Ministry of Commerce Guiding Opinions on Further Deepening the Reform of Comprehensive Administrative Law Enforcement System for

　　Shangzhi letter [2017] 885

 

 

　　The competent commercial authorities of provinces, autonomous regions, municipalities directly under the Central Government, cities under separate planning, and Xinjiang Production and Construction Corps:

 

　　Deepening the reform of the commercial comprehensive administrative law enforcement system is an important measure to implement the spirit of comprehensively governing the country according to law, building a government under the rule of law, and promoting the spirit of “distribution and management”. It is necessary to rationalize the comprehensive law enforcement management system, enhance post-event supervision capabilities, and regulate market order and construction. Legalizing the business environment is of great significance. Since 2016, the Ministry of Commerce and the Central Commissioner have jointly launched trials in the reform of the comprehensive administrative law enforcement system for business in 10 cities. They actively explored aspects of law enforcement duties, integrated law enforcement functions, standardized law enforcement behaviors, and strengthened cooperation in law enforcement, effectively concentrating law enforcement. The power has increased the efficiency of supervision and has achieved remarkable results. However, the business system still has outstanding problems such as unclear supervision duties, unfavorable law enforcement systems, decentralized law enforcement forces, lack of law enforcement, and inadequate guarantee conditions. To implement the “Outline for the Implementation of the Construction of the Rule of Law (2015-2020)” (Zhongfa [2015] No. 36) and the “Opinions of the State Council on Promoting the Legalization of the Business Environment for the Modernization of Domestic Trade and Circulation” (Guofa [2015] 49 No. ), “The 13th Five-Year Plan for Market Supervision” (Guo Fa [2017] No. 6), “The 13th Five-Year Plan for the Development of Domestic Trade Circulation” (No. 430 of Shang Jian Fa [2016]) and “About the Ministry of Commerce To promote the reform and development of basic business operations” (Commercial Comprehensive Development [2017] No. 281), and with the approval of the Central Commissioner of Commerce, the following opinions are proposed on the reform of the national comprehensive commercial administrative enforcement system.

 

　　First, the overall requirements

 

　　(a) The guiding ideology.

 

　　Deeply implement the spirit of the Nineteenth National Congress of the Communist Party of China, take Xi Jinping’s socialist ideology with Chinese characteristics as the guide, earnestly implement the decision-making and deployment of the Party Central Committee and the State Council, and make overall plans to promote the overall layout of the “Five in One” and coordinate the promotion of the “four comprehensive” strategic layouts. Unswervingly implement the development concept of innovation, coordination, green, openness, and sharing, adhere to the administration according to law, establish a big business concept, and follow the principle of “who approves, who supervises, who is in charge, and who supervises” and takes the reform of institutional mechanisms as the core Accelerate the transformation of regulatory concepts, systems, and methods, from decentralized single supervision to integrated forces, and comprehensive supervision, from the emphasis on administrative measures to the use of administrative, legal, economic, and information, and other means to promote the establishment of comprehensive commercial law enforcement that suits modern market systems. The supervision system strictly regulates the fair and civilized law enforcement, and provides law enforcement protection for maintaining market order and creating a legal business environment.

 

　　(b) The overall goal.

 

　　By 2020, it will effectively integrate law enforcement functions and resources in the business sector, establish scientific and regulatory compliance levels, strengthen the enforcement and enforcement system for business supervision, and establish basic business functions such as clear responsibilities, clear boundaries, standardized behaviors, strong guarantees, and efficient operations. The system has initially formed a law enforcement and supervision system that is compatible with the development of business reforms.

 

　　(c) Basic principles.

 

　　1. Insist on administration according to law. To uphold the statutory responsibilities must be that the law has no authority to do anything, clean up and reduce law enforcement matters, regulate discretionary powers, and insist on strictly regulating fair and civilized law enforcement.

 

　　2. Adhere to reform and innovation. We will innovate the regulatory mechanisms and supervision methods for business law enforcement, promote smart supervision, credit supervision, and precise supervision, strengthen post-event supervision, and increase supervision and enforcement effectiveness.

 

　　3. Adhere to consistent powers and responsibilities. Formulate lists of powers and responsibilities, clarify the functions of comprehensive law enforcement agencies, clarify the boundaries of responsibilities, reduce the overlap of responsibilities, and implement law enforcement responsibilities.

 

　　Second, the main task

 

　　(a) Integrate comprehensive law enforcement functions. Responsibility for business law enforcement shall be borne by the authorities in principle, and comprehensive law enforcement may be carried out by relying on internal institutions. We must clear up the issues of reduction, consolidation, and merger and enforcement and establish a list of law enforcement issues. Relatively separate administrative functions such as supervision and inspection, administrative punishment and administrative law enforcement functions, policy formulation, access permission, and industry promotion, etc., concentrate administrative law enforcement functions, and implement comprehensive administrative enforcement. Areas where conditions permit can be combined with reality to carry out more comprehensive law enforcement. To clarify the relationship between the comprehensive law enforcement agencies and the administrative authorities, and accelerate the establishment of a clear and coordinated operational mechanism between the administrative management functions and the administrative law enforcement functions.

 

　　(b) Optimize the allocation of law enforcement forces. We will straighten out the law enforcement responsibilities at the provincial, municipal, and county levels, and encourage law enforcement forces to tilt toward the grassroots. In addition to undertaking statutory supervision and law enforcement duties, the provinces, autonomous regions, and municipalities directly under the central government are mainly responsible for establishing and improving the administrative law enforcement work system for administrative divisions and supervising and guiding the supervision and guidance of major cases and coordination. At the city and county levels, the law enforcement forces at the grassroots level should be strengthened through internal integration, optimizing the structure, revitalizing stocks, and tapping potentials, and scientific and rational positions should be established. Urban and municipal jurisdictions implement a level 1 law enforcement in principle. Enrichment and optimization of personnel strength, strict implementation of law enforcement officers holding certificates and qualification management system to ensure that the team full-time and personnel specialization.

 

　　(c) Strictly regulate law enforcement behavior. Develop and publish a list of business law enforcement powers and responsibilities. Compared with each law enforcement responsibility, it clearly defined the duties, clearly defined law enforcement methods, and optimized operational procedures. Formulate rules for business law enforcement, detail job responsibilities, and implement law enforcement responsibility and accountability systems. We will improve the law enforcement supervision process, establish a sound system for publicizing administrative law enforcement, record the entire process of law enforcement, and review the legal system for major law enforcement decisions. Establish a sound reference system for administrative discretion, refine and quantify administrative discretionary standards, and regulate the scope, type, and scope of discretion, and strengthen the control and supervision of administrative power. Establish and improve supervision, assessment and incentive mechanism.

 

　　(D) innovative law enforcement methods. Adapt to the development trend of new technologies and new formats, improve the traditional law enforcement methods, and fully implement the “double random, open” supervision. Accelerate the supervision of law enforcement information construction, rely on Internet, big data and other technologies, promote the online operation and management of case handling procedures and law enforcement, and improve statistical analysis and monitoring and early warning capabilities. Establish the integrity records of operators, give play to the role of the credit system, and promote classified supervision.

 

　　(v) Strengthen cooperation in law enforcement. Strengthen the horizontal cooperation and vertical linkage of business law enforcement and establish a sound inter-departmental and cross-regional coordination mechanism. We will improve the interface between administrative enforcement and criminal justice, standardize the standards and procedures for the transfer of cases, and seamlessly integrate administrative enforcement with criminal justice. Strengthen inter-departmental supervision of law enforcement information sharing and case notification, and improve the effectiveness of law enforcement coordination and supervision.

 

　　(6) Give play to supervision of the social industry. Establish and improve the 12312 business report complaints service system, free telephone, window, e-mail and other public reports and complaints channels, improve the case acceptance, transfer supervision mechanism and process, improve service levels. Strengthen mutual cooperation with related industry organizations, strengthen the main responsibility of enterprises, enhance self-discipline, and guide enterprises to become supervisors and maintainers of the industrial order. Mobilize the monitoring power of third parties, industries, the public, and the media to form a new regulatory structure in which social forces participate in the maintenance of market order.

 

　　Third, organization and implementation

 

　　(I) Strengthen organization and leadership. Deepening the reform of the comprehensive administrative law enforcement system for commercial affairs is an important measure for implementing the administration according to law and reforming the “distribution service”. It is necessary to actively seek the support of local party committees and governments, and promote the establishment of cross-departmental businesses led by the government, commerce, and establishment departments. Comprehensively reform the administrative law enforcement system to coordinate work mechanisms, strengthen work coordination, study and resolve outstanding problems encountered in reforms, and ensure that reform measures are put in place. The Ministry of Commerce follows and supervises the progress of reforms, sums up experience in a timely manner, finds problems, and promotes reforms to achieve substantial results.

 

　　(b) Strengthen law enforcement capacity building. Business departments at all levels must actively seek local government support, coordinate relevant departments such as finance, human resources and social security, improve the business law enforcement protection mechanism, strengthen business training, and include business law enforcement work funds and capacity building funds in the scope of financial security at the same level, and rationally allocate The necessary traffic, communications, investigation, evidence collection and other equipment for law enforcement shall be used to improve the law enforcement conditions and ensure the need for law enforcement.

 

　　(c) Strengthen communication and publicity. Give full play to the role of traditional media and emerging media, widely disseminate advanced experience in business law enforcement, typical practices, and play a leading role in advanced demonstration; increase the intensity of law enforcement, vigorously promote the popularization of laws and regulations in the commercial field, promptly expose typical cases of violation of laws and regulations, and strengthen warning education To create a good atmosphere of public opinion.

 

 

　　Business Department

 

　　November 24, 2017