Private firms in China are in a “precarious” situation as debt-ridden local governments increasingly seek to boost earnings through harsh criminal law enforcement, lawyers and observers have warned.
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The latest such case, involving a businessman based in eastern Shandong province, has sparked fresh worries despite Beijing’s repeated pledges to foster a supportive legal environment for small- and medium-sized enterprises (SMEs).
The businessman was owed 230 million yuan (US$32.3 million) for a government-backed construction project in southern Guizhou province. However, a Guizhou court in September charged him with criminal contract fraud and other unlawful acts and sentenced him to 19 years in prison.
The ruling compounded concerns that local authorities were using unduly harsh legal action targeting businesses elsewhere to ease the debt situation, pressuring firms to write-off government debts or imposing stiff fines to boost coffers.
The tendency for such cross-regional prosecutions has “been intensifying”, according to a Beijing-based legal expert who did not wish to be identified because of the sensitivity of the matter.
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“Entrepreneurs in China now find themselves in an extremely precarious situation”, which has triggered “a sense of despair and fear”, the expert said.