Professor Sun Xianzhong: Adhering to the Equal Protection of Property Right for State-Owned Enterprises and Private Enterprises

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Currently, because of unequal treatments provided by law to state-owned enterprises (SOEs) and private enterprises and the related judicial and law enforcement mechanisms, the gap in the protection of property right between SOEs and private enterprises is widening in China. In September 2016, the Leading Group on Comprehensively Deepening Reforms of the CPC Central Committee adopted at its 27th meeting the Opinions on Improving the Property Rights Protection System and Protecting Property Right in accordance with Law, which makes comprehensive arrangement for improving the property right protection system and bringing the protection of property right under the rule of law. On November 6, 2016, the Forum on the Equal Protection of Property Right of Private Enterprises in China, organized by Beijing King & Capital Law Firm, was held in Beijing. The forum was attended by a number of prominent scholars, lawyers and entrepreneurs in China, including Professor Sun Xianzhong, a senior research fellow of CASS Law Institute, who carried out in-depth discussions on how to promote the implementation of the Opinions. At the Forum, Professor Sun Xianzhong pointed out that currently China is in the process of codification of civil law and discussion on the legal protection of property right. The core issue in the protection of private sector of the economy is the improvement of the system of protection of property right for private enterprises. In this process, China must adhere to the principle of equal protection of property right of SOEs and private enterprises. First of all, private enterprises must be recognized as a part of the socialist economy. They are playing an important role in the economic and social development and making great contribution to the promotion of employment and social harmony and stability in the country. Secondly, the government must provide private enterprises more support in terms of legal safeguards and establish mechanisms in the fields of litigation and law enforcement to ensure that they enjoy equal protection when their property right is infringed upon.