Wang Xianlin: Fair competition in the protection of business environment in rule of law
June 05, 2019 09:10 Source: "China Social Sciences" June 5, 2019 Total No. 1707 Author: Wang Xianlin

February 25, 2019,General Secretary Xi Jinping emphasized at the second meeting of the Central Committee of the Central Committee in accordance with the law of the Central Committee.,The rule of law is the best business environment。March 5, 2019 Premier Li Keqiang's "Government Work Report" on the overall requirements of government work,It also emphasizes the creation of rule of law、Internationalization、The importance of the convenient business environment。The business environment as the total of various surrounding conditions and conditions with the entire process of corporate activities,It is related to the development of the company's development vitality and potential,It is also related to the economic soft power and comprehensive competitiveness of one country or region,Therefore, it is not too much to say "business environment is productivity"。A report released by the World Bank shows that a good business environment will increase the investment rate by 0.30%,GDP growth rate increased by 0.36%。

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The business environment includes the law that affects corporate activities、Politics、Economy、Social and even many aspects of elements,Each aspect is indispensable,But the legal element is the most fundamental,Is the guarantee of the business environment。This is because of,The market economy is essentially a rule of law economy,Require all economic activities、Economic relations should be included in the track of the rule of law to regulate and guarantee,This will inevitably affect all aspects of the business environment。In recent years,A series of important documents in the country propose to improve the rule of law、Internationalization、Convenient business environment,rule of law in the first place,It can play an expectation of stabilizing market entities、Reduce market transaction costs,to improve the business efficiency and role of social benefits。experience at home and abroad all shows,The rule of law environment is a very important indicator affecting the attraction of investment,The thinking of rule of law is the basis for building a fair market mechanism。For this,It is necessary to establish Bet365 lotto review and improve a series of related property rights、Transaction、Investment and market supervision、Laws and regulations in macro regulation and other aspects,And there are corresponding program rules and mechanisms to ensure the effective implementation of it。

​​2001,The World Bank first proposes the concept of "business environment",and gradually formulate a set of measurement and evaluation index systems,Evaluation and ranking of the economy,In practice, it has a good guidance effect on investors,Gradually becoming a set of measurement standards that are more perfect and widely recognized in the world,Its influence is getting greater and greater。Current,World Bank incorporates 10 important indicators into the evaluation system,"Opening Enterprise、Apply for architecture permit、Get power supply、Registered property、Get credit、Investor protection、Pay taxes、Cross -border trade、Contract execution and bankruptcy ",There are several second -level indicators under each first -level indicator。Of course,The field of evaluation is also dynamically adjusted,In the past year or two, there have been an increase in indicators such as the "convenience of business environment"。World Bank business environment evaluation uses a set of rules -based evaluation system,Almost every indicator is related to the rule of law,Some second -level indicators are directly in the rule of law。For example,"Legal Rights Index" in the "Obtaining Credit" indicator; "related transaction liability" in the "investor protection" indicator (scope of director responsibility)、"The ability of shareholders 'prosecution management and improper behavior of directors" (difficulty in shareholders' litigation) and "investor protection"; all secondary indicators in the "contract execution" indicator,that is "time" (time to solve the time required for disputes,That is time from the plaintiff's lawsuit to the actual solution time,Including the number of days of action and waiting time)、"Cost" (the proportion of court expenses and defense lawyers account for total debt value)、"Program" (the number of procedures required for the average of the contract)。Visible,The rule of law is very important for creating and guaranteeing the business environment,The development of the private economy is especially like this。

  Fair competition is an important aspect of the rule of law

Establishing and maintaining a fair competition market environment is one of the basic functions of the government under the conditions of the modern market economy,It is an important aspect of "better play the government's role" on the basis of "making the market decisive role in resource allocation"。When the government formulates and implement various economic policies, especially industrial policies,First of all, we must focus on establishing and maintaining a fair competition market environment,Do not hinder and destroy fair competition in the market。This is the problem that the competitive policy is solved。Competitive policy is a basic economic policy implemented by market economy countries to protect and promote market competition,Its core goal is to protect and promote market competition,Ensure that the competitive mechanism plays a role in related markets,So as to improve production efficiency and resource allocation efficiency,Promoting consumer benefits。This is the so -called competitive policy,It includes both competition laws (especially antitrust law),It also includes various policies and measures aimed at promoting the freedom of domestic economic competition and the opening of the market,For example, government relaxation control policy、Privatization or private policy of state -owned enterprises、Reduce government subsidies or preferential policies。The basic framework of my country's current competitive policy is mainly reflected in the "Anti -Monopoly Law", "Anti -Unfair Competition Law" and its supporting regulations、In the rules and guidelines。In a broad sense,It is also reflected in a series of market -oriented policy measures,If relaxing market access、Relax government control, etc.。

Compared to other economic policies,Competitive policy should be a basic or even priority economic policy under the conditions of market economy,This is determined by the characteristics of the market economy itself。The most basic as a market economy、The most important operating mechanism,Competition is the basis for promoting market entities to make reasonable decisions。The development of the industry is inseparable from an effective competitive environment,Only competition can force market players to respond in a timely manner for price signals,Promote enterprises to bet365 live casino games continuously change according to market changes,Re -combination of production factors,to achieve the best allocation of resources。Competition has a reasonable allocation of scarce resources,Promoting economic and technological progress,Reasonable allocation of income,greatly protect the interests of consumers,and help protect people’s economic freedom,Various functions such as creating social equality。It can be said,Competition is the soul of the market economy and the driving force for development,Market economy is essentially a competitive economy。but,Competition cannot be spontaneous、Blind and disorder,This requires the state to guide and regulate through effective competition policies。In recent years,Competitive policy is not only attracted to the attention of the academic community,And it is more and more valued by the country。Especially on March 13, 2015, "Central Committee of the Communist Party of China、Several Opinions on Deepening the Reform of the State Council on Deepening the Reform of the Innovation Driven Development Strategy. ",On October 12, the same year "Central Committee of the Communist Party of China、Several Opinions of the State Council on Promoting the Reform of the Price Mechanism "further put forward" the basic status of gradually establishing a competitive policy ",At the same time, "accelerate the establishment of competitive policies and industries、Coordination mechanism of investment and other policies "。

  Use a variety of competitive policy tools to ensure fair competition in business environment

Business environment to ensure fair competition,It is necessary to make full use of a series of institutional tools that make full use of competitive policies。

First,Vigorously implement a fair competition review system。Fair competition review is aimed at the government's introduction of policies and measures that hinder fair competition,Specific is administrative organs and laws、Organizations (collectively referred to as policy formulation agencies) authorized by regulations (collectively referred to as policy formulation agencies) to formulate market access、Industrial development、Investment promotion、bidding bidding、Government procurement、Business Standards、Qualification standards, etc. involving regulations involving market entity economic Bet365 app download activities、Normal documents and other policy measures。Fair competition review system has been adopted by more and more countries,and proved to be restricted by the government's improper exercise、Powerful measures to maintain fair competition in the market,It provides the necessary institutional guarantee for the market to play a decisive role in the allocation of the market。June 14, 2016,The State Council issued the "Opinions on Establishing a Fair Competition Examination System in the Construction of Market System",This marks the implementation of my country's fair competition review system。October 23, 2017,Agree with the State Council,National Development Reform Commission、Ministry of Finance、Department of Commerce、State Administration of Industry and Commerce、The Legal Affairs Office of the State Council jointly issued the "Implementation Rules for the Fair Competition Examination System (Interim)"。Effective implementation of this system is conducive to ensuring the fair competition environment of various market entities。It is necessary to take practical and effective measures in the future,Make sure that this system is truly implemented and continuously improves。

Next,Establish a competitive neutral policy,Ensure the fair competition conditions of various ownership enterprises。Competitive neutrality Specifically includes business forms of business、Cost confirmation、Business return rate、Public service obligations、Tax neutral、Regulatory neutral、debt neutral and subsidy constraints、Standards for eight aspects of government procurement。Establishing a competitive neutral policy is particularly important for the development of the private economy,Its essence is "state -owned enterprise、Types of private enterprises "。Recent,The heads of relevant national departments have expressed their statements,It is clear that my country will adopt competitive neutral or competitive neutral policies,Foreign capital of domestic capital、State -owned enterprises and private enterprises、Large enterprises and small and medium -sized enterprises in the same time,Create a fair and competitive market environment。This is a positive policy signal。This year's "Government Work Report" also clarified this。The "Foreign Investment Law" just introduced clearly clearly clarified that Bet365 lotto review "foreign investment enterprises equally apply the various policies for the development of the state to support enterprises in accordance with the law"。The priority is to allow private enterprises to enter the market、The development environment and the exit mechanism enjoy the real equal treatment with state -owned enterprises。

again,Promoting antitrust and anti -unfair competition enforcement,Make a fair market competitive environment。In the market competition, it is also easy to produce competition "by -products" -on monopoly and improper competition,It is necessary to formulate and implement the competition method to prevent。In my country, the Anti -Unfair Competition Law has been formulated in China (revised in 2017、Amended in 2019) and the "Anti -Monopoly Law" conditions,Effective implementation of these laws is to create a fair competition market environment for enterprises。Current,Need to promote antitrust and anti -unfair competition law enforcement,Strict crackdown on non -recovery fees、Forced transaction、Set up products、Additional unreasonable trading conditions and other market monopoly behaviors,At the same time, investigate and deal with and announce a typical administrative monopoly case,Correct the exclusion of administrative power、Restricted competition behavior,Breaking regional blockade and departmental division,Effectively protect the legitimate rights and interests of the enterprise。

Last,Vigorously implement competition advocates,Cultivate high -quality competitive culture。Competition advocates is an important mechanism for promoting competitive policies by many countries and international organizations to promote competitive policies and build a competitive culture,refers to all behaviors that improve the competitive environment except competition and law enforcement in a competitive law enforcement agency,These behaviors are mainly achieved by coordinating the relationship with government agencies and increasing the public's awareness of competition benefits。Its policy goal is to implement through specific advance measures,Build an environment of a good competitive culture。For a lack of competitive cultural traditions in my country、The formulation and implementation of the antitrust method is relatively late.,It should be paid to competition advocacy with competition bet365 Play online games enforcement,Jointly advance,This is conducive to consciously removing those intangible market barriers,Accelerate the integration of the regional market,It is also conducive to regulating the behavior of various market entities。The means of competition advocating the goal of achieving the goal is from multiple levels、Multi -angle to affect government behavior、Corporate behavior and public consciousness,Optimize the competitive environment。In short,Promotion of competition can improve the legal awareness of competition in the whole society,Consciously creating and maintaining a market environment for fair competition。

 (The author is a special professor of Shanghai Jiaotong University、Director of the Center for Competitive Law and Policy Research)

Editor in charge: Wang Ning
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