The seminar on "Optimizing the Rule of Law Business Environment - New Tasks in the New Era" was held-瞭望新时代网

The seminar on "Optimizing the Rule of Law Business Environment - New Tasks in the New Era" was held

2024-06-12

Recently, with the theme of "Optimizing the Rule of Law Business Environment - New Era and New Tasks", a seminar on "Optimizing the Rule of Law Business Environment - New Era and New Tasks" was held in Shanghai, hosted by Shanghai University of Political Science and Law and hosted by the School of Economics and Law of Shanghai University of Political Science and Law. Li Fucheng, Deputy Director of the Comprehensive Rule of Law Research Center of the Ministry of Justice, Ding Zunian, Vice President of the Legislative Law Research Association of the China Law Society and member of the Zhejiang Provincial People's Government Advisory Committee, and Wang Beihuan, Secretary of the Party Committee of Wenzhou Kean University, attended and delivered keynote speeches. Bao Jingjing, General Manager of Commercial Press (Shanghai) Co., Ltd., Li Xu, Director of Lianggao (Shanghai) Law Firm, Fang Jianliang, Executive Director of Shanghai Yemabang Law Firm, and Yang Chaohu, Lawyer of Shanghai Yemabang Law Firm, delivered keynote speeches from a practical perspective on optimizing the legal business environment. Zhang Lin from the School of Marxism at Shanghai University, Liu Xinhui and Shu Jingyi from the School of Economics and Law at Shanghai University of Political Science and Law, Wang Na and Huang Jiajia from the Political and Legal Teaching and Research Department of the Central Party School (National School of Administration), and Tang Chen from the School of Law at East China University of Political Science and Law delivered speeches. Professor Zhang Youde from Shanghai University of Political Science and Law serves as the commentator, while Hu Rong'en, Dean of the School of Economics and Law at Shanghai University of Political Science and Law, serves as the host. The report of the 20th National Congress of the Communist Party of China emphasizes the need to create a market-oriented, legal, and internationalized first-class business environment, which indicates that optimizing the legal business environment has become a new task in creating a first-class business environment in the new era. In recent years, the process of optimizing the rule of law based business environment in China has been further accelerated, and effective explorations have been carried out across the country in combination with local specific situations. With the promulgation of the "Regulations on Optimizing the Business Environment" and local regulations on optimizing the business environment in various regions, China's legal system for the business environment is gradually improving, and the work of optimizing the legal business environment has entered a new stage. The core theme of this seminar is "Optimizing the Rule of Law Business Environment in the New Era and New Tasks", and the new tasks of optimizing the rule of law business environment in the new era will be discussed from three aspects: legislation, government, and market. Regarding the research on optimizing the legislative direction of the rule of law for business environment, in terms of optimizing the legislative supply of the rule of law for business environment, China's legal system currently presents a "central local" legislative binary structure with the "Regulations on Optimizing the Business Environment" as the lead and the local regulations on optimizing the business environment as supplements. In addition, it also includes a large number of laws and regulations that are not named after the business environment but are closely related to the business environment. Zhang Lin proposed that legislation in the field of private economy in China after the reform and opening up can be broadly divided into three categories: "recognition type", "management type", and "promotion type". In the future, legislation in the field of private economy should develop towards an "incentive type" legislative model, because "promotion type" legislation has already encountered significant practical challenges in the current demand. Ding Zunian discussed local legislation in the context of optimizing the business environment, believing that the current problems in the business environment are mainly not legislative issues, let alone local legislative issues. The economic downturn, the problems faced by private enterprises such as glass doors, spring doors, and revolving doors, and the division between central and local powers cannot be solved by local legislation. However, from the perspective of local legislation in optimizing the business environment nationwide, there are indeed problems where legislation cannot solve practical problems. Legislation only pursues comprehensiveness, comprehensiveness, and systematization, legal norms are principled, abstract, and humanized, policies and regulations lack coordination, administrative agencies do not take action, and local policies and regulations for optimizing the business environment tend to be formalized. Therefore, it is necessary to strengthen problem awareness and highlight problem orientation; Advocate for unidirectional and miniaturized legislative forms; The design of legal norms strives for refinement and rigidity; Strengthen the path regulation for cracking stubborn business environment issues; Create innovative requests for accountability and correction of government inaction and delayed actions; Strengthen the synergy of regulations and policies. Shu Jingyi analyzed the current situation, difficulties, and countermeasures of cross-border rules for data in free trade zones. The lack of mutual recognition mechanisms, unclear data cross-border circulation models, and lack of regulations for in-process supervision and post relief are the difficulties faced by cross-border data circulation in free trade zones. She proposed corresponding countermeasures, such as determining regulatory agencies, strengthening in-process and post supervision, and relying on the institutional advantages of free trade zones themselves to build systems for in-process supervision and post relief. Research on Optimizing the Rule of Law Business Environment for the Government: To optimize the rule of law business environment, on the one hand, it requires the government to streamline administration and delegate power to avoid excessive intervention of public power in the market. On the other hand, it also requires the government to actively fulfill its corresponding powers and responsibilities, creating a healthy and orderly, pro business, pro business, and pro business legal business environment for the market. Starting from China's four fundamental advantages in international competition, Li Fucheng put forward four suggestions on how to do a good job in the research of a legal business environment in the new era, namely adhering to a reform oriented approach, drawing on the methodology of the World Bank, strengthening the orientation of industrial development, and promoting research transformation. Based on Shanghai being the vanguard of reform and opening up, the core engine of Yangtze River Delta integration, and a key hub in the new development pattern of domestic and international dual circulation, the future optimization of Shanghai's business environment can start from four aspects: developing new quality productivity, urban renewal of the business environment, Yangtze River Delta integration, and domestic and international dual circulation. Liu Xinhui takes the "Zibo Barbecue" phenomenon as an example to explore the path of the rule of law business environment in internet famous cities under the perspective of the "streamlining administration and delegating powers" reform in Zibo City, Shandong Province. The arrival of the Internet era has brought great opportunities and challenges to the construction of the urban business environment. The needs of people's livelihood are the foundation of the construction of the business environment, fairness and integrity are the core of the construction of the business environment, and streamlining administration and delegating power is the law of the construction of the business environment. Wang Na and Huang Jiajia believe that there are currently problems with insufficient standardization at the level of performance basis, weakened supervision and constraints at the level of performance subjects, and a single way of resolving performance disputes in regional administrative agreements. Therefore, a basic framework for regional administrative agreements should be established to strengthen the subject supervision of regional administrative agreements and enrich the ways of resolving disputes in the performance of regional administrative agreements. Research on optimizing the market orientation of the legalized business environment The business environment of a region is not the the final say of the administrative organ of the region, but depends on whether the region has formed a benign interaction between government and business for a long time. The government and enterprises act in accordance with the law, and jointly participate in, build and develop the legalized business environment. Among them, the market is the main battlefield for optimizing the legal business environment, and protecting the legitimate rights and interests of market entities and operating them in accordance with laws and regulations is an important focus for optimizing the legal business environment. Starting from the protection of the legitimate rights and interests of private entrepreneurs, Li Xu pointed out that there is a phenomenon of criminalization of economic cases and administrative violations in practice. State owned and private enterprises have unequal status, and there are situations of differential treatment in real business operations. They abuse public power, should not interfere with the operation and production of enterprises, and should not infringe on enterprise property. Therefore, we should implement equal protection for state-owned and private enterprises, establish a criminal principle of balancing leniency and severity, and standardize fair and civilized law enforcement. Starting from the introduction and prevention of criminal risks in private enterprises (households), Fang Jianliang analyzed the main types of crimes committed by private enterprises (households) in practice, and based on this, constructed a criminal risk compliance mechanism for private enterprises (households). Yang Chaohu believes that optimizing the legal business environment cannot be achieved without the collective efforts of a high-quality legal work team. Among them, lawyers, as legal service workers, should fully leverage their professional advantages and actively provide legal services to promote high-quality economic development. Therefore, it is necessary to strengthen internal skill cultivation and enhance the strength of legal services; Pay attention to work innovation and promote the upgrading of legal services; Focus on public welfare services and raise the temperature of legal service care. Tang Chen focuses on optimizing the compliance of private enterprises under the rule of law business environment, and believes that the correlation between optimizing the rule of law business environment and the compliance of private enterprises is mainly reflected in the correlation between value and technology. The optimization of the rule of law based business environment and corporate compliance both originate from overseas and inevitably face the process of localization adjustment. The best fit between the localization of the two is domestic private enterprises. At present, the main directions for establishing and improving the compliance of private enterprises are divided into two main directions: internal and external. The internal direction is to provide effective compliance plans for private enterprises, while the external direction is to improve relevant legislation and mechanisms for compliance of private enterprises. (Lai Xin She)

Edit：Chenjie Responsible editor：Liling

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