China News Service, December 20. According to the website of the State Administration for Market Regulation, the State Administration for Market Regulation has recently issued the "Implementation Outline for the Construction of Market Regulation under the Rule of Law (2021-2025)" (hereinafter referred to as the "Outline").
Among them, it is clear to strengthen anti-monopoly and anti-unfair competition, credit supervision, price supervision and other aspects of legislation; strengthen and improve anti-monopoly and anti-unfair competition law enforcement, and resolutely punish acts of monopoly and unfair competition that damage the business environment.
The "Outline" clarifies the overall goal of the construction of market supervision under the rule of law (2021-2025), that is, by 2025, a market supervision system with clear responsibilities, performance of duties in accordance with the law, and smart and efficient market supervision system will become more and more perfect, the market supervision legal system will be more perfect, and the market supervision administration will be improved. Law enforcement is more efficient, market supervision and rule of law supervision are strengthened, market supervision and rule of law guarantees are stronger, market supervision and rule of law construction promotion mechanism is smoother, and the work of rule of law market supervision and construction is raised to a new level, in order to achieve the basic establishment of a country ruled by law and a government ruled by law by 2035 , A society under the rule of law, contribute market supervision power and wisdom.
The "Outline" is based on the actual situation of market supervision departments, and fully implements the "Plan for the Construction of the Rule of Law in China (2020-2025)", "The Implementation Outline for the Construction of a Rule of Law Government (2021-2025)" and "The Implementation Outline for the Construction of a Rule of Law Society (2020-2025)" The major initiatives include 28 items in six parts.
The first is the overall requirements. The "Outline" clarifies the guiding ideology, main principles and overall goals for the construction of market supervision under the rule of law.
The second is to improve the legal system. The "Outline" emphasizes the need to adhere to scientific legislation, democratic legislation, and law-based legislation, actively build a systematic, scientifically standardized, and effective market supervision legal system, and strengthen market supervision legislation and improve legislative work Make specific arrangements in terms of mechanisms, strengthening the supervision and management of the formulation of administrative normative documents, and comprehensively improving the level of rule of law in administrative decision-making.
The third is to improve and improve the implementation system of the rule of law. The "Outline" emphasizes that statutory duties must be done, and no law is authorized to do nothing, adhere to strict, fair and civilized law enforcement, and strive to form a full coverage, zero tolerance, more transparent, effective, and safe pre-event Supervision system during and after the event, and from the comprehensive implementation of a list management system, continuous optimization of the legalized business environment, strengthening of supervision during and after the event based on credit supervision, strengthening of supervision and law enforcement in key areas, promoting innovation in supervision methods based on smart supervision, and standardizing administrative law enforcement Make specific arrangements in terms of behavior, improve the working mechanism for responding to emergencies, and improve the mechanism for resolving conflicts and disputes.
The fourth is to improve and improve the rule of law supervision system. The "Outline" emphasizes that power must have responsibilities, responsibilities must be undertaken, and failures must be held accountable, improve power operation restriction and supervision mechanisms, and ensure that various market supervision responsibilities are obtained in accordance with statutory authority and procedures. Fully implement, and make specific arrangements in terms of improving the supervision mechanism, strengthening law enforcement supervision, strictly implementing the administrative law enforcement accountability system, and comprehensively promoting open government affairs.
The fifth is to improve the rule of law guarantee system. The "Outline" emphasizes the need to further improve the market supervision function system, vigorously strengthen the legal capacity building of the cadre team, improve the working conditions of the rule of law construction, create a good legal environment, and provide a solid guarantee for the construction of the rule of law market supervision. Consolidate the achievements of institutional reforms, strengthen the construction of administrative capacity according to law, improve the work system of public lawyers and legal advisors, strengthen the construction of basic-level infrastructure, and actively create a good legal environment.
The sixth is to strengthen party building. The "Outline" emphasizes the need to adhere to the overall leadership of the party, put the promotion of market supervision under the rule of law in a more prominent position in the overall work, adhere to the overall rule of law work, the rule of law in the overall work, and integrate and mobilize all aspects Resources and strength to form a strong synergy to promote the construction of the rule of law market supervision, and make specific arrangements in terms of fully implementing the Constitution, strengthening the party's leadership over the construction of the rule of law market supervision, and establishing and improving the guidance and evaluation mechanism for the construction of the rule of law market supervision.
Among them, with regard to perfecting and perfecting the legal and regulatory system, the "Outline" proposes to strengthen market supervision legislation.
Strengthen anti-monopoly and anti-unfair competition, credit supervision, price supervision and other aspects of legislation, and promote the formation of a unified domestic market with high efficiency, regulation and fair competition.
Promote the improvement of laws and regulations in the field of food and medicine, and solve the problems of whether it is hard or not, whether it is strict or not, and whether it is serious or not.
Strengthen legislation on the quality and safety of special equipment and industrial products, and earnestly safeguard the safety of people's lives and property.
Strengthen legislation on measurement, standardization, certification and accreditation, inspection and testing, and promote the construction of national quality infrastructure.
Strengthen legislation on intellectual property rights such as patents and trademarks, and promote innovation-driven development.
Strengthen legislative coordination, and actively promote the implementation of anti-monopoly law, measurement law, product quality law, consumer rights protection law, interim regulations on corporate information disclosure, regulations on market supervision and management, administrative penalties for price violations, certification and accreditation regulations, special equipment The formulation and revision of laws and regulations such as safety supervision regulations.
Actively participate in the construction of legislation and supporting systems related to the Civil Code and epidemic prevention and control, and participate in the improvement of the corporate social responsibility legal system.
Improve the rules and regulations clean-up work mechanism, carry out the regulations clean-up in a timely manner, and enhance the systemicity and coordination of market supervision regulations.
The "Outline" also mentions strengthening supervision and law enforcement in key areas.
Strengthen and improve anti-monopoly and anti-unfair competition law enforcement, and resolutely punish monopolistic and unfair competition behaviors that damage the business environment.
Intensify efforts to crack down on pyramid schemes, use technical means to identify new types of pyramid schemes in the name of e-commerce, micro-business, consumer rebates, etc. under the new situation, and investigate and deal with direct selling violations in accordance with the law.
According to the division of responsibilities, urge cybersecurity and informatization enterprises to implement the main responsibilities of cybersecurity and perform the security management responsibilities stipulated by law; strengthen the protection of business secrets, personal privacy, and personal information.