Guangzhou Private Enterprise Complaint Center visited Yunde Institute to investigate the countermeasures of property rights protection of private enterprises
On the afternoon of July 17, 2019, Zheng Leiwei, director of the Guangzhou Private Enterprise Complaint Center, deputy director He Chen, and deputy researcher Hu Jiping visited the Guangdong Yunde Law Firm to give special lectures on the status quo and countermeasures of property rights protection of private enterprises in Guangzhou. Research. Mr. Lin Zhiming, Director of the Management Committee of Yunde, Mr. Zhang Hui, Director of Yunde Institute, Mr. Huang Luqing, Secretary of the Party Branch, Chen Feng, Lin Xin, and others warmly received the visitors.
After Director Zheng Leijun briefly introduced the main duties and investigation tasks of the Guangzhou Private Enterprise Complaint Center, the lawyers of Yunde Institute used their practical experience and applied their professional knowledge to put forward opinions or suggestions on the status quo of private enterprise property rights protection.
☆Lin Zhiming Lawyer
——The development of private enterprises is often interfered by the external environment, the most important of which is the involvement of public power in civil disputes. One case was once a dispute between two shareholders. Later, due to the intervention of public power, one of the shareholders who were mainly responsible for the company’s business affairs was investigated and investigated, and criminal coercive measures were taken. The company’s development suddenly fell into a predicament, leading to social instability. Therefore, it is hoped that the society or the judiciary will be able to give private enterprises all-round protection, which will enable them to enter the market with equal and confidence.
☆ Zhang Hui lawyer
—— At present, the society is more focused on the protection of private enterprises in civil and commercial rights, while ignoring the issue of criminal risks, specifically:
(1) There is no good distinction between illegality and crime. In the criminal cases of private enterprises, as long as the legal representative or the chairman of the company has an accident, the public security organs generally tend to be criminal cases, and the company’s leaders will take criminal enforcement measures and seize some assets of the enterprise. This may make Enterprises are not good at business and face bankruptcy;
(2) Some administrative actions of the government have not actually considered the historical problems and current status of private enterprises, and their behavior may lead to difficulties in the development of private enterprises.
Therefore, I hope that the government can give some preferential policies to private enterprises and take criminal enforcement measures for private entrepreneurs.
☆ Huang Luqing lawyer
— The state is paying more and more attention to the protection of private enterprises. On June 23, 2019, the Higher People’s Court of Guangdong Province issued ten typical cases of service to protect the healthy development of private enterprises. The typical case of protecting private enterprise business resources, protecting private enterprises’ prior rights and prudently applying mandatory measures is the first release.
In view of the current development difficulties of private enterprises and the status quo of the judiciary, first, criminal enforcement measures should be taken cautiously for private entrepreneurs. Second, training on intellectual property rights should be strengthened to raise the legal awareness of intellectual property protection among all citizens. For example, strengthen the intellectual property training for the staff of the enterprise or the staff of the relevant functional departments.
☆ Chen Feng lawyer
– for new ways or means infringing the current advent of the Internet, the judiciary may not be able to follow, it is desirable to establish public security and other judicial linkage mechanism to regularly propose solutions for new ways or supporting the establishment of infringement of laws and regulations.
☆ Lin Xin lawyer
—— Private entrepreneurs are an important force to revitalize the market. However, from the cases I have handled, most private enterprises have found that their legal awareness is weak. Therefore, it is necessary to strengthen the legal awareness of private enterprises and prevent civil and criminal risks early.
☆ Huang Hao Lawyer
——The Federation of Industry and Commerce is an important force to protect private enterprises. Therefore, it is necessary to improve the political status of the Guangzhou Federation of Industry and Commerce and increase its right to speak.
☆He Qianli Lawyer
——The development of private enterprises is a slow process. It is very difficult to grow and grow. Its factories and land are important assets. However, due to historical problems, some problems will arise. For example, some private enterprises have not obtained the leased land in the urban-rural integration department. Relevant proofs, I hope that some policies implemented by the government can fully consider the growth background of private enterprises and cannot be across the board.
(Director Zheng and his team listened carefully to the professional opinions of lawyers)
Director Zheng Leizhen listened carefully to the opinions and opinions of the lawyers of Yunde, and expressed gratitude to the lawyers of our institute for treating the survey carefully and actively expressing opinions and suggestions. He believed that the survey had gained a lot.
In the final summary, Director Zheng said that through the case sharing of lawyers, it is more difficult to recognize that the growth of private enterprises is very difficult. The development of private enterprises needs government policies and sound laws and regulations to support them. They will also carefully consider the above issues, and hope that The party branch established by us has been built in pairs, led by party building, and deeply cooperated to contribute to the healthy development of private enterprises in Guangzhou.
(After the investigation, both parties took a group photo)