World Bank standards for the business environment of the rule of law and its limitations
September 23, 2020 09:21 Source: "China Social Sciences", September 23, 2020, Issue 2017 Author: Ning Ziang

The business environment is a variety of institutional factors and conditions that affect market entities such as enterprises,Legal rules are the most important factor among them。Current,The business environment of the rule of law has become an important direction for the wide recognition of all parties。But,my country is still in the primary stage of the construction of the rule of law in the business environment,Many basic theoretical issues on the business environment of the rule of law have not reached a consensus。The "Business Environment Report" of the World Bank as the ideal patrol of the global recognized "construction of a business environment for rule of law",Since 2003, the quality of business environment supervision in 190 countries and regions in the world has been evaluated and analyzed。The ranking of the business environment proposed not only provides a systematic basis for us to understand the rule of law of the business environment in the world,And provides an analysis sample on the legal rules required by the business environment,It has important reference value for the construction of the business environment of the rule of law in my country。Of course,It is undeniable that,Due to the evaluation indicators of the "Business Environment Report", there are many controversy in the process of quantifying laws and regulations,When reference to the World Bank standards to revise the relevant laws in my country,It should be an objective and rational attitude,Combined with the actual bet365 best casino games situation of our country,Avoid blindly copying related standards。

The World Bank "Business Environment Report" examines the regulatory regulations of important areas from the establishment to the end of the entire process。This report is based on the development of a country's economic activities and the growth of economic growth.、Clear and effective legal rules。These legal rules mainly include free transactions on promoting business entities、Protection of property rights、Promote the resolution of commercial disputes and prevent the party of the party who prevent the contract will abuse its rights.。

Specifically,According to the latest report in 2020,At present, the report is "Open Enterprise、Apply for construction permit、Registration property、Registration property、Get credit、Protect a minority investor、Tax、Cross -border trade、Executive contracts and bankruptcy "10 indicators that affect the development of the enterprise for comprehensive assessment,Examine whether different indicators are conducive to promoting business activities。At the same time,The World Bank ranks one by one on the business environment of each economy on the above 10 indicators,and proposed the optimal practice of each indicator,This has formed a World Bank standard for the business environment of rule of law。

Selection of each indicator above and the specific legal rules covered by the above indicators,Not only support for economic theory and empirical research,and gradually improved on the basis of analyzing the development trends of rule of law in 190 countries and regions。Taking the "Protecting Minority Investors" indicators as an example,Research indicates,Provide more protection for a few investors,Bet365 lotto review helps strengthen entrepreneurs' trust in the government、Improving the confidence of entrepreneurial expansion business,This makes it easier for enterprises to make financing。So,World Bank designed this indicator,Concentrated the inspection content on how to reduce the company's executives、Directors and major shareholders use their positions to sacrifice the interests of the company and other shareholders to promote their own interests。

From the specific legal content contained in the World Bank standard,Investigation of the business environment of the World Bank not only includes specific business laws and regulations,also includes legislation、Law Enforcement、Judicial and other important aspects related to the construction of the rule of law。Specifically,The legal factors contained in the business environment standards of the World Bank can be summarized into the following aspects: first,Comprehensive legal system。This legal system is transparent、Clear and sound legal rules composition。World Bank standards especially emphasize strong property rights protection、Information disclosure and respect for the legal rules of the parties' autonomy to autonomy for the creation of a good business environment,These are registered property、Protect a minority investor、Get credit、Executive indicators such as executing contracts and bankruptcy are reflected。Second,Standardized and efficient administrative supervision system。This is mainly reflected in the streamlined administrative supervision process,and strengthen the control of administrative power operation from system and procedures,To ensure the stability and openness of administrative supervision。bet365 best casino games The World Bank created a start -up enterprise、Apply for construction permit、Obtaining power such as electricity to ensure the efficient operation of the administrative supervision system。third,A fair and efficient judicial system。The World Bank especially emphasizes the need to improve the dispute resolution mechanism。This protects a small number of investors in the "Business Environment Report"、It is reflected in indicators such as bankruptcy。

World Bank standards are my country from legislation、Law of law enforcement and justice to carry out the business environment of the business environment provides ideal analysis samples,However, the "Business Environment Report" has been questioned by the international academic community since its release。So,When my country is reference to the World Bank standard revision of the legal system,Need to have a clear understanding of its limitations。

Disputes of the "Business Environment Report" from all walks of life are mainly concentrated in the following aspects: First of all,The evaluation system of the "Business Environment Report" cannot fully examine the business environment of various countries,Some important legal systems contained in the business environment。The World Bank only inspected the laws and regulations of a limited liability company in a formal industry,The limited liability company that believes that the regular industry is the main source of a country to create employment and reduce poverty。But,In many developing countries,Economic activities are mainly carried out in the informal industry。The world's attractive economic development achievements have actually benefited from the active development of the informal industry to a large extent。

Bet365 app download Next,"Business Environment Report" only emphasizes the importance of legal text in the business environment,and ignore the implementation of laws and regulations。The World Bank assumes that business owners of various countries have fully understood and implemented related laws and regulations。But actually,These entrepreneurs may not understand some of these laws and regulations,and did not comply with the provisions of these laws and regulations,They may even take some measures to avoid certain laws and regulations。

again,World Bank's establishment of various indicators and legal systems is not based on solid theoretical and empirical research。Although the World Bank is the specific indicators and legal systems established on the basis of referring to authoritative research,However, these theoretical and empirical studies generally only prove that a specific legal system is related to related economic development indicators,It does not prove that the two have a causal relationship。At the same time,Even if related research can draw the conclusion of causality,In many cases,This cannot prove that the business environment standard established by the World Bank is the best choice for a certain country。This is mainly because these studies can only provide a perspective of a dimension for the legal system reform of one country,Whether a country must adopt the corresponding legal system settings,It is also necessary to consider whether the country has relevant resources to carry out legal reforms,and whether the implementation of this reform is supported by other supporting systems。

In the process of carrying out the business environment of the rule of law, my country borrows the business bet365 live casino games environment standard of the World Bank,Pay attention to the following questions: First of all,World Bank Standard as an ideal model for the "rule of law business environment", which is currently widely recognized by countries around the world,can be used as an important reference for my country's rule of law business environment,The starting point of discussing and carrying out the reform of the relevant legal system。Second,Due to the limitations of the business environment index created by the "Business Environment Report",my country should avoid copying the legal regulation method advocated in the "Business Environment Report"。In the process of optimizing the business environment in my country and modifying related laws,It should be analyzed whether the World Bank standard is suitable for our national conditions,Whether my country has a legislative resources that adopts relevant legislative model or legal system。again,The revision of the relevant legal system to modify the "Business Environment Report" of the World Bank cannot effectively improve my country's business environment,On the basis of legal modification,my country should also improve the relevant legal implementation mechanism。Last,my country's important legal system omitted by the World Bank's business environment standards,Especially the legal system involved in the informal industry。In short,my country should be on the basis of reference to the World Bank's business environment standard,Create a business environmental legal system that conforms to my country's national conditions,To better promote the construction of my country's rule of law business environment。

(Author Unit: School of Public Management of bet365 Play online games Renmin University of China)

Editor in charge: Cui Cen
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