Building a national unified market on the track of the rule of law
September 11, 2024 09:39 Source: "Chinese Social Sciences Journal" Issue 2975, September 11, 2024 Author: Wang Yuhui

"The Central Committee of the Communist Party of China on Further Comprehensively Deepening Reform" reviewed and approved by the Third Plenary Session of the 20th Central Committee of the Communist Party of China、The decision to promote Chinese-style modernization》,Emphasis on the need to build a national unified market to build a high-level socialist market economic system。

The scientific connotation of building a unified national market is rich。General Secretary Xi Jinping pointed out,“Building a new development pattern,Urgent need to speed up the construction of efficient standards、Fair competition、Fully open national unified market”。This core conclusion provides the fundamental basis for building a unified national market。

“Efficient specifications” require the improvement of institutional rules,Clear the boundary between government and market,Effectively allocate resources in a larger market scope,Improve resource allocation efficiency。“Efficiency” requires making good use of the advantages of ultra-large-scale markets,Leading demand with high-quality supply,make production、Assignment、Circulation、All aspects of consumption will be smoother,Improve market operation efficiency;Use the market to promote competition、Advantages of deepening division of labor,Gather resources through a unified market、Promote innovation、Increase division of labor and win-win results;Leverage the market scale effect and agglomeration effect,Reduce transaction costs。“Norms” require a sound and unified market rule system,The norms and standards of law enforcement and justice are consistent,No "differential law enforcement and justice"。

"Fair competition" requires the elimination of various factors that hinder fair competition,Create a level playing field。The core of market economy is fair competition,Only fair market competition,In order to give full play to the initiative and creativity of market entities,Achieve effective allocation of resources and significantly improve consumer well-being。Therefore,We must clean up policies and measures that hinder fair competition,Break down local protection and administrative barriers,Eliminate monopoly and unfair competition,Create a market order of fair competition。

“Full opening up” requires promoting high-level opening up,Enhancing connectivity between the domestic market and the global market,Form a new development Bet365 app download pattern of domestic and international dual circulation。To realize the openness and connectivity of domestic regional markets,Free flow of elements,Domestic circulation is smooth;Develop the Free Trade Zone、The leading role of free trade ports and other open platforms in pioneering trials,Expanding foreign investment market access,Promote investment and trade facilitation,Attract global resources to flow in。We must maintain the multilateral trading system with the World Trade Organization as its core,Actively participate in the area、Bilateral、Multilateral economic and trade cooperation,Achieving full connectivity between the domestic market and the global market,Promote world economic development。

General Secretary Xi Jinping pointed out,“The socialist market economy is essentially a legal economy”。Building a national unified market on the track of the rule of law,Help ensure the decisive role of the market in resource allocation,Promote government streamlining and delegating power,Create unified rules、Subject equality、Competitive and orderly market environment。

 bet365 live casino games One,Grasp the correct direction of the legal construction of a unified national market。Implementing the rule of law and promoting the construction of a unified national market,We should unify the basic market system rules、Create a level playing field、Improving market opening mechanisms and other core directions,In legislation、Law Enforcement、Justice、Comprehensive promotion of legal compliance and other aspects。Part 2,Promote the systematic construction of the rule of law in the national unified large market。The legal construction of the national unified market should grasp the basic framework of the socialist legal system with Chinese characteristics,Comply with the legal norm system、Rule of law implementation system、Legal supervision system、Systematic construction of the rule of law guarantee system。Part 3,Highlighting the Chinese characteristics of the legal construction of a unified national market。Our country should focus on grasping the Chinese issues and Chinese solutions in the construction of a unified national market,Focus on the legalization of building a very large-scale domestic market、The legalization of the public-owned economy and the non-public-owned economy complement each other、Special issues such as effective government and legalization of effective markets。

  Secondly,Unified market basic system,Establishing a legal and regulatory system for a unified national market。One,Establish and improve a modern property rights protection system and a unified and standardized law enforcement and judicial system for property rights dispute cases。Building a national unified market should regulate the public economy in accordance with the law、Equal protection of all types of property rights in the non-public economy,Real rights、Credits、Comprehensive protection of equity, intellectual property rights and other intangible property rights。Part 2,Implement a unified market access mechanism。To build a unified national market, “one national list” management should be fully implemented,Develop a national universal qualification list,Unify and standardize evaluation procedures and management methods。For specific industries、Field、Regions subject to negative list management,Incorporated into the national unified list management,Already included in the national unified list management,Provide supervision and guidance。Part 3,Establish a unified fair competition system。To build a unified national market, a system of fair competition rules should be improved,Accelerate the revision of the Anti-Unfair Competition Law and the Anti-Monopoly Law、Formulation and revision of supporting specifications for the Anti-Unfair Competition Law;Improving the fair competition review system,Strengthening rigid constraints on fair competition review,Clean up and abolish various regulations and practices that hinder the unified national market and fair competition,Create a rules-based environment for fair competition。Fourth,Promote the construction of social credit system。The national unified market should improve the social credit system,Establish market credit file,Improving the corporate credit evaluation system,Strengthen the punishment mechanism for market credit violations,Innovative new mechanism for credit classification and classification supervision,Accelerate the establishment of a comprehensive evaluation system for the credit status of private enterprises,Improving the credit enhancement system for private small and medium-sized enterprises,Improve the credit level of the unified market。Fifth,Promote the unification of the basic tax system。Building a unified national market requires deepening the reform of the fiscal and taxation systems,Soundness is conducive to high-quality development、Social justice、Market-unified tax system,Optimize the tax structure,Provide good tax space for enterprises to compete across regions。At the same time,Optimize cross-regional tax fund transfer payment,Balance the tax equilibrium level between domestic regions,Ensure uniformity of tax legislation and enforcement across the country。Sixth,Promote the improvement of the financial system。Building a unified national market requires deepening the reform of the financial system,Strengthen the unified regulation of the central bank,Unified Financial Market,Promote the integration of regional equity market rules、Unified standards,Provide capital support for the operation of the national unified market;Implementing a lending facility system,Providing liquidity to the domestic financial system;Coordinate with the China Securities Regulatory Commission and the Financial Supervisory Authority,Taking the unity of financial policy as the direction,Realize unified supervision of multiple financial sectors。Therefore,Our country has passed the construction of a complete legal regulatory system,Building a unified market basic institutional rule system for the national unified market。

  Again,Create a fair market environment,Provide legal enforcement guarantee for the unified national market。One,Establish a long-term mechanism to eliminate local protection and market segmentation,Create an open and unified market environment。Local protection and market segmentation are key obstacles affecting the construction of a unified national market,The core of solving this problem is to accurately grasp the relationship between the local and the overall situation。On the one hand,Strictly implement the fair competition review mechanism,Comprehensive cleaning up of various regions violates fair competition、Policy measures that hinder the construction of a unified national market,Clear hidden barriers,Building an institutional environment for fair competition。On the other hand,Strengthening the fundamental status of competition policy,Optimizing the implementation of industrial policies,Clean up various local industrial policies that easily lead to unfair competition,Realize the coordinated development of industrial policy and competition policy。Part 2,Adhere to the principle of “fair supervision”,Create a fair treatment market environment。Due to the type of market entity、Unfair supervision on scale, etc.、Opaque supervision,It will seriously hinder fair competition among market entities。Building a unified national market requires promoting fair and unified market supervision,my country should improve and unify market supervision rules,Strengthen unified market supervision and law enforcement,Comprehensively improve market supervision capabilities,Strengthen fair supervision,Ensure equal treatment of all market entities,No "selective" or "differential" supervision。Part 3,Strengthen supervision of monopoly and unfair competition,Create a market environment of fair competition。General Secretary Xi Jinping emphasized,“It is necessary to strengthen anti-monopoly and anti-unfair competition supervision and law enforcement,Crack down on monopoly and unfair competition behaviors such as abuse of market dominance in accordance with the law”。At the legislative level,The competition law normative system should be continuously improved;At the law enforcement level,Scientific law enforcement across the entire chain should be strengthened,Sound information sharing、Law enforcement mechanisms such as joint collaboration,Improve law enforcement efficiency;At the object level,Focus on data、Algorithm、Artificial intelligence and other emerging technologies,And new business fields such as platform economy,Provide legal protection for cultivating a national integrated technology and data market。Fourth,Ensuring equal government support,Create a market environment with fair incentives。Fair elements and resource support,Conducive to creating fair competitive costs for enterprises。Building a unified national market,It is necessary to ensure the fair use of land and other resource factors by market entities;Ensure tax neutrality,Achieve substantive justice in tax burden;Ensuring equal access to finance for businesses、Talent and other support。

  final,Promote institutional opening up,Smooth the rule of law cycle of the national unified market。General Secretary Xi Jinping emphasized,"To better connect the domestic market and the international market,Better utilization of both international and domestic markets、Two resources,Achieve stronger and sustainable development”。The unified national market is for the world、Fully open unified market。Promote the construction of a unified national market through institutional opening up,Enhance the connectivity between the domestic market and the global market through the rule of law,Conducive to the formation of a new development pattern of domestic and international dual circulation and the promotion of two-way connection between the domestic market and the international market。One,Actively align with international economic and trade rules,Improving my country’s foreign-related legal system,Steady expansion of institutional opening。Under property rights protection、Industrial subsidies、Environmental standards、Labor Protection、Government Procurement、E-commerce、Finance and other fields,Improving foreign-related laws and regulations,Realize the organic connection between my country’s economic and trade rules and international economic and trade rules,Providing institutional guarantees for efficient connectivity in the global market。Part 2,Providing Chinese solutions for the innovation of international economic and trade rules。General Secretary Xi Jinping emphasized,“With a more active historical responsibility and creative spirit,Comprehensively participate in the reform of the World Trade Organization and the adjustment of international economic and trade rules”。Promote institutional opening up,We must actively participate in the formulation of international economic and trade rules,In the digital economy、Trade and Investment、Advanced manufacturing and other emerging fields、Rules and standards for emerging industries are being formulated,We must actively participate in the reform of the global economic governance system,Contribute Chinese wisdom,Provide institutional supply for international economic and trade rules。Part 3,Deepen the reform of foreign investment promotion and protection systems and mechanisms。Develop the Free Trade Zone、The leading role of the free trade port and other open platforms in the pilot system,Expanding foreign investment market access,Implement the comprehensive lifting of restrictions on foreign investment access in the manufacturing sector,Orderly expansion of finance、Telecom、Internet、Education、Culture、Opening of medical and other fields;Optimize customs clearance、Tax Refund、Foreign exchange and other trade facilitation measures,Guaranteeing foreign-invested enterprises’ access to factors、Qualification License、Standard development、National treatment in government procurement and other aspects,Deepen the reform of foreign investment promotion system and mechanism;Establishing an integrated body to promote foreign-related legislation、Law Enforcement、Justice、Compliance and Legal Services、Working mechanism for cultivating legal talents,Improving the international commercial arbitration and mediation system,Cultivation of world-class arbitration institutions、Law Firm,Deepen the construction of legal protection mechanism for foreign investment。Fourth,Deepen the reform of foreign trade system and mechanism。Strengthening trade policy and fiscal and taxation、Finance、Industrial Policy Collaboration,Deepening the reform of the foreign trade support system;Creating a public service platform for foreign investment,Expand the supply channels of public goods in the field of foreign investment and cooperation;Strengthen overseas interests and investment risk warning、Prevention and Control、Protection system mechanism,Protect the legitimate rights and interests of enterprises in overseas investment,Enhance the international competitiveness of my country’s export-oriented enterprises。Fifth,Improving the national economic security mechanism。Proposed by General Secretary Xi Jinping,“We must adhere to high-quality development and high-level safe and positive interaction”。Economic development and market construction should implement the overall national security concept,Establish and improve the coordination mechanism for surrounding security work,Protecting national maritime rights and interests;Antitrust review、Anti-interference、Anti-"long-arm jurisdiction" mechanism,Protecting the legitimate rights and interests of Chinese enterprises;Establishing national security review of foreign investment、Antitrust review、National economic security guarantee mechanism such as data export security assessment,Effectively safeguard national economic security。

  (The author is executive dean and professor of Zhengzhou University Law School)

Editor: Zhang Jing
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