Can the market supervision department really dominate the world?
When we were law enforcement officers in the industrial and commercial administration, the market supervision work was all-encompassing, and we were in charge of everything, but there seemed to be no key work, so there was a lot of calls for the abolition of the industrial and commercial administrative departments on the Internet. The reason of netizens is that a catering license is required to open a restaurant, a food business license is required to sell food in grocery stores, supermarkets, and shopping malls, a tobacco monopoly license is required to sell finished cigarettes, a cultural license is required to open an audio-visual product store and a bookstore, a special license and a health permit are required to open a hotel or inn, a dangerous license is required to open a gas station, and a refined oil business license ......These are all licensed by the competent authorities, so what is the use of the industrial and commercial department (for business licenses)?
When we see these cutting-edge views, we can only smile bitterly, because who knows our hardships?
In fact, due to the lack of separation of powers and responsibilities and the lack of clarity of responsibilities between departments, we have been "making wedding dresses" for other departments. In the past, business households came to our industrial and commercial department to handle business licenses involving pre-approval, and we issued a "name pre-approval notice", and then the business households brought the "name pre-approval notice" and other information to the competent department for licensing, so that the competent department can sit back and enjoy the results, and there is no need to carry out market inspections to handle the license;Similarly, we find that we operate without a license in the daily market supervision to be punished, and also force illegal operators to apply for relevant licenses, but some license applications are more cumbersome and take a long time, such as on-site verification, to be approved by the relevant provincial and municipal departments, if the business households during this period (the license has not been processed) illegal acts or safety accidents, accountability, our industrial and commercial departments can hardly escape the blame. This is because there is a general concept among the leaders and ordinary consumers that the industrial and commercial departments are in charge of the market and should be responsible for any accidents, and this phenomenon is widespread at the grassroots level.
In order to change the phenomenon of "lazy administration" and the industrial and commercial sector being exhausted, in 2003, the "Measures for the Investigation and Punishment of Unlicensed Operations" (Order No. 370) was promulgated, Article 4 of the measures clearly divides the work responsibilities of various departments to investigate and deal with unlicensed operations, and divides unlicensed and unlicensed operations into "unlicensed and unlicensed operations", "direct unlicensed operations" (no need to apply for permits), "licensed and unlicensed operations", "expired business licenses (revoked, cancelled) operations", and "unlicensed operations that should be permitted beyond the scope of operations" Five types, and clearly stipulate that for "unlicensed and unlicensed operations" and "unlicensed operations that should be permitted beyond the scope of operation", the public security, land and resources, construction, culture, health, quality inspection, environmental protection, press and publication, drug supervision, production safety supervision and management and other licensing and approval departments (hereinafter referred to as the licensing and approval departments) should also be investigated and dealt with in accordance with the responsibilities conferred by laws and regulations, which is actually the prototype of "who is in charge, who supervises, who approves, who supervises".
In 2014, the reform plan of the registration system was introduced to further optimize the business environment, reduce the registration threshold, and successively issued "one regulation and five regulations" to encourage "mass entrepreneurship and entrepreneurship".In 2015, the promulgation of the "Opinions on Strengthening Supervision During and After the Event" Reform (Guo Fa [2015] No. 62) not only further lowered the threshold for enterprise registration, turned many pre-approvals into post-approval or filing, but also clearly stipulated the principle of "who is in charge, who supervises, who approves, who supervises", and clarifies the regulatory departments and approval departments. In this way, in the context of rectifying and standardizing the market economic order, the introduction of the "Measures for the Investigation and Punishment of Unlicensed Operations" has not adapted to the development of the market economy, so in 2017, the "Measures for the Investigation and Punishment of Unlicensed and Unlicensed Operations" (Order No. 684) was promulgated, and the "Measures for the Investigation and Punishment of Unlicensed Operations" was abolished, which further implemented the principle of "who is in charge, who supervises, who approves, and who supervises".
For example, Article 5 of the Measures stipulates that "if an operator engages in business activities without obtaining a license in accordance with the law, it shall be investigated and dealt with by the departments specified in laws, regulations and decisions;."Where laws, regulations, or decisions do not provide for them or the provisions are not clear, they shall be investigated and dealt with by the departments determined by the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government." * In line with the perspective of lowering the registration threshold, the penalties for unlicensed and unlicensed operations have been reduced, such as the amount of fines for providing business premises, transportation, storage, warehousing and other conditions for unlicensed operations, and the amount of fines for general violations has been reduced from 20,000 yuan to less than 5,000 yuan;In 2021, the "Regulations of the People's Republic of China on the Registration and Administration of Market Entities" was promulgated, and Article 43 of the "Measures" stipulates: "If a person engages in business activities without establishment and registration, the registration authority shall order it to make corrections and confiscate the illegal gains;where corrections are refused, a fine of between 10,000 and 100,000 RMB is to be imposed;where the circumstances are serious, order the closure and suspension of business in accordance with law, and give a fine of between 100,000 and 500,000 RMB. It can be seen that the registration authority for unlicensed and unlicensed business activities must first order corrections (only confiscation of illegal gains), and if they refuse to make corrections, they can impose a fine and financial penalty.
From the above development process of the investigation and handling of unlicensed and unlicensed business activities, we can make two points clear: First, the state has clarified the responsibilities of the competent departments and regulatory departments by clarifying the principle of "who is in charge, who supervises, who approves, and who supervises", and unloads the heavy burden of "covering the world" for the market supervision department (formerly the industrial and commercial department), and reduces the law enforcement risk of market regulators;The second is to adopt the principle of "tolerance and prudence" for unlicensed and unlicensed business behaviors, as long as it is not an unlicensed and unlicensed business behavior that has a bad impact and great social harm, it is necessary to implement the basic principle of "combining punishment and education" in the "Administrative Punishment Law", and give light punishment, reduce punishment, or even exempt from punishment, which also reflects the determination of the state to encourage entrepreneurship and promote the development of market economy.
However, how these national guidelines and policies and principles are implemented at the grassroots level, the author feels that it can only be described in the words "unsatisfactory", which is embodied in the following aspects:
First, some localities still follow the traditional concept of the market supervision department to dominate the world. When there is a problem in the market, the first thing that comes to mind is the market supervision department. This reminds me of a joke that circulated: the thinking mode of the United States, as long as the United States has something overseas, the first thing Mr. ** will ask is: "Where is our aircraft carrier?"."Especially in 2019, after the three bureaus of industry and commerce, quality inspection, and food and drug administration were combined to form a market supervision bureau, and the responsibilities of salt affairs, science and technology, intellectual property rights, and commercial market supervision were assigned to the market supervision bureau, the situation was even more severe. There are some thankless things that the competent departments are unwilling to manage, so they use their own lack of law enforcement power as an excuse, and finally fall on the heads of our market supervision departments. Because in the minds of individual leaders, it is still a traditional concept, and the market supervision department is in charge of the market. As a result, almost all the special market rectifications of our market supervision departments are either the leading bureau or member units, which makes the grassroots law enforcement personnel exhausted, dizzy, and complaining all day long. Of course, if something happens, every time the market supervision department is held accountable.
Second, individual leaders at the grassroots level have a strong sense of governance. At present, the state vigorously advocates the rule of law and the construction of the rule of law, while individual leaders do not study the law. I don't understand the law, I think I am a hegemon, and what I say is the law, and I don't allow the regulatory department to justify it, and forcibly assign some work that does not fall within the scope of responsibility of the market supervision department to the market supervision department, and forcibly assign some unattended things to the market supervision department, but the market supervision department has to take it, and the staff has to do it, because these jobs are all plus points in the year-end assessment, and the leader has the "sword above" of discipline inspection and supervision in his hand, and he can be held accountable for inaction at every turn.
Third, there are so many things in market supervision that even the staff do not know which jobs they should do and which are the "responsibility fields" of others. Now the market supervision department in addition to doing a good job in their own market supervision and administrative law enforcement work, but also to complete the local party building, party style and clean government, rule of law construction, market entity development work, of course, the creation of food safety city, the creation of assured consumption, the creation of safe construction, the quality of the county work and other creation work is indispensable, not counting the "doubles" of the superior business department, iron fist action, telecommunications fraud, Pension fraud and other special rectification work, these work are rigid indicators of year-end assessment, related to the interests of the unit. Of course, you don't just do these jobs, but also "leave traces", so you have to sort out all kinds of information, report all kinds of reports, and meet the supervision of superiors at any time to meet the "big test" at the end of the year. In addition, we must always beware of the prevarication of relevant departments, such as the safety supervision of gas use by catering households, the responsibility of the commercial department for the supervision of the bazaar, the supervision of the agricultural market is the responsibility of the agricultural department, the supervision of off-campus training institutions is the responsibility of the education department, and the responsibility of the environmental protection department for air pollution control.
In this way, even if the market regulators have three heads and six arms, and give up their small families for everyone, they will not be able to complete such a massive amount of work. Therefore, some law enforcement officers complained, saying that our Market Supervision and Administration Bureau is the "first bureau in the universe" that governs the heavens and the earth, and some people joked that the name of the Market Supervision Bureau was not good, of course, these are all jokes.
The author believes that the market supervision bureau has created this situation of inexhaustible work and unfinished work, the most important thing is that the local government and relevant departments have not strictly implemented the national guidelines, policies and laws and regulations, the local government has not clarified the work responsibilities of various departments, and the relevant departments have not effectively performed their job duties.