SPC releases guidelines on adjudication of enterprise-related cases

(english.court.gov.cn)      Updated : 2025-05-14

The Supreme People's Court has issued guidelines on regulating the adjudication of enterprise-related cases and judgment enforcement thereof, as part of judicial efforts to promote the building of a law-based business environment and support high-quality development.

The guidelines emphasize the equal protection of property rights and business autonomy for businesses across all forms of ownership, reaffirming the commitment to treating all market entities on an equal basis. Courts at all levels are instructed to safeguard lawful business rights while ensuring that violations of the law are appropriately punished, maintaining fairness and consistency in judicial practice.

A major focus of the guidelines is the strict distinction between economic disputes and criminal offenses. The guidelines underscore the importance of adhering to fundamental legal principles, such as equality before the law and the presumption of innocence. Clear differentiation needs to be made between disputes arising from lawful commercial activities — such as contract performance, financing, and business restructuring — and criminal conduct. The guidelines also caution against the misuse of administrative or criminal measures to interfere in handling of economic disputes as well as unlawful cross-jurisdictional and profit-driven law enforcement practices.

In addition, the guidelines address the need to regulate case filing and jurisdiction to prevent local protectionism, ensure prudent application of enforcement measures like asset freezes to minimize disruption to business operations, and guarantee fair adjudications in civil disputes involving enterprises. Proper handling of the recovery and disposal of assets involved in litigation is also emphasized in the guidelines to lawfully protect corporate property rights.

The guidelines also urge courts at all levels to enhance the role of judgments in judicial regulation, protection, and guidance, consolidating foundations, stabilizing expectations, and contributing to China's high-quality development and modernization efforts with the rule of law.