Optimizing the Business Environment and Cohesing the Development Synergy (New Practice of CPPCC)
Source: Global Doing Business Report 2020 Layout Design: Cai Huawei
Since the 18th National Congress of the Communist Party of China, the CPC Central Committee and the State Council have attached great importance to optimizing the business environment. Relevant institutional systems have been continuously improved, market access has been greatly relaxed, fair supervision has been accelerated, and government services have been continuously optimized. But at the same time, there is still room for further improvement in the degree of marketization, the guarantee of rule of law, the pace of internationalization, and the level of convenience. It still takes a long time to create a first-class business environment.
A few days ago, Chinese People’s Political Consultative Conference held a biweekly consultation forum to discuss and discuss the issue of "continuously optimizing the business environment".
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Strengthen the top-level design and improve the system and mechanism
Yang Weimin, member of the Standing Committee of Chinese People’s Political Consultative Conference and deputy director of the Economic Committee:
It is suggested that building a modern first-class business environment should be an important goal of the 14 th Five-Year Plan, and optimizing the business environment should be the primary task of the government to promote development. First of all, we should continue to relax market access, remove hidden barriers, and promote decentralization and power reduction. Secondly, it is necessary to speed up the construction of digital government, open up "data islands" in various departments and regions, and promote online handling of enterprise-related matters. The third is to formulate a national unified list of fees, clean up and standardize the fees charged by enterprises, and strengthen the supervision of fees charged by monopoly industries. The fourth is to optimize the financing environment and form a financial market structure, financial institution structure and financial product structure that effectively serve the real economy. Fifth, the property rights and independent management rights of enterprises of various ownership systems are equally protected according to law. Sixth, protect the legitimate rights and interests of entrepreneurs according to law, and strictly distinguish the legal responsibilities of enterprises and entrepreneurs. The seventh is to establish a long-term mechanism to solve the arrears of corporate accounts. Eighth, improve the national standards for enterprise inspection, reduce the frequency of enterprise inspection, and standardize administrative law enforcement inspection procedures. The ninth is to strengthen the supervision after the event and accelerate the implementation of "double randomness and one openness". The tenth is to enhance the stability and transparency of policies, formulate laws, judicial interpretations and plans related to enterprises, and add hearings for entrepreneurs. The formulation and implementation of plans and policies follow the principle of "non-retroactivity".
Member Chinese People’s Political Consultative Conference and Chairman of the Board of Directors of EVOC Hi-Tech Holding Group Chen Zhilie:
It is suggested that the evaluation index system of business environment should be introduced into the assessment of local governments in China. At present, the evaluation index system of China’s business environment led by the National Development and Reform Commission has been tried in some cities, and it is hoped that it will be promulgated and implemented as soon as possible. It is suggested that the corresponding assessment index system should be issued at the same time as one of the bases for evaluating the performance of government officials and promoting their posts.
It is suggested that local governments issue a "positive list" and a "negative list" in the form of policies and regulations, and set requirements and draw boundaries in building pro-Qing political and business relations. Let entrepreneurs’ evaluation and scoring of local government service level become a system, introduce corresponding assessment rules, clearly require what should be done, reward proactive behavior, and punish lazy politics and cross-line behavior. Advocate government workers to make friends with entrepreneurs, and ask government workers to put their service awareness into action.
Improve the level of rule of law and put an end to inaction and chaos
Zhang Zhanbin, Member of Chinese People’s Political Consultative Conference and Dean of Marxism College of the Party School of the Central Committee of the Communist Party of China (National School of Administration):
The rule of law is the best business environment. It is suggested that all kinds of acts that infringe upon the legitimate rights and interests of private enterprises should be seriously investigated and punished according to law, and the misjudged cases that infringe on the property rights of enterprises should continue to be identified and corrected. Giving private property and public property equal status and equal protection in legislation, paying attention to comprehensively improving the fair and just property rights system, comprehensively and equally protecting private economic property rights according to law, improving the effective prevention and normalization correction mechanism of cases involving property rights wrongs, and severely investigating and punishing all kinds of acts that infringe on the legitimate rights and interests of private enterprises according to law have become a major event in governing the country. Two years ago, the people’s court retried several typical cases according to law, and the social response was very good.
Strengthen judicial protection and strictly distinguish the legal responsibilities of enterprises and entrepreneurs. To implement the strategic deployment of the Party Central Committee to protect the legitimate rights and interests of enterprises and entrepreneurs, such as property rights and intellectual property rights, it is necessary to make precise policies. The key point is to strictly distinguish the actual boundaries between enterprise economic disputes and criminal offences, and strictly distinguish the legal responsibilities of enterprises and entrepreneurs. Public security organs should avoid using criminal investigation power to intervene in economic disputes, resolutely prevent economic disputes from being treated as crimes and turn civil liability into criminal liability. Improve the legal system involving the seizure, seizure, freezing and disposal of enterprises and entrepreneurs’ property, and improve the procedures and methods of administrative law enforcement.
Gu Zhenchun, member of the Standing Committee of Chinese People’s Political Consultative Conference and deputy director of the Standing Committee of Heilongjiang Provincial People’s Congress:
In view of the problems of "emphasizing investment and neglecting business" and individual grassroots inaction and chaos, the northeast region has continuously improved the reform of institutional mechanisms and the business environment has improved. However, there is still a gap in the horizontal ratio. It is suggested that:
Strengthen the guidance of national strategy. It is suggested that the reform and innovation measures in various places should be systematically integrated and replicated. Help introduce resources in some key industries, and reduce the essential costs of enterprises around taxes, financing and logistics.
Promote good governance with good laws and protect the legitimate rights and interests of enterprises. Establish a fault-tolerant mechanism for entrepreneurs, strictly regulate the legal procedures for handling cases involving enterprises, and prudently take compulsory measures according to law to minimize the impact on normal production and business activities; Provide enterprises with "one-stop" service for litigation, divert the complexity of cases, and quickly mediate and judge simple cases by the fast-cutting team; Resolutely put an end to "new officials ignoring old accounts", and suggest "looking back" on local governments’ arrears of corporate accounts, so as to avoid "everything should be cleared up" on the surface, but it has been delayed for a long time in the name of auditing.
Building a Digital Government and Protecting Business Secrets
Miao Wei, member of Chinese People’s Political Consultative Conference and deputy director of the Economic Committee:
At present, it is difficult to share data across departments, regions and levels, which is still the difficulty and blocking point in building a digital government and optimizing the business environment. In order to accelerate the orderly sharing of data and solve the problem of "digital island", it is suggested that:
Accelerate data legislation. As soon as possible, laws and regulations on the development and utilization of government data and the protection of personal data will be promulgated, a unified big data management organization will be established, and the boundaries of data ownership, management, use and supervision will be defined, so as to realize the collection, aggregation, sharing, management and utilization of data according to law.
Expand data sources. Mobilize the enthusiasm of all social subjects and form an all-round, multi-level and wide-ranging government data information source. Improve data quality, unify standards, optimize management and supervision and monitoring, so that government data can be released in time, responded immediately and fed back quickly.
Strengthen the application of traction. Expand the development of application scenarios, speed up the deep integration of public data and industry data, explore the establishment of a number of high-quality applications based on government data, reflect the actual needs of society, promote the socialized application and convenient use of public data, and continue to promote the improvement of business environment.
Member Chinese People’s Political Consultative Conference and Chairman of Wuhan Gaode Infrared Co., Ltd. Huang Li:
Some employees in high-tech enterprises have mastered the company’s business secrets, but they have been poached by other enterprises with high salaries. There are also some employees who, through frequent job hopping, sell the stolen business secrets of the company to the next enterprise to make a profit. These phenomena are common in high-tech enterprises. On the protection of trade secrets, the following suggestions are put forward:
Further improve the laws, regulations and operational mechanism with the protection of trade secrets as the core. On the one hand, we should speed up the formulation of trade secret protection law, scientifically define the scope of trade secret protection and the protection measures that trade secret holders can take, appropriately reduce the burden of proof of the infringed, increase the punishment, increase the illegal cost, and solve the problem of obtaining evidence of infringement. On the other hand, the relevant departments make conditional open inquiries about the payment of social security by workers.
Launch a special campaign to crack down on infringement of trade secrets. Strengthen the supervision and enforcement of acts of infringing trade secrets, and increase the handling of cases of infringing trade secrets across regions and industries. The relevant departments set up a permanent coordination body to handle complaints, reports and filing of similar cases in enterprises, especially to solve the problems of difficulty in obtaining evidence and filing cases in enterprises.
(Interview by reporter Li Changyu)
People’s Daily (18th edition, February 18, 2021)