How can private enterprises solve development problems after the implementation of the Private Economy Promotion Law? (II)
2025 05/20
On April 30, 2025, the Private Economy Promotion Law was officially released and implemented on May 20, 2025. The promulgation of this law has brought unprecedented development opportunities and guarantees for private enterprises, and injected strong impetus into the high-quality development of the private economy.
In the previous article "How can private enterprises solve development problems under the 'Private Economy Promotion Law'? (Part 1)" (click to view), we intuitively felt how this law safeguards the private economy and how professional lawyers help enterprises overcome challenges through three typical scenarios: financing difficulties, unequal competition, and innovative development encountered by private enterprises.
Today, let's talk about three other typical scenarios.
Scenario 4: Fair and reasonable administrative penalties
Mr. Wang's company was punished by the local government department for some minor issues during its operation, but Mr. Wang felt that the punishment was too heavy and unreasonable. He sought help from Lawyer Li.
Li Lv: Mr. Wang, according to Article 51 of the Law on the Promotion of Private Economy, the punishment for private enterprises must be treated fairly like other enterprises, and the severity of the punishment will also be determined based on the specific illegal situation, and should not be arbitrarily increased.
Mr. Wang: What should we do then?
Li Lv: You can raise an objection to the punishment authority and request them to re-examine the punishment decision. If the problem cannot be resolved, we can apply for administrative reconsideration or file an administrative lawsuit through legal channels to safeguard the legitimate rights and interests of the enterprise.
In addition, if your situation is subject to lighter, mitigated, or no punishment as stipulated in the Administrative Penalty Law, you should also report it to the punishment authority and have them comply with the regulations.
Mr. Wang: Alright, Lawyer Li, could you please help us prepare the relevant materials and raise objections to the punishment authorities.
Legal Tips:
Article 51 of the Law on the Promotion of the Private Economy requires that the punishment for illegal acts committed by private enterprises should be commensurate with the severity of the offense; If there are statutory circumstances of leniency, reduction or non punishment, then follow its provisions.
Scenario 5: Credit Restoration and Enterprise Rebirth
Mr. Wang's company has been included in the dishonesty list in the past due to some issues, which seriously affected the normal operation of the company. Mr. Wang will find Lawyer Li and see if there is any good solution.
Li Lv: Mr. Wang, according to Article 54 of the Law on the Promotion of Private Economy, if an enterprise accidentally breaches its trust but later corrects its mistake and meets legal requirements, it can apply for credit repair. The relevant departments will lift the punishment measures for breach of trust in accordance with the law and restore the enterprise's credit.
Mr. Wang: What should we do then?
Li Lv: You can submit a credit repair application to the relevant credit management department and provide proof that the dishonest behavior has been corrected. We will assist you in preparing relevant materials to ensure a smooth application process.
Scenario 6: Protection of Reputation Rights and Interests
Mr. Wang's company has always had a good reputation in the market, but recently it has been attacked by online rumors, and some false information has seriously damaged the reputation of the company. Mr. Wang was very anxious about this and sought help from Lawyer Li.
Li Lv: Mr. Wang, according to Article 59 of the Law on the Promotion of Private Economy, no one is allowed to maliciously damage the reputation, honor, privacy, and personal information of private enterprises online. Online platforms should also strengthen management and promptly handle these illegal information.
Mr. Wang: What should we do then?
Li Lv: Firstly, we can collect relevant evidence, including network screenshots, videos, etc., and then complain to the online platform, requesting them to delete false information. At the same time, we can also report to the public security organs and demand that they handle it in accordance with the law. If the infringement causes actual losses, we can also file a civil lawsuit with the court, demanding that the infringer stop the infringement, eliminate the impact, restore reputation, and compensate for the losses.
Mr. Wang: Lawyer Li, could you please help us prepare the relevant materials and take action as soon as possible.
Legal Tips:
Article 59 of the Law of the People's Republic of China on the Promotion of Private Economy clearly prohibits the use of the Internet and other channels to infringe upon the legitimate rights and interests of private enterprises.
Conclusion
The above are the fourth to sixth scenarios. For more exciting content, let's break it down next time. Stay tuned!
If you encounter any problems in your business process, please feel free to consult a professional lawyer at any time. We will provide you with comprehensive legal services to help your enterprise develop!
In the previous article "How can private enterprises solve development problems under the 'Private Economy Promotion Law'? (Part 1)" (click to view), we intuitively felt how this law safeguards the private economy and how professional lawyers help enterprises overcome challenges through three typical scenarios: financing difficulties, unequal competition, and innovative development encountered by private enterprises.
Today, let's talk about three other typical scenarios.
Scenario 4: Fair and reasonable administrative penalties
Mr. Wang's company was punished by the local government department for some minor issues during its operation, but Mr. Wang felt that the punishment was too heavy and unreasonable. He sought help from Lawyer Li.
Li Lv: Mr. Wang, according to Article 51 of the Law on the Promotion of Private Economy, the punishment for private enterprises must be treated fairly like other enterprises, and the severity of the punishment will also be determined based on the specific illegal situation, and should not be arbitrarily increased.
Mr. Wang: What should we do then?
Li Lv: You can raise an objection to the punishment authority and request them to re-examine the punishment decision. If the problem cannot be resolved, we can apply for administrative reconsideration or file an administrative lawsuit through legal channels to safeguard the legitimate rights and interests of the enterprise.
In addition, if your situation is subject to lighter, mitigated, or no punishment as stipulated in the Administrative Penalty Law, you should also report it to the punishment authority and have them comply with the regulations.
Mr. Wang: Alright, Lawyer Li, could you please help us prepare the relevant materials and raise objections to the punishment authorities.
Legal Tips:
Article 51 of the Law on the Promotion of the Private Economy requires that the punishment for illegal acts committed by private enterprises should be commensurate with the severity of the offense; If there are statutory circumstances of leniency, reduction or non punishment, then follow its provisions.
Scenario 5: Credit Restoration and Enterprise Rebirth
Mr. Wang's company has been included in the dishonesty list in the past due to some issues, which seriously affected the normal operation of the company. Mr. Wang will find Lawyer Li and see if there is any good solution.
Li Lv: Mr. Wang, according to Article 54 of the Law on the Promotion of Private Economy, if an enterprise accidentally breaches its trust but later corrects its mistake and meets legal requirements, it can apply for credit repair. The relevant departments will lift the punishment measures for breach of trust in accordance with the law and restore the enterprise's credit.
Mr. Wang: What should we do then?
Li Lv: You can submit a credit repair application to the relevant credit management department and provide proof that the dishonest behavior has been corrected. We will assist you in preparing relevant materials to ensure a smooth application process.
Mr. Wang: Okay, Lawyer Li. Could you please help us prepare the relevant materials and submit the application to the credit management department.
Legal Tips:
Scenario 6: Protection of Reputation Rights and Interests
Mr. Wang's company has always had a good reputation in the market, but recently it has been attacked by online rumors, and some false information has seriously damaged the reputation of the company. Mr. Wang was very anxious about this and sought help from Lawyer Li.
Li Lv: Mr. Wang, according to Article 59 of the Law on the Promotion of Private Economy, no one is allowed to maliciously damage the reputation, honor, privacy, and personal information of private enterprises online. Online platforms should also strengthen management and promptly handle these illegal information.
Mr. Wang: What should we do then?
Li Lv: Firstly, we can collect relevant evidence, including network screenshots, videos, etc., and then complain to the online platform, requesting them to delete false information. At the same time, we can also report to the public security organs and demand that they handle it in accordance with the law. If the infringement causes actual losses, we can also file a civil lawsuit with the court, demanding that the infringer stop the infringement, eliminate the impact, restore reputation, and compensate for the losses.
Mr. Wang: Lawyer Li, could you please help us prepare the relevant materials and take action as soon as possible.
Legal Tips:
Article 59 of the Law of the People's Republic of China on the Promotion of Private Economy clearly prohibits the use of the Internet and other channels to infringe upon the legitimate rights and interests of private enterprises.
Conclusion
The above are the fourth to sixth scenarios. For more exciting content, let's break it down next time. Stay tuned!
If you encounter any problems in your business process, please feel free to consult a professional lawyer at any time. We will provide you with comprehensive legal services to help your enterprise develop!
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