The judicial department in Nanjing has strengthened service awareness and optimized service measures to create a stable, fair, and transparent legal business environment for the development of private enterprises, and to assist their development.
In recent years, courts in Nanjing have accepted an increasing number of corporate dispute cases, and private enterprises involved in litigation generally hope to receive equal protection, reduce the cost of rights protection, and avoid litigation risks.
The courts in Nanjing have successively introduced 10 measures to strengthen the judicial protection of property rights and the rights and interests of entrepreneurs, 20 implementation rules to support the healthy development of the private economy, and guidelines for enterprise property preservation procedures. They have standardized the application of mandatory measures related to property rights, strictly preventing enterprises from losing control due to mandatory measures, and ensuring that entrepreneurs can focus on entrepreneurship, invest with confidence, and operate with peace of mind.
“The Guidelines for Enterprise Property Preservation Procedures address the property preservation issues that are of widespread concern to private enterprises. When dealing with the issue of property preservation, we should not only consider the realization of the plaintiff's right to win the lawsuit as the applicant, so as to ensure that they win the lawsuit but not lose money and time, but also consider how to reduce the impact on their production and operation when the respondent's property account is frozen or means of production is confiscated. For this reason, we will take the measures of ‘open seal’ and ‘loose buckle’, forbidding enterprises to transfer the ownership of the relevant means of production, but allowing them to continue to use them. We hope to better safeguard the legitimate rights and interests of both parties in the litigation”, Zhou Ye, President of the Second Civil Division of Nanjing Municipal Court, said.
