Xinguan manages old accounts and Qingdao repays 3 billion of accounts owed to enterprises
Qingdao cleans up the arrears of private enterprise SMEs account rate has reached 100%; encourage "private to sue officials", the administrative person in court rate has reached 100% in October last year
Last year, Qingdao intensified its efforts to clean up the arrears of small and medium-sized enterprise accounts owed to private enterprises. Last year, the city repaid over 3 billion arrears of private SMEs.
During this period, Qingdao encouraged "private officials to sue officials" and demanded that officials consciously appear in court to respond. The attendance rate of chief executives increased from 32% in 2018 to 72.5% in 2019, and has reached 100% in October 2019. On March 23 this year, the Standing Committee of the Qingdao Municipal Committee discussed and passed the "Implementation Opinions on Promoting the Heads of Administrative Organs to Appear, Speak, Dissolve, and Governance in Administrative Litigation."
4 months to clarify ten years of old accounts, an enterprise received over 40 million compensation
In September 2006, the investment promotion of Daxin Town, Jimo District, Qingdao City introduced several projects, but no suitable land use indicators. In order to support the local economic development of Jimo, Xinhuajin Group returned two land certificates totaling 1142.41 mu to Jimo Land Bureau without signing land compensation and signed a three-party Agreement.
In 2007, the national land policy changed, and the net proceeds of local land auctions were handed over to the country, and Daxin Town, Jimo District lost the land proceeds and was unable to implement the agreed repayment of the Agreement. At the same time, due to the relatively slow accumulation of tax contribution retention of newly settled enterprises, the tight financial funds of Jimo District, coupled with the replacement of local leaders who are familiar with the situation and the adjustment of personnel in the handling department, etc., it has become more and more difficult to implement the agreement. Managing old accounts.
Over the years, Xinhuajin Group has been under great operating pressure. In April 2019, the Group submitted the "Report of Xinhuajin Group on the Land Issues of Jimo Daxin Town" to the Jimo District Committee. After the Jimo District received the report, the main leaders of the district committee instructed the establishment of a special class led by the deputy head, composed of the principals of the Judicial Bureau, Natural Resources Bureau, Finance Bureau, and Daxin Town, to be responsible for cleaning up the historical issues. The special class started in September 2019, and in just 4 months, it cleared over ten years of complicated accounts, and agreed that the Daxin Town Government should settle the above-mentioned land compensation amount at 42.518365 million yuan at a time.
The person in charge of Xinhuajin said that the special work class has solved this big problem, the work efficiency is high, and the urging force is very admirable.
Solve the "difficult and complicated diseases" left over by history related to land compensation
Jimo District solves the problems left over by the history of Xinhuajin Group ’s land compensation, which is just the tip of the iceberg in which the entire Qingdao city cleans up the arrears of private enterprise SMEs in 2019.
In 2019, the total amount of arrears in Qingdao city was 3.036 billion yuan, and the total amount repaid was 3.036 billion yuan. The settlement rate was 100%. Municipal Finance Bureau, Municipal SASAC, Shinan District, Shibei District, Licang District, Laoshan District, Chengyang District, Jimo District, West Coast New District, Jiaozhou City, Pingdu City, Laixi City, High-tech Zone, Bonded Port District 14 districts and cities (units) have completed the target task of 100% repayment rate.
Among them, the five districts and cities of Licang District, Laoshan District, West Coast New District, Pingdu City, and Bonded Port District completed the target task of 100% settlement rate one month in advance.
There are actually many difficulties behind the city's 100% liquidation rate.
Taking the land compensation of Xinhuajin Group as an example, since 2006, the two land projects have been continuously replaced and changed, intertwined, unable to determine the exact amount of compensation at one time, and gradually accumulated into old accounts. During more than ten years, Jimo District Industrial and Information Bureau, Finance Bureau, and Daxin Town Government coordinated many times, but the "Agreement" has not been implemented.
The head of the special class for clearing arrears of private enterprise SMEs' accounts said that land-related issues are more difficult, mainly including “three difficulties”: difficult to collect land transfer fees, difficult to transfer land, and difficult to punish approved projects that have not been provided for. .
"Because of the increase in land prices and other factors, the gap between the land transfer fee charged by the enterprise and the original agreement price is large. It is difficult for the enterprise to accept it and it is difficult to reach an agreement, which makes it difficult to collect the land transfer fee. Due to the adjustment of the plan, the nature of the land has changed, resulting in some projects It is difficult to transfer the land for the land-use formalities; some projects are difficult to accept the punishment because the government agrees to the construction, resulting in the inability to replenish the procedures for expropriation of agricultural conversion. "The person in charge said.
In addition, in the liquidation process, some "bone" tasks are more difficult to solve. For example, in the case of investment attraction issues, specific preferential policies have not yet been issued to clean up and resolve historical legacy issues. Some districts and municipal governments and enterprises have insufficient motivation and strong desire to solve the problems. There are also government investment issues due to individual districts and streets The financial pressure is greater, hoping to obtain financial support from superiors.
The Secretary of the Municipal Party Committee said bluntly that "new officials ignore old accounts" is a manifestation of legal blindness
In order to solve these problems, Qingdao attaches great importance from top to bottom.
Wang Qingxian, member of the Standing Committee of the Shandong Provincial Party Committee and Secretary of the Qingdao Municipal Committee, has repeatedly asked the party and government organs to clean up the implementation of the contract.
"Regulating and restricting public power is the focus of the rule of law; as an administrative legal person, the government must respect the law," new officials ignore old accounts ", is a manifestation of legal blindness, and is an illegal act; the government is the main body of the legal person, and the official is only the legal representative. The representative has changed, and the legal entity has not been changed. It is necessary to fulfill the responsibility of the legal person. "In June 2019, Wang Qingxian directly addressed the opening ceremony of the 2019 Zhenghe Island Changemaker Annual Conference held in Qingdao and the opening meeting of the Qianqi to help the Qingdao Development Bank. It is illegal to point out that "new officials ignore old accounts".
Qingdao City established a special working group composed of Mayor Meng Fanli as the team leader, relevant leaders of the city ’s four major groups and the heads of multiple government departments. There are a comprehensive group, an investment promotion group, a talent recruitment and wisdom group, a government investment group, The five advancing groups involved in the law-related litigation group, each district, city, and main functional area have established special classes at this level.
The Qingdao Municipal Party Committee Political and Law Commission formulated the "Guiding Opinions on Giving Full Play to the Function of Political and Legal Functions to Serve the Special Clean-up of Contracts Performed by the Party and Government Organs in the City", and proposed specific measures for the "eight fast": "Rapid judicial introduction, rapid acceptance of appeals, and rapid administrative litigation Mediation, rapid conclusion of contract-related performances by party and government groups, rapid conclusion of contract-related performances by party and government groups, rapid provision of legal services for large enterprises and large projects, rapid supervision of breach of contract by party and government groups, and rapid coordination and supervision of major and difficult cases by party and government groups ".
Clearly request the person in charge of the administrative organ to appear in court to respond
The problem of arrears of accounts of small and medium-sized enterprises in private enterprises may be turned into administrative litigation cases. Such cases are called "civilian accuser", "accounting for officials but not seeing officials" was the previous "normal". According to the data, in 2018, the heads of administrative organs of the Qingdao Municipal Court throughout the year responded to 652 person-times. The rate of responding to the court ranks lower in the province, and no official person in charge responded to the court.
"In order to govern the 'arrogance of power', in 2019, Qingdao took the head of the administrative organ to respond to the court as an important measure to promote the construction of the government under the rule of law. The" Peaceful Qingdao Construction Offensive "clearly stated that the head of the administrative organ to respond to the court reached a rate of 100 % Target. "Li Fangmin, president of the Qingdao Intermediate Court, said.
By October 2019, the head of the court administrative organs of Qingdao city had a 100% court response rate, and 71 cases at the county level or above were present in court, accounting for 14.29% of the cases of the person in charge. On the morning of March 23 this year, the Standing Committee of the Qingdao Municipal Committee discussed and passed the "Implementation Opinions on Promoting the Heads of Administrative Organs to Appear, Speak, Dissolve, and Governance in Administrative Litigation" to further strengthen the requirements of the heads of administrative organs to respond to court .
At the same time, Qingdao took the lead in the nationwide trial of government procurement legal services to urge the implementation of the policy of benefiting enterprises in July 2019. The reporter learned from the Qingdao Municipal Bureau of Justice that Qingdao Municipality and Chengyang District and Jimo District were selected as pilot areas, and a total of 13 law firms were selected to identify 140 Huiqi lawyers. These Huiqi service teams analyze and judge the problems in the middle, help them come up with ideas, think about countermeasures, and promote the resolution of historical problems in accordance with laws and regulations. At present, it has solved more than 100 practical difficulties for enterprises.
Wang Qingxian, member of the Standing Committee of the Shandong Provincial Party Committee and Secretary of the Qingdao Municipal Party Committee, repeatedly emphasized the importance of "the head of the administrative organ responds to the case": "If you do not appear in court, it means that the main leaders have a strong sense of the rule of law." "You are wrong, ordinary people If you sue you, you will appear in court, so that when formulating and enforcing laws and regulations, you will always have the sense of legal awareness. "" The last time you went to court, as a defendant, you lost a lawsuit and returned to the global authorities. Comrades will take a lively law-rule education class and a lively law-rule government building class, which will be more intuitive, direct, efficient, and effective. "To encourage" civilians to sue officials, "they will be published in Qingdao Daily, Qingdao TV and other media More than 20 cases of “civilian sue” won typical cases, further creating an atmosphere and allowing market-oriented and rule-of-law concepts to penetrate into the blood, becoming a consciousness and a habit.
Improve the system to prevent the occurrence of new arrears from the source
This year, Qingdao will establish and improve the mechanism for preventing new arrears, strict project approval system, and improve the social credit system to prevent the occurrence of new arrears from the source. This year, Qingdao will continue to complete the work of clearing debts, do a good job of verifying the authenticity of repaid accounts, verify the repayment vouchers one by one, improve the authenticity audit files, ensure that the arrears of small and medium-sized enterprises of private enterprises are truly in place, and seriously investigate fraud.
In order to eliminate government defaults caused by policy inconsistency, Qingdao recommends to standardize or even abolish the "one case, one discussion" phenomenon of investment attraction. In addition to the preferential policies that can be set by the key industries in the districts and cities, other policies for attracting investment are uniformly formulated by the city to avoid lowering the threshold and relaxing the conditions for competition for projects between the districts and cities to form vicious competition.
To make enterprises comfortable and entrepreneurs comfortable is becoming a conscious action throughout the city. In particular, the political and legal authorities have taken the lead in promulgating a series of policies and measures that benefit enterprises and benefit enterprises, and have achieved good results. Song Yongxiang, member of the Standing Committee of the Qingdao Municipal Party Committee and Secretary of the Political and Legal Committee, said that all municipal law organs consciously acted as legally protected "escorts", "development attendants", and "combatants" who solved problems. The business environment of the rule of law for pro-business and safe business.
Beijing News reporter Li Yukun