Business Environment，It is a dynamic system composed of all elements related to corporate profit activities。It can point to the material production factors required by the enterprise，It can also point to the institutional environment where corporate activities are located。Whether it is the administrative "decentralization service" reform，still evaluate the business environment based on the "business convenience" indicator of the World Bank as a template，The current business environment optimization points to the efficiency of market regulation。Compared with institutional reform、Structural adjustment and other macro propositions，Details of the law enforcement process improvement and efficiency orientation of legal norms，Can quickly stimulate the government to take effective action，to improve the rule of law environment for enterprises。But the business environment optimization pointed to the regulatory efficiency，Its defects cannot be ignored。

On the one hand，Optimization of the business environment while pursuing the "ideal type" of the rule of law in the market，It is also unavoidable to bring a stacking bed in the rules，and the internal curls in the execution of the rules。Each business of the enterprise，All are shaped by a series of mutually linked legal norms and regulatory policies。This determines the improvement of the business environment of the enterprise，It must be achieved through the system improvement of the regulatory system，and cannot be done in the short term。But enter the practice link，Systematic improvement but can not help falling into the carving of details。Legal response to business environment issues，More dependence Bet365 app download on existing research in related fields，Therefore, the solution is usually close to "ideal type" at a single problem point，But ignores system coordination。"A question appears，Solve a problem "，Finally, the stacking beds in the formulation of rules。At the same time，Each law enforcement department in order to cope with possible complex situations，Fine fine law enforcement policies with its own "professional arrogance"。The enforcement process of mutual separation of various functional departments，further exacerbated the internal curiosity in the execution of the rules: while satisfying the law enforcement goals of a single department，It also makes the business environment of the enterprise more complicated，Corporate avoidance strategies are more variable，In the end, the relevant departments formulate a more detailed law enforcement policy，To ensure the implementation of the rules。

On the other hand，The optimization of the business environment is pursuing the efficiency of regulation，The impact of the optimization process on SMEs，thereby aggravating the burden of small and medium -sized enterprises in regulation。For SMEs，The rules in the process of optimization of the business environment do not have a direct opinion channel，Extensive field research and interviews，Not a must -have for the legislative process。So，SMEs in the process of optimizing the business environment，can only passively accept the change of rules。Formation of the rules of the large enterprise as a regulatory object，For small and medium -sized enterprises, it presents the state of "high standard legislation"。So，SMEs during the regulation，More tendency to use regulation vulnerabilities to reduce "compliance costs"。Regulations vulnerabilities sometimes originated from the rules itself，Sometimes obtain it through "informal bet365 Play online games communication" and "interest dredging" with law enforcement agencies。And small and small enterprises "universal illegal" encounter "selective law enforcement" in the process of law enforcement，further lead to an unfair law -abiding environment，It also aggravated the "compliance burden" of small and medium -sized enterprises。

In the current business environment optimization rules，The extension of the "various market entities" is divided by ownership。The Regulations for Optimization of the Business Environment (State Council Order No. 722) (hereinafter referred to as the "Business Regulations") stipulates: "State encouragement、Support、Guide non -public ownership economy development，Stimulate non -public economic vitality and creativity。The country further expands opening to the outside world，Actively promote foreign investment，Treat domestic enterprises equally、Various market entities such as foreign investment enterprises。"" This will put the "various market entities" understanding in the public ownership economy and non -public ownership economy、Under the distinction between domestic enterprises and foreign -invested enterprises。State -owned enterprise、Foreign companies、Classification methods of private enterprises are in Article 12 of the "Business Regulations" (policy support equality、Equal use of various production factors)、Article 20 (negative list of market access)、Article 69 (the responsibility of the government and its staff) is further strengthened。Attention to the size of the enterprise，Only in Article 26、The content of the comprehensive financing cost of small and medium -sized enterprises in Article 27 appears。But according to the type of enterprise ownership，The division of the optimization of the business environment，Unable to respond to the impact of the company's scale on the cost of compliance with law。

Bet365 app download In fact，Legal formation of various countries、During the running process，The phenomenon of "absence" of small and medium -sized enterprises in varying degrees，Then bring too much cost to the enterprise。U.S. Small Enterprise Promotion Agency described in the report of the "Country of Small Enterprises": "Most federal legislation stipulates that small and medium -sized enterprises and large enterprises have the same compliance obligations。However，SMEs have a relatively greater burden。Brief words，SME's scale benefits in compliance are disadvantaged。”

Fundamental perspective，The problem faced by SMEs is，How to get elastic space in the regulatory system。Regulations usually solve market failures、A purpose of maintaining the order of the market economy，Including "Set Rules、Collect information、Establish a feedback or supervision mechanism，Establish a response mechanism to correct violations of normative behaviors "。Traditional "Command -Control" regulations passed the top -down session，The formulation and implementation of the rules。This regulatory model regards the government and the market as two independent independent、A system that does not affect each other。So，Traditional optimization methods for regulatory systems，can only be carried out independently in two systems，It is impossible、Law、Society、Economy) The stimulus passed by。Breaking the closed system，Not in the formulation of highly specific laws，Instead, it is achieved by absorbing the order of other subsystems。So，Solve the regulation pressure faced by SMEs，The direction is not a route that is relaxed，Instead, it should be more complicated、indirect regulatory intervention form，that is, form a "layered" strategy in the regulation，Introducing SME regulations affects evaluation mechanisms，Finally form a flexible regulatory system。

Take the United States bet365 best casino games as an example，The use of the assessment of legislative procedures and regulations，The adverse effects of excessive high standards on SMEs are limited to more effective ways。Such as the "Regulatory Flexibility Act， RFA) When the federal level is required to achieve regulation at the federal level，It should go through a certain program: first，distinguish the small enterprise group that will be affected by the regulation; second，Analysis and understanding the economic impact of regulations on SMEs; third，Considering those who are achieving regulatory goals，It can also reduce the regulatory path of the economic burden of small enterprises。The U.S. Congress has also passed the "Fair Implementation of Small Enterprises"，Amend the "Flexible Regulations" Article 611，to ensure that small and medium -sized enterprises in the federal sector violate the terms of the "Flexible Regulations" department's terms，Able to conduct judicial review。From the implementation of the "Flexible Regulations" in the United States，It has a certain effect on "compliance reduction" to SMEs by procedure method。

At the law enforcement level，Then you need to comprehensively use the regulation "layered"、Regulatory affects evaluation mechanism and regulatory learning mechanism。On the regulatory "layered"，It can adopt more flexible regulation measures for SMEs。Regulatory policies formulated and implemented by law enforcement departments，Often set up a "average value" of law enforcement for all large -scale enterprises，Small and medium -sized enterprises resource endowment、The law -abiding ability is actually under the "average"，You can "distinguish" during the management process，Flexible policies、Measures。

During the specific law enforcement process，Then the illegal red line system and minor illegal punishment bet365 live casino games system need to be established。illegal red line system，That is, the administrative supervision and law enforcement department is flexible regulation、During the tolerance law enforcement process, you cannot break through the legal red line。behavior of breaking through the legal red line，Then strict law enforcement，Neither allows enterprises to operate illegally，It can not make other market entities profitable、illegal gains。It can be summarized as three basic criteria: first，It can not make other market entities profitable、Hard regulations、There is no regulation of penalties for penalties; second，Can't destroy the socialist market economy order，In particular, it cannot violate the prohibition of sex stipulated in the criminal law; third，Can't infringe the rights and interests of other citizens' personal property、The property rights and independent operation rights of other enterprises。again，Establish a slight illegal behavior warning system and correction system。Each law enforcement department can be based on your own law enforcement scope、Law enforcement content，Reserved Punishment Gradient for Administrative Penalty Regulations、Penalty Tailing Space，Defining the corresponding illegal behavior level，Formulate the corresponding list of minor violations。Of course，Punishment is not an inaction，For minor illegal acts of minor violations，The law enforcement department can warn、Warning is mainly，No substantial punishment，No formal punishment record，Therefore, it does not affect corporate credit reporting。At the same time，It is also necessary to specify the corresponding behavior correction period，Requires to take error correction measures within a certain time limit，Timely correct illegal act。Last，It is also clear that multiple illegal punishment bet365 best casino games systems。Even a minor behavior，Multiple accumulation of crimes，Its violations have also changed，No longer has mildness and penaltability。So，Several warnings、illegal acts required to rectify but still commit crimes，I need to impose a substantial punishment。From this，Forms a third -order regulatory mode of "Propaganda Education -Standardous Guidance -Correction and Punishment"。

(Author Unit: School of Law, East China Normal University)