Promoting the Construction of a Rule of Law based Business Environment (New Practice of the People's Political Consultative Conference)
2024-06-27
The rule of law is the best business environment. How to summarize beneficial experiences, address weaknesses and strengths, and further optimize the business environment on the track of rule of law? Members of the National Committee of the Chinese People's Political Consultative Conference in relevant fields actively offer suggestions and suggestions from various aspects such as legislation, law enforcement, judiciary, and legal services, in order to gather consensus on promoting the construction of a rule of law based business environment. Strengthening top-level design and providing a solid legal foundation for optimizing the business environment. In January of this year, the research group of the National Committee of the Chinese People's Political Consultative Conference's Social and Legal Affairs Committee on "Promoting the Construction of a Rule of Law based Business Environment" conducted on-site research in Beijing. Jiang Guangping, Deputy Director of the Social and Legal Affairs Committee of the National Committee of the Chinese People's Political Consultative Conference, introduced that in recent years, China's business environment system has been continuously improved, enterprise law enforcement has become more standardized, and judicial protection has become more effective, injecting strong legal power into stimulating vitality and boosting confidence. "However, the research team also found that in recent years, there have been many policies and documents issued by relevant departments and local governments, but there is still a certain gap compared to the demands of enterprises. The committee members suggested accelerating the formulation of the Private Economy Promotion Law, amending the" Regulations on Optimizing the Business Environment ", and improving the basic system around the construction of a unified national market."; Improve an open and transparent foreign-related legal system, actively absorb high standard international economic and trade rules, and steadily expand institutional openness; Encourage local governments to strengthen institutional innovation and provide a solid institutional foundation for optimizing the business environment through high-quality legislation. Further improving and optimizing legislation related to the business environment is a key focus of attention for Ma Huaide, a member of the National Committee of the Chinese People's Political Consultative Conference and President of China University of Political Science and Law. Ma Huaide suggested adding some policy requirements that lack institutional rigidity to the "Regulations on Optimizing the Business Environment", regulating the policies and major administrative decisions issued by local governments, and promoting the construction of government integrity; On the basis of summarizing the implementation of the Regulations on Optimizing the Business Environment, we will promote the formulation of the Law on Optimizing the Business Environment and elevate the legislative level. Many provinces (regions, cities) have introduced local laws and regulations to optimize the business environment, and in practice, they have explored and formed a number of beneficial experiences in administrative law enforcement, administrative inspections, and government services. It is suggested to fix mature experience in legislative form and effectively promote the process of building a rule of law based business environment Ma Huaide suggested. Building an international first-class business environment also requires strengthening legal protection. Hu Wenrong, a member of the National Committee of the Chinese People's Political Consultative Conference and Chairman of the Shanghai Municipal Committee of the Chinese People's Political Consultative Conference, found in his research that "there is still a lack of institutional supply, innovation incentive mechanisms still have shortcomings, and innovation achievements are not sufficiently solidified. Local exploration and innovation still require greater support from the central level." Hu Wenrong suggested that around the development of the digital economy, cross-border data flow, and other fields, we should promote the formulation of standards such as data ownership definition, open sharing, and transaction circulation, and form a batch of innovative measures for international economic and trade rules based on elevation standards; Strengthen guidance on the construction of a legal and business environment in local areas, and support differentiated exploration and practice in areas such as facilitating the introduction of talents, the application of green and low-carbon technologies, and the construction of artificial intelligence application scenarios. "Fully leveraging the role of corporate bankruptcy system can help stimulate market vitality and stabilize market expectations." Li Lianxiang, member of the National Committee of the Chinese People's Political Consultative Conference and chief partner of Shandong Guoyao Qindao Law Firm, suggested accelerating the process of amending the Enterprise Bankruptcy Law, ensuring the connection and linkage between the Enterprise Bankruptcy Law and related laws and regulations, accelerating the legislative process of the Private Economy Promotion Law, and promoting the continuous improvement of the bankruptcy legal system; Further improve the top-level design and strengthen the linkage and coordination between the government and the court regarding corporate bankruptcy. The committee members believe that promoting the construction of a rule of law based business environment is not only a systematic but also a long-term project, and must continue to exert efforts and achieve greater effectiveness in promoting institutional mechanisms. "Creating a first-class legal business environment is crucial for administrative agencies to administer in accordance with the law." In the view of He Bingqun, a member of the National Committee of the Chinese People's Political Consultative Conference and Vice Chairman of the Hebei Provincial Committee of the Chinese People's Political Consultative Conference, efforts should be made both externally and internally to strengthen supervision of administrative violations. He Bingqun suggests that in terms of external supervision, the procuratorial organs should fully play their unique role in supervising administrative violations, promote the revision of relevant laws to provide legal support for procuratorial organs to carry out administrative violation supervision, and further standardize the scope, boundaries, methods, procedures, legal consequences, and guarantee mechanisms of this work. In terms of internal supervision, strengthen the hierarchical supervision of superior administrative organs over subordinate administrative organs in administrative law enforcement work, accelerate the construction of the provincial, municipal, county, and township administrative law enforcement supervision system, focus on special supervision of administrative law enforcement, and further improve administrative law enforcement related to enterprises. In recent years, the People's Court has actively explored new paths for international commercial dispute resolution mechanisms and institutional construction by referring to the World Bank's business environment evaluation indicators, helping China achieve a significant leap in the global business environment ranking. How to improve the diversified dispute resolution mechanism for international commercial disputes? Li Yingxin, a member of the National Committee of the Chinese People's Political Consultative Conference and Vice President of the Beijing Railway Transport Intermediate Court (the Fourth Intermediate People's Court of Beijing), conducted in-depth research and reflection. Li Yingxin believes that the international commercial mediation system needs to be improved, and the connection between litigation and non litigation stages and procedures needs to be optimized. Li Yingxin suggested strengthening legal supply, further unifying the establishment, operation, regulatory standards and procedures of commercial mediation organizations, as well as the process of litigation and mediation coordination; Moderately expand the scope of arbitrable matters and fully leverage the function of arbitration as an internationally recognized means of resolving disputes; Strengthen the integration of resources through diverse dispute resolution mechanisms, and support various mediation organizations to carry out mediation work in accordance with laws and regulations. Establishing a sound system of government legal advisors and fully leveraging the positive role of legal advisors as a think tank for scientific decision-making and a booster for lawful administration is conducive to promoting the construction of a rule of law government. "However, in practice, there are still some issues with the role of legal advisors." Li Hanyu, a member of the National Committee of the Chinese People's Political Consultative Conference and Vice Chairman of the Guizhou Provincial Committee of the Chinese People's Political Consultative Conference, suggested optimizing institutional design to ensure the professional role of legal advisors is fully realized; Further strengthen the proceduralization and standardization of the legal advisor system, improve the timing and methods of legal advisor intervention, the main questions and basis to be answered, and legal risks; Improve relevant institutional mechanisms and fully leverage the role of legal advisors. Responding to market demand and enhancing development momentum with the power of the rule of law, a good business environment is as indispensable to business entities as sunshine, water, and air. Some members believe that promoting the construction of a rule of law based business environment also requires responding to market demand and enhancing development momentum with the power of the rule of law. "Accelerating the formation of new productive forces requires the protection of the rule of law." Zhang Xinghai, member of the Standing Committee of the National Committee of the Chinese People's Political Consultative Conference and Vice Chairman of the All China Federation of Industry and Commerce, believes that strategic emerging industries such as intelligent connected vehicles are important battlefields and levers for cultivating and developing new quality productive forces, as well as new tracks for seizing future competitive heights and building new national competitive advantages. "Suggest improving relevant laws and regulations, and promoting the formation of 'Chinese standards' for emerging industries through legislation, law enforcement, and judicial coordination." Zhang Xinghai believes that enterprises should bear the main responsibility for data security and personal privacy protection. Enterprises in the intelligent connected vehicle industry should take effective measures, adhere to the principles of "relevance and data minimization", prevent excessive data collection and excessive use, and protect the right to know and the right to delete and correct personal data information collected and used by users. "A good balance should be found between regulation and encouraging innovation." Zhang Xinghai suggests that on the one hand, regulation should provide space for technological innovation and promote the marketization of data elements in regulation; On the other hand, user safety is the fundamental and bottom line for the sustainable development of intelligent connected vehicles. Only by ensuring user safety can we win the trust of the market and society, and promote the healthy development of the industry. In the process of accelerating the construction of a new development pattern in China, attracting foreign investment is very important for China to participate in international cooperation and enhance international competitiveness. In recent years, China has continuously introduced policies and measures to improve the business environment, achieving positive results in improving the foreign-related legal system and safeguarding the legitimate rights and interests of foreign-funded enterprises. "In the continuous improvement of the legal business environment for foreign investment, there is still room for optimization in market access, rights protection, and compliant operation," said Jiang Ying, a member of the National Committee of the Chinese People's Political Consultative Conference and Chairman of Deloitte China. Jiang Ying suggested improving the synergy of the system, enhancing the consistency of legal application, and enhancing the predictability of policies. Refine operational regulations for broader expressions in relevant laws; Promptly introduce relevant judicial interpretations, increase the release of guiding cases and typical cases; In the policy-making stage, fully listen to the opinions of enterprises and business associations, regularly announce progress through authoritative media, and guide the market to have reasonable expectations; After the policy is released, authoritative interpretation and compliance guidance will be provided, and the implementation effect will be evaluated periodically. Based on the effect and feedback from the enterprise, relevant policies will be continuously improved and promoted for implementation. "In recent years, policies to optimize the business environment have been intensively introduced in various regions, and for small and medium-sized enterprises, the level of legalization of the business environment is continuously improving." During his research, Yu Benhong, a member of the National Committee of the Chinese People's Political Consultative Conference and Vice President of the Liaoning Provincial Chamber of Commerce, found that some preferential policies for enterprises have failed to accurately address their needs and pain points. Yu Benhong suggested that in the policy-making process, attention should be paid to responding to the prominent concerns of business entities and improving their sense of gain. Before the policy is introduced, it is necessary to clarify the leading department, conduct a consistency assessment of policy orientation, coordinate the content, timing, and effectiveness of the policy, accurately analyze the cumulative effects of a series of policies, and strengthen policy coordination and work collaboration. After the policy is introduced, regular verification and cleaning work will be carried out to promptly clean up outdated and contradictory policies related to enterprises. Regarding strengthening the effectiveness evaluation of policies related to enterprises, Yu Benhong suggests incorporating regular policy implementation effectiveness evaluations into government performance evaluations, improving feedback mechanisms for soliciting opinions from enterprises, and making timely adjustments to policies that reflect more concentrated issues based on scientific analysis and judgment; For policies that may affect the production and operation of enterprises, a reasonable buffer transition period should be set up. (Lai Xin She)
Edit：Wangchen Responsible editor：Chenjie
Source：People.cn
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