On February 21, the Ministry of Justice, the National Development and Reform Commission, and the Legislative Affairs Committee of the Standing Committee of the National People's Congress jointly held a symposium on legislative work, and the news came out that the drafting of the law on the promotion of the private economy has been launched.
Judging from the circular, the law on the promotion of private economy should "focus on the core concerns of private enterprises such as protecting the property rights of private enterprises and the rights and interests of entrepreneurs in accordance with the law, fair participation in market competition, equal use of factors of production, fair law enforcement and justice, and governance of small and medium-sized enterprises' account arrears", so as to effectively implement the requirements for equal treatment of state-owned enterprises and private enterprises in the legal system with hard measures.
That's certainly a good thing.
In particular, when the Legislative Affairs Commission said that the Law on the Promotion of Private Economy should "focus on protecting the property rights of private enterprises and the rights and interests of entrepreneurs in accordance with the law, fairly participating in market competition, and using factors of production equally", I think this law is still worth looking forward to.
Add ** note, no more than 140 words (optional) But don't raise your expectations too high, and look at it calmly, because the status of the private economy is a big and difficult problem, and it is impossible to solve it with one law.
In fact, frankly speaking, in terms of the purpose of these legislations, they are already included in the previous legal system.
For example, the protection of property rights and the rights and interests of entrepreneurs, of course, also includes the personal rights and interests of entrepreneurs, civil law, property law, criminal law and other laws, is it not important?
But we are not idealists, no matter how it should be, and since there are loopholes in reality, then we should actively fill them.
This is the meaning of the Law on the Promotion of Private Economy.
In other words, its significance is not to duplicate the protection of property rights and human rights in existing laws such as property law and criminal procedure criminal law, but to find a backer for the private economy.
In addition, last year, a new private economic development bureau was established, and everyone should have the impression that there is a high probability that this law was promoted by them into the legislative process.
Therefore, from the perspective of increasing the protection of the private economy, this is definitely a good thing.
If the law is passed, the private economy will form a situation in which the law on the promotion of the private economy is legally relied on, and the private economic development bureau is relied on administratively, which is obviously much better than the previous situation of grandma not caring for uncle and not loving alone.
That's not enough, though.
Because none of these actions have caught the root of the disease.
The key to determining the development of the private economy is **?
In place**.
No matter how good the law is, it must be implemented locally. In this process, the implementation mode of the local government determines the real temperature of the private economy.
The biggest problem with China's rule of law system is that law enforcers have too much discretion.
No matter how many laws there are, there is a huge operating space in the hands of the local **.
Different capabilities, different environments, and different resource endowments determine the development results of different private economies and local economies (extended reading: hard days, talk about the blockages of the economy) To be specific, it is that the local government needs money to maintain its existence.
From his point of view, all expenditures must be settled, and if these settlements are not given by the top and can only rely on themselves, then they must either collect taxes or pay fines.
Therefore, for the local government, there is a standard for whether the private economy is supported or absorbed.
If you can make a significant contribution to the local finances and help the local government to maintain public expenditures such as wages, medical care, education, etc., then the local government will actively support it, and the administrative resources and financial resources of Dahonghua will be inclined to you.
If you can't, you're sorry.
**Private Economic Development Bureau?
I'm sorry, the mountain is high and the emperor is far away, don't say that they can't manage it, even if they can manage it, they can't quench their thirst.
Private Economy Promotion Law?
I'm sorry, which case of civil law, commercial law, and administrative law has not been fought locally? Was the official afraid? What about another one?
Therefore, although the law on the promotion of the private economy is good, it is still necessary to reorganize the relationship between the central government and the local government to turn good into benefits and benefits.
It's a tough task.