Grasp the key to a business environment based on the rule of law

Mondo Social Updated on 2024-01-30

The rule of law is the best business environment, which is already a proposition with considerable consensus. From the perspective of enterprise feelings, the implementation effect of the law-based business environment should be to enable enterprises to achieve equidistant treatment even if they are unfamiliar with the operator, and can do things well without looking for people. These voices are what we often hear in the optimization of the business environment of government affairs, and they have also begun to become the specific operations of many places in optimizing the business environment. However, what are the specific connotations of the business environment under the rule of law, which need to be well defined, otherwise there will inevitably be great ambiguity in everyone's understanding - for example, it refers to improving the efficiency of contract execution and judicial adjudication mentioned in the business environment index system in a narrow senseOr does it mean that more normative policy documents should be used to make the specific work of optimizing the business environment clear?Or does it mean that the law enforcement department needs to go out more and provide more and more open integrated services for enterprises?

If the rule of law refers to the equality of the rights and obligations of the subject in the face of the implementation of the law, then there is no theoretical obstacle, and the real obstacle is whether the restrictions on the scope of behavior, the mode of behavior and the power of behavior of the subject with the right to review and enforce the law are effective, as well as the mode of disposal when the public service promise cannot be realized, or in layman's terms, the restriction on the person with the right, this restriction is not only to prevent inaction, but also to prevent disorderly action, and sometimes even to ensure inaction, and let the market entity act.

When truly realizing the business environment under the rule of law, I think it is necessary to pay attention to the following four specific points: First, strengthen the legislative improvement of the optimization of the business environment, and even need to enhance the current "Regulations on Optimizing the Business Environment" as an administrative regulation, become the "Law on Optimizing the Business Environment", and the relevant spirit and requirements of the rule of law run through the legal provisions. The horizontal service chain promoted by industrial ecological services and social professional service institutions vigorously encourages the construction of the industrialization vertical business environment element service chain around specific industries, and encourages the creation of an industrial business environment that is conducive to the development and upgrading of economic industries under various ownership systemsSecond, strictly restrict the economic resources and administrative allocation channels outside the budget of the resolutions of the power organs, legislative documents and statutory finances, because based on the administrative policy documents, the allocation of economic resources and economic opportunities based on administrative discretion includes a large number of industrial subsidies, tax incentives and state-owned investment, especially over-budgeting, extra-budgetary expenditures, transfer payments using state-owned assets platforms, investment promotion and procurement** The formation of transactions, distorted the market demand-oriented market economy form, the rule of law rules, but also greatly increased the power of rent-seeking, the expansion of the subsidized enterprise group and the specialized service channels familiar with the administrative allocation of resources, the anti-corruption work has formed a great challenge, which especially needs to focus on the management of one enterprise one policy of opaque and special investment conditions allocation, the procurement of systematic related transactions and improper restrictions on fair bidding;Third, pay full attention to legislative work to optimize the business environment, limit the proliferation of policy documents and provisions, strengthen the corresponding intensity of inquiries by power organs for untrustworthy conduct, omission or wrong conduct in government affairs, and establish and strengthen the filing, supervision and review of new administrative policies and administrative law enforcement measures by power organs;Fourth, strengthen the written, open, and contractual nature of administrative commitments, and clarify the consequences of breach of contract and the path of pursuing liability for breach of contract if government service units fail to fulfill government commitments.

The key goal of the construction of the business environment under the rule of law is the construction of the business environment in accordance with the law, not only to optimize the business environment of government services, but also to vigorously develop the business environment matrix composed of the whole service chain of the horizontal business environment and the business environment of vertical industries, determine the service framework in accordance with the law, determine the service level, find the specific service items that the service objects need to be more clear and accurate, enrich the service path, invest sufficient service resources, and emphasize its direct promotion efficiency to the industrial economy.

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