The Notice of SPC on Fully Using Its Judicial Role to Offer a Sound Legal Environment for Entrepreneurs in Innovation and Startup

No.: SPC [2018] 1

Date issued: December 29, 2017

The high people’s courts of various provinces, autonomous regions and municipalities directly under the central governments, PLA Military Court and Production and Construction Corps branch of Xinjiang Uygur Autonomous Region High People's Court:

On September 8, 2017, the State Council released Opinions about Creating Sound Environment for Entrepreneurs and Promoting Entrepreneurship to Better Play A Role as Entrepreneurs (hereinafter referred to as “the Opinions”), as an important measure to push forward the supply-side structural reform, implement the strategy of innovation-based development and enhance the sustained, stable and healthy economic development. In order to carry out the gist of the 19th CPC National Congress and the requirements of the Opinions, give a full play to the judicial functions and role, protect the legitimate rights and interest of entrepreneurs in accordance with the laws and based on the principle of equity and create sound legal environment for the entrepreneurs in innovation and startup, the framework of the Notice covers the following aspects:

I. Deepen understanding about the significance of equally protecting the legitimate rights of entrepreneurs in line with law.

II. Protect the personal freedom and property rights of entrepreneurs pursuant to the law.

III. Protect the legitimate rights of honest entrepreneurs in accordance with the law.

IV. Protect the IPRs of entrepreneurs in accordance with the law.

V. Protect the autonomous rights of entrepreneurs in accordance with the law.

VI. Strive to ensure rights and interests of entrepreneurs in legal proceedings.

VII. Rectify the unjust and misjudged cases related to property rights of enterprises.

VIII. Continuously improve the legal policies for the protection of entrepreneurs’ legitimate rights and interests.

IX. Push forward the creation of good social environment for ensuring the legitimate rights and interests of entrepreneurs.

X. Enhance the awareness of entrepreneurs in protecting their own rights and interests and doing business in accordance with the laws.

The People’s Courts at various levels should enhance their organization and leadership and make the pertinent work plans to put in place their work on protecting the legitimate rights and interests of entrepreneurs.