, non-uniform standards, and uncoordinated supervision, can we accelerate the construction of an efficient, standardized, fair, competitive, and fully open national unified market.

持续优化营商环境是建设法治经济的重要任务。习近平总书记反复强调：“法治是最好的营商环境”。它能够确保公平竞争、降低交易成本等，并为各类经营主体提供稳定的法治保障。我国拥有超大规模内需市场。在国家法治统一的整体框架下，在全国范围遵循统一市场基础制度、统一政府行为尺度、统一市场监管执法等推动经济运行，有利于进一步激发我国超大规模市场潜力、提升市场整体效率。比如，通过深化行政执法体制改革，明确市场监管行政处罚裁量基准，统一市场监管执法；统一政府行为尺度，明确地方政府在推动经济发展特别是招商引资时，哪些能干哪些不能干；等等。以统一的法律制度、统一的执法标准、统一的司法裁判尺度来规范地方政府经济促进行为，清理和废除妨碍全国统一大市场建设和公平竞争的各种“土政策”，消除规则不一致、标准不统一、监管不协同等问题，才能加快建设高效规范、公平竞争、充分开放的全国统一大市场。

The construction of the rule of law runs through the entire process of the operation of the socialist market economy

法治建设贯穿于社会主义市场经济运行全过程

General Secretary Xi Jinping has pointed out: “We must adhere to law-based governance as the basic strategy for the Party to lead the people in governing the country, and the rule of law as the basic way of governing the country, and continuously advance the construction of a rule-of-law China.” Promoting high-quality development against the backdrop of building a rule-of-law China means that we must accelerate the construction of a rule-of-law economy and promote the deep integration of the socialist market economy with the construction of the rule of law. Specifically, this means bringing all links of production, distribution, circulation, and consumption into the orbit of the rule of law, and using legal thinking and legal methods to regulate and guide high-quality development.

习近平总书记指出：“我们必须坚持把依法治国作为党领导人民治理国家的基本方略、把法治作为治国理政的基本方式，不断把法治中国建设推向前进。”在法治中国建设大背景下推动高质量发展，意味着必须加快建设法治经济，推动社会主义市场经济与法治建设深度融合。具体而言，就是把生产、分配、流通、消费各环节都纳入法治轨道，运用法治思维和法治方式规范和引领高质量发展。

In the production link, legal methods are used to confirm and protect property rights, achieving equal protection for business entities. Production is the starting point of the economic cycle, and the rule of law activates factors of production and market vitality by strengthening property rights protection. The property rights system is the cornerstone of the market economy, directly affecting the allocation efficiency of factors of production, the intensity of incentives for innovation activities, and the future expectations of business entities. In the production link, the role of law in clearly defining property rights can both effectively prevent property rights from being infringed upon by other entities and help business entities clarify their rights boundaries and form reasonable expectations about policy trends and economic development. This will fully incentivize a wide range of business entities to engage in investment and transaction activities, thereby stimulating market vitality and potential. Currently, China has established and is continuously improving a property rights protection legal system with the Constitution as its core and legal norms such as the Civil Code as its foundation. For example, the Central Committee of the Communist Party of China and the State Council issued the "Opinions on Improving the Property Rights Protection System and Legally Protecting Property Rights" in 2016, adhering to the "Two Unswervinglies"[1]1 The "Two Unswervinglies" (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. and making important deployments for improving the property rights protection system and legally protecting property rights; the Private Sector Promotion Law took effect on May 20, 2025, for the first time codifying the adherence to the "Two Unswervinglies" as a legal system, stipulating that "the personal rights, property rights, and operational autonomy and other lawful rights and interests of private sector economic organizations and their operators are protected by law and shall not be infringed upon by any unit or individual"; and so on. Looking ahead, further improving relevant legal systems and consolidating the legal foundation for property rights will help achieve equal protection, complementary advantages, and common development for all forms of ownership economies, further encouraging state-owned enterprises to dare to act, private enterprises to dare to venture, and foreign enterprises to dare to invest.

在生产环节，以法治方式确认和保护产权，实现对经营主体的平等保护。生产是经济循环的起点，法治通过加强产权保护等激活生产要素和市场活力。产权制度是市场经济的基石，直接关系生产要素的配置效率、创新活动的激励强度以及经营主体的未来预期。在生产环节，发挥法律作用对产权进行清晰界定，既能够有效避免产权受到其他主体侵犯，也有助于帮助经营主体明确权利边界、形成关于政策走向和经济发展的合理预期。这将充分激励广大经营主体开展投资交易活动，进而激发市场活力和潜力。当前，我国以宪法为核心，以民法典等法律规范为依托的产权保护法律体系已经建立并不断完善。比如，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》，坚持“两个毫不动摇”，对完善产权保护制度、依法保护产权作出重要部署；民营经济促进法2025年5月20日起施行，首次将坚持“两个毫不动摇”明确为法律制度，规定“民营经济组织及其经营者的人身权利、财产权利以及经营自主权等合法权益受法律保护，任何单位和个人不得侵犯”；等等。面向未来，进一步完善相关法律制度、夯实产权的法治基础，有利于实现各种所有制经济平等保护、优势互补、共同发展，进一步促进国企敢干、民企敢闯、外企敢投。

In the distribution link, legal methods are used to determine distribution rules, balancing efficiency and fairness. Distribution is closely linked to incentive compatibility and social fairness. The rule of law can provide a stable, transparent, and predictable institutional framework for distribution activities, ensuring that the distribution process both stimulates market vitality and production efficiency and upholds social fairness and justice. Specifically, in primary distribution, the implementation of legal systems in areas such as property rights, contracts, and labor can protect the lawful income of workers from legitimate operations and honest labor, ensuring that various factors of production are evaluated by the market for their contribution and remunerated according to that contribution; in redistribution, the implementation of legal systems in areas such as taxation and social insurance can strengthen the government's regulatory function and capacity, standardize the use of public funds and the supply of public services, and enhance the universality and safety-net nature of social security; in tertiary distribution, improving legal systems including the Charity Law and the Public Welfare Donations Law, supporting rules in areas such as social organization management, information disclosure, and supervision, while aligning with the institutional arrangements of primary and secondary distribution, can ensure that tertiary distribution proceeds on a voluntary, transparent, and efficient track, promoting social fairness and serving the goal of common prosperity for all the people.

在分配环节，以法治方式确定分配规则，兼顾效率与公平。分配与激励相容、与社会公平紧密联系。法治可以为分配活动提供稳定、透明、可预期的制度框架，确保分配过程既激发市场活力与生产效率，又维护社会公平正义。具体来看，在初次分配中，物权、合同、劳动等方面法律制度的实施能够保护劳动者合法经营与诚实劳动所得，保障各类要素由市场评价贡献、按贡献决定报酬；在再分配中，税收、社会保险等方面法律制度的实施能够强化政府调节功能和力度，规范公共资金使用与公共服务供给，增强社会保障普惠性与兜底性；在第三次分配中，完善包括慈善法、公益事业捐赠法在内的法律制度，配套社会组织管理、信息公开与监管等领域的规则，同时衔接初次分配、再分配的制度安排，能够确保第三次分配在自愿、透明、高效的轨道上推进，促进社会公平，服务全体人民共同富裕的目标。

In the circulation link, legal methods are used to regulate market behavior and maintain fair competition. Circulation is the hub connecting production and consumption and is an important link in the operation of the market economy. In the circulation link, the rule of law establishes basic rules for transactions, clarifying principles such as voluntariness, equality, fairness, and good faith, setting bottom lines for market behavior. On the one hand, legally ensuring the full performance of contracts, punishing breaches of contract and dishonest behavior, promoting the functioning of the social credit system, and incorporating compliance with laws and contract performance into credit records can consolidate the cornerstone of market integrity, reduce institutional transaction costs, and provide legal guarantees for smoothing the economic cycle and maintaining fair competition. For example, the "Opinions on Promoting the High-Quality Development of the Social Credit System to Facilitate the Formation of a New Development Pattern" was issued and implemented, further leveraging the important role of credit in improving resource allocation efficiency, reducing institutional transaction costs, and preventing and mitigating risks, providing support and guarantees for enhancing the overall efficiency of the national economic system and promoting the formation of a new development pattern. On the other hand, the unity of national rule of law is used to guarantee the construction of a strong domestic market, legally strengthening supervision over market processes, effectively curbing unfair trading practices such as false advertising, forced transactions, and price fraud, and breaking down local protection and market segmentation. For example, in 2025, national procuratorial organs carried out special supervision over illegal cross-regional law enforcement and profit-driven law enforcement and judiciary, effectively safeguarding the legitimate rights and interests of enterprises and promoting strict law enforcement and fair justice. This helps to build a high-standard market system that is unified, open, competitive and orderly, with complete institutions and sound governance, consolidating the institutional foundation for high-quality development.

在流通环节，以法治方式规范市场行为，维护公平竞争。流通是连接生产与消费的枢纽，是市场经济运行的重要环节。在流通环节，法治确立交易的基本准则，明确自愿、平等、公平、诚实信用等原则，为市场行为划定底线。一方面，依法保障契约全面履行、惩治违约失信行为，推动社会信用体系发挥作用，将守法履约情况纳入信用记录，能够筑牢市场诚信基石，降低制度性交易成本，为畅通经济循环、维护公平竞争提供法治保障。比如，《关于推进社会信用体系建设高质量发展促进形成新发展格局的意见》印发实施，进一步发挥了信用对提高资源配置效率、降低制度性交易成本、防范化解风险的重要作用，为提升国民经济体系整体效能、促进形成新发展格局提供支撑保障。另一方面，以国家法治的统一性保障强大国内市场建设，依法强化对市场过程进行监督，有效遏制虚假宣传、强制交易、价格欺诈等不正当交易行为，破除地方保护和市场分割。比如，2025年全国检察机关开展违规异地执法和趋利性执法司法专项监督，有力维护企业合法权益，促进严格执法、公正司法。这有助于推动建成统一开放、竞争有序、制度完备、治理完善的高标准市场体系，夯实高质量发展的制度根基。

In the consumption link, legal methods are used to protect consumer rights and promote a virtuous economic cycle. Consumption, as the terminal link of the economic cycle, is both the ultimate purpose of production and the main driving force for economic growth. The quality of the consumption environment and the level of protection of consumer rights directly affect the release of domestic demand potential and the smoothness of the economic cycle. By further improving the legal system in key areas such as consumer rights protection, product quality, food safety, price regulation, and advertising integrity, perfecting rules in areas such as personal information protection, platform governance, and after-sales service, while strengthening the implementation and supervision of legal norms, the responsibilities of business entities can be strengthened, preventing behaviors such as fraud, forced transactions, and unfair clauses, and effectively protecting consumers' rights to know, choose, and fair trade. In short, legal guarantees in the consumption link will promote standardized operations by business entities, improve the quality of commodity supply, unblock bottlenecks in the economic cycle, and promote a virtuous cycle where demand drives supply and supply creates demand.

在消费环节，以法治方式维护消费者权益，推动经济良性循环。消费作为经济循环的终端环节，既是生产的最终目的，也是拉动经济增长的主要动力。消费环境的优劣、消费者权益的保障水平等，直接关系内需潜力释放与经济循环畅通。通过进一步完善消费者权益保护、产品质量、食品安全、价格监管、广告诚信等重点领域的法律体系，完善个人信息保护、平台治理、售后服务等方面的规则，同时加强法律规范的实施和监督，能够强化经营主体责任，防范欺诈、强制交易、霸王条款等行为发生，切实保障消费者知情权、选择权、公平交易权等。简言之，消费环节的法治保障将促进经营主体规范经营、提升商品供给质量、打通经济循环堵点，并且推动形成需求牵引供给、供给创造需求的良性循环。

Practical Pathways for Building a Law-Based Economy during the 15th Five-Year Plan Period[2]2 The 15th Five-Year Plan (十四五) period covers the years 2026-2030.

“十五五”时期推进法治经济建设的实践路径

Building a law-based economy and creating a sound legal environment for promoting high-quality development is both a practical pathway for coordinating development and security during the 15th Five-Year Plan period and a long-term strategy for achieving the 2035 Vision Goals[3]3 The 2035 Vision Goals are the long-term objectives set by the CPC for basically realizing socialist modernization by 2035. and advancing the modernization of the national governance system and governance capacity. The key to building a law-based economy and creating a sound legal environment for promoting high-quality development lies in adhering to systematic planning, coordinated efforts, and integrated advancement across all links of legislation, law enforcement, judiciary, and law-abidingness, embedding legal thinking and legal methods throughout all links and areas of high-quality development, and providing a fair, stable, and predictable legal environment for the operation of the socialist market economy.

建设法治经济、为推动高质量发展营造良好法治环境，既是“十五五”时期统筹发展和安全的现实路径，更是面向2035年远景目标、推进国家治理体系和治理能力现代化的长远大计。建设法治经济、为推动高质量发展营造良好法治环境，重点在于坚持立法、执法、司法、守法各环节系统谋划、协同发力、一体推进，将法治思维和法治方式贯穿于高质量发展各环节各领域，为社会主义市场经济运行提供公平、稳定、可预期的法治环境。

Improve legislation and perfect the legal system for the socialist market economy. General Secretary Xi Jinping pointed out: "Development must be high-quality, and legislation must also be high-quality. High-quality legislation should be used to guarantee and promote sustained and healthy economic development."[4]4 This quotation is from a speech by Xi Jinping. Since the New Era, under the strong leadership of the Party Central Committee, the legal system for the socialist market economy has been continuously improved and perfected. Currently, China's economy is at an important juncture of climbing a steep slope and overcoming difficulties in high-quality development. During the 15th Five-Year Plan period, adhering to the theme of promoting high-quality development, accelerating high-level scientific and technological self-reliance and self-strengthening, and developing new quality productive forces in light of local conditions urgently require a more mature, well-defined, systematic, complete, authoritative, and efficient legal system guarantee. It is necessary to focus on the needs of promoting the deep integration of scientific and technological innovation and industrial innovation, and promoting the optimization and upgrading of the economic structure, by strengthening legislation in key areas, emerging areas, and areas involving foreign affairs, accelerating the improvement of legal systems that reflect fairness in rights, opportunities, and rules, further incentivizing innovation and tolerating failure, and better promoting the growth and expansion of new quality productive forces.

完善立法，健全社会主义市场经济法律制度。习近平总书记指出：“发展要高质量，立法也要高质量。要以立法高质量保障和促进经济持续健康发展。”新时代以来，在党中央坚强领导下，社会主义市场经济法律制度不断健全完善。当前，我国经济正处在高质量发展爬坡过坎的重要关口。“十五五”时期坚持以推动高质量发展为主题，加快高水平科技自立自强，因地制宜发展新质生产力，迫切需要更加成熟定型、系统完备、权威高效的法律制度保障。要围绕推动科技创新和产业创新深度融合、促进经济结构优化升级等方面的需求，通过加强重点领域、新兴领域、涉外领域立法，加快完善体现权利公平、机会公平、规则公平的法律制度，进一步激励创新、包容失败，更好促进新质生产力发展壮大。

Standardize law enforcement, optimize a fair, efficient, and transparent market economy environment. Law enforcement is the key to the effective implementation of a law-based economy. Only by adhering to strict, standardized, fair, and civilized law enforcement, combining law enforcement with service, and integrating bottom-line maintenance with development promotion, can we effectively build a service-oriented law enforcement model characterized by “prevention first, minor offenses exempt from penalties, severe punishment for major violations, proportionality between penalty and fault, and post-case follow-up.” This will better achieve the organic unity of legal, social, and political effects in the law enforcement process, allowing business entities and the people to see clean and upright conduct in every law enforcement action and feel fairness and justice in every law enforcement decision. We must focus on key areas such as market order and the business environment, fair competition, intellectual property protection, financial regulation, protection of workers’ rights and interests, and the digital economy for precise law enforcement. We must severely crack down on various illegal and non-compliant behaviors such as unfair competition and infringement and counterfeiting, standardize law enforcement actions involving enterprises, strengthen law enforcement supervision in new fields and new business forms, prevent and correct illegal cross-regional law enforcement and profit-driven law enforcement, and maintain a fair competition, safe, and orderly market order through legal thinking and legal methods, making the rule of law a solid cornerstone for a good business environment.

规范执法，优化公正高效透明的市场经济环境。执法是法治经济落地见效的关键。坚持严格规范公正文明执法，坚持执法与服务相统一、守底线和促发展相结合，有效构建“预防为主、轻微免罚、重违严惩、过罚相当、事后回访”的服务型执法模式，才能更好在执法过程中实现法律效果、社会效果和政治效果的有机统一，让经营主体和人民群众在每一个执法行为中看到风清气正，从每一项执法决定中感受到公平正义。要重点围绕市场秩序与营商环境、公平竞争、知识产权保护、金融监管、劳动者权益保障、数字经济等重点领域精准执法，严厉打击不正当竞争、侵权假冒等各类违法违规行为，规范涉企执法行为，强化新领域新业态执法监管，防止和纠正违规异地执法、趋利性执法，通过法治思维和法治方式维护公平竞争、安全有序的市场秩序，让法治成为良好营商环境的稳固基石。

Impartial judiciary, ensure a standardized, fair, and stable market economic order. The core of the judiciary’s guarantee for a law-based economy is to protect rights, stop infringements, and stabilize expectations through impartial justice. We should give full play to the function of judicial trials in settling disputes and the guiding role of fair judgments, focus on major and difficult disputes in the economic field, hear various cases impartially, fairly, and efficiently in accordance with the law, clarify the boundaries of property rights protection, standardize transaction behavior, define competition rules, and guide business entities to enhance their awareness of the rule of law and abide by the spirit of contract. We must strengthen judicial protection of property rights and the rights and interests of entrepreneurs, prudently apply compulsory measures that restrict personal and property rights, strictly distinguish the boundaries between legitimate financing and illegal fundraising, property rights disputes and malicious encroachment, and individual property and enterprise legal person property, prevent economic disputes from being treated as crimes, prevent civil liability from being turned into criminal liability, improve the mechanism for effectively preventing, legally identifying, and correcting wrongful cases involving enterprises, and effectively solve problems such as selective law enforcement and “difficulty in enforcement” and “chaos in enforcement.” We must uphold and develop the “Fengqiao Experience” in the New Era [5]5 The “Fengqiao Experience” in the New Era refers to the contemporary development of a mass-line-based approach to grassroots social governance first pioneered in Fengqiao, Zhejiang Province in the 1960s, emphasizing the resolution of disputes at the local level through mediation and prevention., improve the working pattern of connecting and linking people’s mediation, administrative mediation, judicial mediation, and industry-specific professional mediation, and promote the organic connection, coordinated action, and effective functioning of various dispute resolution channels.

公正司法，保障规范公正稳定的市场经济秩序。司法对法治经济的保障，核心是通过公正司法保障权利、制止侵害、稳定预期等。应充分发挥司法审判的定分止争职能和公正裁判的导向作用，聚焦经济领域的重大疑难纠纷，依法公正高效审理各类案件，明确产权保护边界、规范交易行为、界定竞争规则，引导经营主体增强法治意识、恪守契约精神。强化产权和企业家权益的司法保护，审慎采用限制人身和财产权利的强制措施，严格区分正当融资与非法集资、产权纠纷与恶意侵占、个人财产与企业法人财产界限，防止将经济纠纷当作犯罪处理，防止将民事责任变为刑事责任，健全有效防范、依法甄别纠正涉企冤错案件机制，切实解决选择性执法以及“执行难”“执行乱”等问题。坚持和发展新时代“枫桥经验”，健全人民调解、行政调解、司法调解、行业性专业性调解衔接联动的工作格局，推动各类纠纷化解渠道有机衔接、协同联动、发挥实效。

Law-abiding by all citizens, cultivate law-abiding and trustworthy business entities. Enterprises and other business entities interact with various parties and mobilize various resources such as personnel, finance, and materials. Law-abiding operation is a principle that must be observed. Whether it is a public-owned enterprise or a non-public-owned enterprise, it must operate in accordance with the law, manage the enterprise according to the law, and protect rights through the law. The legal bottom line cannot be breached. Illegal things such as tax evasion and fraud, smuggling and trafficking, and manufacturing and selling counterfeit goods must never be done. Unscrupulous things such as cutting corners, giving short weight or measure, and offering poor quality at high prices must never be done. We must persist in making universal legal education and law-abiding behavior a long-term basic task of law-based governance, take effective measures to strengthen publicity and education, strive to foster a social atmosphere where respecting, studying, abiding by, and applying the law becomes common practice, and further enhance the legal awareness of business entities. At the same time, we must strengthen the spirit of contract and the concept of abiding by contracts among business entities, give play to the exemplary role of entrepreneurs in abiding by the law and being trustworthy, and drive the improvement of the legal literacy and level of civilization of the whole society.

全民守法，培育守法诚信的经营主体。企业等经营主体同方方面面打交道，调动人、财、物等各种资源，守法经营是必须遵守的原则。不管是公有制企业还是非公有制企业，都要做到依法经营、依法治企、依法维权，法律底线不能突破，偷税漏税、走私贩私、制假贩假等违法的事情坚决不做，偷工减料、缺斤短两、质次价高的亏心事坚决不做。要坚持把全民普法和守法作为依法治国的长期基础性工作，采取有力措施加强宣传教育，努力使尊法学法守法用法在全社会蔚然成风，进一步增强经营主体的法治意识。同时，强化经营主体的契约精神、守约观念，发挥企业家守法诚信的表率作用，带动提升全社会的法治素养和文明程度。

(The author is a Distinguished Research Fellow of the Research Center for Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era at the Central Party School (National Academy of Governance))

（作者为中央党校（国家行政学院）习近平新时代中国特色社会主义思想研究中心特约研究员）