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 'Promotion Law for Private Economy'? (II)", we intuitively felt how to use this law to solve practical pain points and problems for private enterprises through three typical scenarios encountered by private enterprise boss Wang, including administrative penalties, credit repair and enterprise rebirth, and protection of reputation rights and interests.

Today, let's talk about three typical scenarios and see what kind of protection this law can bring to private enterprises.

Scenario 7: Norms for Law Enforcement in Remote Areas

Mr. Wang was recently called for questioning by a police officer from another city, and his company account has also been frozen by the police officer from another city. So, Mr. Wang sought help from Lawyer Li.

Li Lv: Mr. Wang, don't worry for now. Let me ask first, do you have any business or contacts in the local area?

Mr. Wang: Our company's goods are being sold locally, but the local police asked me about it. It seems to be related to this. The money in our company's account has also been frozen by them and they said they want to deduct it.

Li Lv: Mr. Wang, according to Article 64 of the Law on the Promotion of Private Economy and the provisions of the "Six Prohibitions on Cross regional Case Handling Cooperation by Public Security Organs", if non local public security organs want to question us or freeze enterprise assets, they must go through cooperation procedures in accordance with the law and cooperate with our local public security organs. They cannot come directly. They can only enforce the law when they are truly under their jurisdiction and have legitimate reasons, and cannot trouble us for economic interests; Moreover, they can only do things within the scope permitted by law and cannot exceed their authority.

Mr. Wang: What should we do then?

Li Lv: You can request the public security in other places to provide legal law enforcement evidence and procedures. If we find any illegal or unreasonable enforcement actions, we can apply for administrative reconsideration or file an administrative lawsuit through legal channels to safeguard the legitimate rights and interests of the enterprise.

Mr. Wang: Okay, Lawyer Li, could you please help us prepare the relevant materials and raise objections to the local public security bureau.

Li Lv: If necessary, complaints and reports can be made to relevant departments; The country is currently promoting the establishment and improvement of a mechanism for handling complaints and reports of administrative law enforcement violations, and accepting reports of law enforcement violations involving enterprises.

Mr. Wang: Okay, if they ignore me, please help me prepare the complaint materials.

Legal Tips

Article 64 of the Law on the Promotion of Private Economy regulates law enforcement actions in different regions, requiring law enforcement agencies to strictly comply with legal conditions and procedures. In addition, the provisions of the "Six Prohibitions on Cross County Case Handling Cooperation by Public Security Organs" clearly require that if public security organs want to summon, detain, arrest, seal up, detain, or freeze cases across counties and above administrative regions, they must fulfill cooperation procedures and contact and cooperate with local public security organs.

Scenario 8: Law Enforcement Norms and Enterprise Operation Guarantee

Mr. Wang's company has recently been requested by local government departments to assist in the investigation, but during the investigation, some measures have seriously affected the normal operation of the company.

Mr. Wang: Lawyer Li, our company has recently been requested to assist in the investigation, but during the investigation, some of their actions have seriously affected our normal operations, and even prevented our employees from leaving, which has left us helpless.

Li Lv: Mr. Wang, according to Article 60 of the Law on the Promotion of Private Economy, when government departments investigate enterprises or require enterprises to assist in the investigation, they should avoid or reduce obstacles to the normal operation of enterprises. If they want to restrict personal freedom, they must strictly abide by the law.

Mr. Wang: What should we do then?

Li Lv: You can request the investigating agency to provide legal enforcement evidence and procedures. If we find that the law enforcement behavior exceeds the reasonable scope, we can report the situation to their superior authorities or disciplinary inspection and supervision departments, and request them to supervise and correct it.

Mr. Wang: Okay, Lawyer Li. Could you please help us prepare the relevant materials and report the situation to the relevant departments.

Li Lv: In addition, we can also consider filing an administrative reconsideration or administrative lawsuit according to the situation.

Legal Tips

According to Article 60 of the Law on the Promotion of Private Economy, government departments are required to regulate their law enforcement behavior in accordance with the law during the enforcement process, in order to avoid unnecessary impact on the normal operation of private enterprises; Measures that restrict personal freedom must be strictly implemented in accordance with the law.

Scenario 9: Fair handling of economic disputes

Mr. Wang's company had an economic dispute with a supplier, and the other party attempted to resolve the issue through criminal means, which left Mr. Wang feeling very confused and helpless. He sought help from Lawyer Li.

Li Lv: Mr. Wang, according to Article 63 of the Private Economy Promotion Law, public security organs must strictly distinguish between economic disputes and economic crimes when handling cases, and cannot intervene in economic disputes through administrative or criminal means. If there is no crime, does not constitute a crime, or if there is a situation where criminal responsibility is not pursued according to law, then criminal responsibility should not be pursued.

Mr. Wang: What should we do then?

Li Lv: You can explain the situation to the public security organs and request them to handle it in accordance with the law to avoid criminal intervention in economic disputes. At the same time, we can also protect your legitimate rights and interests through civil litigation.

Mr. Wang: What specific materials do you need to prepare?

Li Lv: We can prepare a detailed written explanation, stating the nature and facts of the dispute, and attaching relevant evidence materials such as contracts, transaction records, and correspondence. At the same time, we can also file a civil lawsuit with the court to demand that the other party fulfill contractual obligations and compensate for losses.

Mr. Wang: Okay, Lawyer Li, could you please help us prepare the relevant materials.

Li Lv: Also, if the public security organs forcefully intervene in economic disputes through criminal means, we can definitely file complaints and reports to the relevant departments.

Article 63 of the Law on the Promotion of Private Economy explicitly prohibits the use of administrative or criminal means to illegally intervene in economic disputes, and requires strict differentiation between economic disputes and economic crimes. If your company encounters unfair treatment in economic disputes, it is recommended to protect its own rights through legal means and avoid unnecessary legal risks.

conclusion

The above are the seventh to ninth 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!