We should focus on the general requirements of the theme education of "learning ideas, strengthening party spirit, emphasizing practice, and making new contributions", further consolidate the judicial mission and responsibility of optimizing the business environment under the rule of law, focus on the judicial needs of enterprises and the masses, adhere to problem-oriented and goal-oriented, enhance the sense of benchmarking and service, dare to overcome difficulties, break the waves, and fully demonstrate the new style of high-quality development of court work in the new era.
At present, the second batch of education on the theme of studying and implementing the ideology of socialism with Chinese characteristics in the new era is going deeper and more practical. We must study and practice the socialist thought with Chinese characteristics in the new era, deeply practice the thought of the rule of law, and effectively transform the great power of thought into a powerful force to promote the high-quality development of work, consolidate the judicial mission and responsibility of the people's courts in many aspects, and create a law-based business environment is one of the important missions.
It is necessary to earnestly enhance the political position of optimizing the business environment under the rule of law. On February 25, 2019, at the second meeting of the Committee for Comprehensive Rule of Law, the general secretary emphasized that "the rule of law is the best business environment", which profoundly clarified the relationship between the rule of law and the business environment, emphasizing the equal protection of the property rights and legitimate rights and interests of all types of market entities in accordance with the law, and implementing it in all aspects of legislation, law enforcement, justice, and law-abiding. The rule of law is an important means to promote high-quality development and optimize the business environment, and it is also the most fundamental and stable guarantee. It is of great significance to comprehensively incorporate the optimization of the business environment into the track of rule of law for the current profound transformation of the best functions and the continuous optimization of the business environment. As an important part of the thought of socialism with Chinese characteristics in the new era, the concept of the rule of law in the business environment responds to the internal institutional needs of the sustainable development of the economy in the new era, reveals the grand intention of deepening reform, and also emphasizes people-oriented, responding to the individual needs of market entities from the micro level, as the value balance between the multiple needs of society and between society and individuals - the fundamental value position of the supremacy of people's interests. **The important assertion of the general secretary has pointed out the direction of efforts and provided fundamental guidance for the people's courts to give full play to the role of adjudication functions and optimize the construction of a business environment based on the rule of law. We must adhere to the guidance of the rule of law, implement the decision-making and deployment requirements of the Supreme People's Court on optimizing the business environment, firmly establish the concept that everyone is a builder of the business environment and cases are the touchstone of the business environment, and actively participate in the construction of a market-oriented, law-based and international business environment.
It is necessary to take the pulse of the current difficulties and plugging points that affect the optimization of the business environment under the rule of law. At present, there are many factors affecting the optimization of the business environment under the rule of law, which are mainly reflected in: First, the legal system suitable for the development of the market economy is not perfect. Since the reform and opening up, China has gradually established a socialist market economy legal system, but with the rapid development of the economy, the legal system and policies in some fields have been unable to meet the actual needs of the economy and society; Second, some ** departments or staff are not strict in law enforcement, and administrative examination and approval are inefficient. In some places, the relevant departments or staff of the enterprise have lax law enforcement, selective law enforcement, and interests first, and even more power in exchange for benefits, favoritism, and disruption of the market economic order, resulting in a decline in the trust of market entities in the relevant departments or staff, and undermining the social credit system; Third, the judicial supervision mechanism is not perfect, and the efficiency of judicial adjudication needs to be further improved. The judiciary is the ultimate guarantee for the rights and interests of market entities, and judicial fairness and impartiality are conducive to building a good business environment. The core elements involved in business activities, such as rational allocation of resources, fair commercial competition, honest and legal operation, and free and fair trade, must be maintained by a fair judiciary; Fourth, the level of rule of law is uneven, and some market entities have a weak awareness of the rule of law. On the one hand, the market entities and the public do not have a strong sense of trust in the law, and many enterprises and the public still do not have enough trust in the first authorities and the legal system, which leads to the impact of the authority of the first and the public, thereby affecting the construction of the rule of law in the business environment; On the other hand, some enterprises do not have enough awareness of law-abiding, illegal operation, piracy and imitation, infringement of others' intellectual property rights objectively exist, and the behavior of not signing contracts and performing contracts in accordance with the law seriously affects the construction of the social credit system and reduces the credibility of the society. Therefore, we must accurately grasp the current difficulties and plugging points that affect the optimization of the business environment under the rule of law, so as to give full play to the role of judicial functions, and to activate the judiciary, so as to provide the greatest judicial momentum for the business environment under the rule of law.
It is necessary to earnestly ensure the fairness and efficiency of the judiciary in creating a business environment based on the rule of law. On the one hand, it is necessary to optimize the judicial trial process, supervise judicial behavior, further improve the efficiency of judicial trial in many aspects, and efficiently resolve commercial cases such as copyright disputes and benefit distribution; On the other hand, it is necessary to build an open and fair judicial environment by strengthening the supervision, review and management of judicial acts, judicial organs and administrative acts, so as to further promote the sustainable development of the business environment based on the rule of law and purify the judicial environment. Through fair and impartial justice, we will build confidence in law-abiding market entities and gradually reduce illegal and criminal acts of enterprises. In addition, it is also necessary to improve the judicial efficiency of commercial conduct trials and commercial contract disputes, ensure the efficient and rapid conduct of commercial activities, and promote the rapid development of society, especially to show great achievements in the judicial field of "contract enforcement". It is necessary to continuously improve the quality of judicial procedures, reduce the cost of dispute resolution, and improve the efficiency of dispute resolution, so as to further enhance enterprises' sense of gain in the construction of a law-based business environment with fair, fast, and low-cost high-quality judicial services. It is necessary to improve judicial efficiency by optimizing the allocation of judicial personnel, strengthening the construction of the judicial contingent, and improving the overall quality of judicial personnel; It is necessary to standardize the trial process of commercial cases, simplify unnecessary redundant procedures, standardize and clarify the process, and optimize the details of commercial case handling; Finally, it is necessary to ensure that judicial organs have independent and impartial adjudication powers, and to standardize the judicial powers.
It is necessary to earnestly fulfill the responsibility of popularizing the law in creating a business environment based on the rule of law. If you want to have a good business environment, compliance with the law is also a key part. If there are fewer and fewer lawbreakers and more law-abiding people, the social environment will be clean and clean, and the business environment will inevitably be clear. In promoting the construction of a law-based business environment, we should also shoulder the political responsibility of popularizing the law, and actively guide citizens and enterprises to respect the law, learn the law, abide by the law, and use the law. Through innovative ways of publicizing laws and regulations, we will continue to promote the publicity, education, and guidance of relevant laws and regulations in optimizing the protection of the business environment, for example, make full use of new laws and regulations such as Weibo and WeChat, increase publicity, and guide people to form a law-abiding consciousness over time and imperceptibly.
In short, it is necessary to focus on the general requirements of the theme education of "learning ideas, strengthening party spirit, emphasizing practice, and making new contributions", further consolidate the judicial mission and responsibility of optimizing the business environment under the rule of law, focus on the judicial needs of enterprises and the masses, adhere to problem-oriented and goal-oriented, enhance the awareness of benchmarking and service, dare to overcome difficulties, break the waves, and fully demonstrate the new style of high-quality development of court work in the new era.
*: People's Court Daily.
Author: Yu Xiangyang, Lin Yuping (Author's Affiliation: Lianhua County People's Court, Intermediate People's Court of Pingxiang City, Jiangxi Province).