Economy

Escort the development of private economy. The National Development and Reform Commission will improve policies and measures in areas such as fair competition

2026-05-25   

On May 21st, the State Council Information Office held a press conference, inviting relevant officials from the Ministry of Justice, the National Development and Reform Commission, and other departments to introduce the relevant information on the special action to standardize administrative law enforcement related to enterprises. Li Hui, Director of the Private Economy Development Bureau of the National Development and Reform Commission, stated at a press conference that the commission will better play its coordinating role in promoting the development of the private economy, organize and carry out the 18 specific measures specified in the "Rule of Law Escort Private Economy" action plan, and improve relevant policies and measures around fair competition, investment and financing promotion, technological innovation, and standardized operation. Promoting policies that benefit enterprises directly and regulating law enforcement related to enterprises is an important means of safeguarding the rights and interests of the private economy, and has played an important role in promoting the development of the private economy. Li Hui stated that the Law on the Promotion of the Private Economy focuses on prominent issues in law enforcement related to enterprises and has set up multiple targeted provisions. Among them, "two should", "two cannot", and "two prohibitions" are more important. Regarding the "two should", Li Hui stated that the first is to "reduce the impact". The Law on the Promotion of Private Economy clearly stipulates that administrative agencies should avoid or minimize the impact on the normal production and operation activities of private economic organizations when carrying out law enforcement activities. Secondly, it should be punished appropriately. The Law on the Promotion of Private Economy clearly stipulates that administrative penalties should be commensurate with the facts, nature, circumstances, and degree of social harm of the illegal act. Li Hui stated that the National Development and Reform Commission will better play its coordinating role in promoting the development of the private economy, organize and carry out the 18 specific measures specified in the "Rule of Law Escort Private Economy" action plan, and increase the implementation of the Private Economy Promotion Law. Li Hui introduced that firstly, we need to improve the supporting system. The National Development and Reform Commission will improve relevant policies and measures around fair competition, investment and financing promotion, technological innovation, and standardized operation. The second is to strengthen law enforcement coordination. Establish a sound mechanism for collecting problem clues, respond to and address key concerns of private enterprises, continue to work with relevant departments to release typical cases, play the role of interpreting laws through cases, and deepen the implementation of special actions to optimize the development environment with a focus on standardizing administrative law enforcement related to enterprises. The third is to establish a sound long-term mechanism, implement policy implementation effectiveness evaluation, promote direct access to preferential policies for enterprises, and guide enterprises to enhance their governance capabilities. Hu Weilie, Deputy Minister of Justice of the Ministry of Justice, stated at a press conference that the special action to standardize administrative law enforcement related to enterprises has achieved significant results. From March last year to the end of March this year, more than 66000 case clues related to prominent issues in enterprise administrative law enforcement have been investigated and rectified nationwide, resulting in a recovery of 30.7 billion yuan in economic losses for enterprises; Various regions have carried out "comprehensive inspections", graded and classified inspections, "scanning codes to enter enterprises", etc., and the total amount of administrative inspections has decreased by 34% year-on-year; More than 600 cases of illegal cross regional administrative law enforcement have been investigated, and over 610 mechanisms for cross regional law enforcement cooperation have been introduced in various regions. After the concentrated rectification of the special action on regulating administrative law enforcement related to enterprises, how will we prevent various types of law enforcement issues related to enterprises from rebounding? Hu Weilie introduced that the Ministry of Justice will focus on three aspects and improve the long-term mechanism for regulating law enforcement related to enterprises. One is to strengthen the construction of law enforcement teams. Currently, the Ministry of Justice is studying and formulating the "Administrative Law Enforcement Personnel Management Measures", which will provide institutional guarantees for strengthening the management of administrative law enforcement personnel, including qualification requirements, training and certification, behavioral norms, and accountability. The second is to strictly regulate administrative law enforcement actions. Hu Weilie stated that it is necessary to further promote the implementation and effectiveness of the three systems of administrative law enforcement publicity, recording of the entire law enforcement process, and legal review of major law enforcement decisions, in order to manage administrative law enforcement from the source, process, and results throughout the entire process. Establish and improve the benchmark system for administrative discretion, refine the scope, types, and magnitude of quantitative discretion, strictly regulate the exercise of administrative discretion, and prevent excessive and severe penalties. The third is to strengthen the supervision mechanism and capacity building of administrative law enforcement. Hu Weilie stated that the "Regulations on the Supervision of Administrative Law Enforcement" is an important institutional achievement in regulating the special action of enterprise related administrative law enforcement, and also an important lever for improving the long-term mechanism of regulating enterprise related administrative law enforcement. Various regions and departments should formulate, revise and improve relevant law enforcement supervision systems based on actual conditions, and ensure that supervision work is systematic and traceable. (Looking into the New Era)

Edit:He Chuanning Responsible editor:Su Suiyue

Source:China Securities Journal

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