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Better Leverage the Role of Market Mechanisms to Create a Fairer and More Vibrant Market Environment

罗文:更好发挥市场机制作用 创造更加公平、更有活力的市场环境

· · Fundamental Principles of Marxism · Qiushi, 2024, no. 17 · 17 min read

The “Decision of the Central Committee of the Communist Party of China on Further Deepening Reform Comprehensively to Advance Chinese-Path Modernization” (hereinafter referred to as the “Decision”), deliberated and adopted at the Third Plenary Session of the 20th Central Committee of the Communist Party of China [1]1 The Third Plenary Session of the 20th Central Committee of the CPC was held in Beijing in July 2024, focusing on further deepening reform comprehensively to advance Chinese-path modernization., places the construction of a high-level socialist market economy in a prominent position. Focusing on the core issue of handling the relationship between the government and the market, it proposes that “we must better leverage the role of market mechanisms to create a fairer and more vibrant market environment.” Market regulation departments must continuously enhance their comprehensive market supervision capabilities and standards, strive to promote the optimization of resource allocation efficiency and the maximization of benefits, better handle the relationship between being able to “loosen control” and being able to “manage effectively,” better maintain market order and remedy market failures, smooth the national economic cycle, and stimulate the endogenous driving force and innovation vitality of the whole society.

党的二十届三中全会审议通过的《中共中央关于进一步全面深化改革、推进中国式现代化的决定》(以下简称《决定》),把构建高水平社会主义市场经济体制摆在突出位置,围绕处理好政府和市场关系这个核心问题,提出“必须更好发挥市场机制作用,创造更加公平、更有活力的市场环境”。市场监管部门要不断提升市场综合监管能力和水平,努力促进资源配置效率最优化和效益最大化,更好处理既“放得活”又“管得住”的关系,更好维护市场秩序、弥补市场失灵,畅通国民经济循环,激发全社会内生动力和创新活力。

I. Improve the Basic Systems of the Market Economy to Provide Strong Support for Building a High-Level Socialist Market Economy

一、完善市场经济基础制度,为构建高水平社会主义市场经济体制提供有力支撑

The Decision makes clear arrangements for improving the basic systems of the market economy; this is an inherent requirement for building a high-level socialist market economy. Building a high-level socialist market economy requires achieving effective incentives for property rights, free flow of factors of production, flexible price responses, fair and orderly competition, and the survival of the fittest among enterprises, thereby endowing the market economy with strong vitality. Under market economy conditions, only by clarifying the boundaries of the property rights of business entities and using institutions to effectively protect the property rights of all forms of ownership economic organizations and citizens according to law can the interests of business entities be safeguarded, social confidence be effectively enhanced, good expectations be formed, and the entrepreneurial and innovative impetus of various business entities be strengthened. Only by improving basic institutions such as open and transparent market access, fair competition, and social credit, continuously refining market rules, and clarifying the rights and obligations of business entities participating in economic activities, can a sound competition mechanism be formed, ensuring the survival of the fittest among enterprises and achieving optimal resource allocation. To achieve the goal of comprehensively establishing a high-level socialist market economy and further perfecting the socialist system with Chinese characteristics by 2035, the process of improving the basic systems of the market economy must be accelerated. Adhering to institutional construction as the main line for further comprehensively deepening reform requires placing the improvement of the basic systems of the market economy in an even more important position. To make the socialist market economy system more systematic, complete, mature, and定型 [2]2 The term 定型 (dìngxíng) means to become finalized, mature, and stable in form or structure., the systematization and scientific level of the basic systems of the market economy must be further enhanced.

《决定》对完善市场经济基础制度作出明确部署,这是构建高水平社会主义市场经济体制的内在要求。构建高水平社会主义市场经济体制,要求实现产权有效激励、要素自由流动、价格反应灵活、竞争公平有序、企业优胜劣汰,使市场经济具有强大生机活力。在市场经济条件下,只有厘清经营主体财产权利的边界,用制度依法有效保护各种所有制经济组织和公民财产权,才能保障经营主体利益,有效增强社会信心、形成良好预期,增强各类经营主体创业创新动力;只有健全开放透明的市场准入、公平竞争、社会信用等基础制度,推动市场规则不断完善,明确经营主体参与经济活动的权利和义务,才能形成良性竞争机制,保障企业优胜劣汰,实现资源优化配置。要实现到二〇三五年全面建成高水平社会主义市场经济体制、中国特色社会主义制度更加完善的目标,必须加快完善市场经济基础制度的进程;坚持以制度建设为主线进一步全面深化改革,必须把完善市场经济基础制度摆在更加重要的位置;推动社会主义市场经济体制更加系统完备、更加成熟定型,必须进一步提高市场经济基础制度的体系化、科学化水平。

The Decision clarifies the key tasks for improving the basic systems of the market economy, including: improving the market access system; deepening the reform of the registered capital subscription registration system; advancing supporting reforms for enterprise deregistration; improving the enterprise exit system; establishing a trade secret protection system; and improving the social credit system and regulatory system. We must treat improving the basic systems of the market economy as a major and urgent task for further comprehensively deepening reform, advance institutional innovation from a new starting point, and provide strong support for accelerating the construction of a high-level socialist market economy and advancing Chinese-path modernization.

《决定》明确了完善市场经济基础制度的重点任务,包括完善市场准入制度,深化注册资本认缴登记制度改革,推进企业注销配套改革,完善企业退出制度;构建商业秘密保护制度;健全社会信用体系和监管制度等。我们要把完善市场经济基础制度作为进一步全面深化改革的一项重大而紧迫的任务,在新的起点上推进制度创新,为加快构建高水平社会主义市场经济体制、推进中国式现代化提供有力支撑。

First, improve the market access system. Continuously improve the legal and regulatory system for the registration and management of business entities, and ensure the implementation of the Company Law and its supporting regulations and rules. Explore the establishment of a mandatory exit system and a simplified exit system covering all business entities. Research and establish a special register management system for business entities.

一是完善市场准入制度。持续健全完善经营主体登记管理法律制度体系,做好公司法及配套法规规章贯彻落实。探索建立覆盖所有经营主体的强制退出制度和简易退出制度。研究建立经营主体另册管理制度。

Second, establish a trade secret protection system. Improve the legal framework for trade secret protection, accelerate the construction of trade secret protection standards and guidelines, and explore the establishment of a trade secret protection system that aligns with high-level international economic and trade rules. Expand the national pilot projects for trade secret protection innovation, and advance the project to strengthen enterprises and protect industrial chains through trade secret protection.

二是构建商业秘密保护制度。完善商业秘密保护法律框架,加快推进商业秘密保护标准、指引建设,探索建立与高水平国际经贸规则相衔接的商业秘密保护体系。扩大全国商业秘密保护创新试点,推进商业秘密保护强企护链工程。

Third, improve the credit supervision system. Establish and improve a credit-based tiered and categorized supervision system, improve the credit commitment system, and explore the construction of a credit compliance mechanism. Improve the credit evaluation system, and comprehensively establish a comprehensive evaluation system for enterprise credit status. Optimize the arrangement of measures for rewarding trustworthiness and punishing dishonesty, and establish and improve a credit restoration working mechanism with clear powers and responsibilities and smooth operation.

三是健全信用监管制度。建立健全信用分级分类监管制度,完善信用承诺制度,探索信用合规机制建设。健全信用评价制度,全面建立企业信用状况综合评价体系。优化守信激励和失信惩戒措施安排,建立健全权责清晰、运行顺畅的信用修复工作机制。

II. Promote the Healthy Development of Business Entities to Inject Strong Impetus into Promoting High-Quality Economic Development

二、促进经营主体健康发展,为推动经济高质量发展注入强大动力

The Decision emphasizes the need to adhere to and implement the “two unswervinglys” [3]3 The “two unswervinglys” (两个毫不动摇) refer to unswervingly consolidating and developing the public sector of the economy, and unswervingly encouraging, supporting, and guiding the development of the non-public sector of the economy., which provides a “reassurance pill” for various types of business entities. Business entities are the micro-foundation for the operation of market mechanisms; their quantity, vitality, structural quality, and growth rate are important indicators for measuring the level of economic development. With the healthy development of the socialist market economy, China’s business entities have become the main participants in economic activities, the main providers of employment opportunities, and the main drivers of technological progress. Effectively stimulating their vitality and fully releasing their development impetus are of great significance for effectively leveraging the role of market mechanisms and promoting high-quality economic development. To solve the blocking points that constrain high-quality economic development, it is necessary to unswervingly consolidate and develop the public sector of the economy, and unswervingly encourage, support, and guide the development of the non-public sector of the economy, ensuring that all forms of ownership economies equally use factors of production according to law, fairly participate in market competition, and receive equal legal protection, promoting complementary advantages and common development of all forms of ownership economies. It is necessary to fully stimulate the endogenous driving force and innovation vitality of business entities, guiding them to continuously improve their development quality through their own reform and development, compliant operation, and transformation and upgrading. It is necessary to adhere to the principles and policies aimed at creating a good environment and providing more opportunities for the development of the non-public sector of the economy, and optimize the development environment for the private economy.

《决定》强调要坚持和落实“两个毫不动摇”,这给各类经营主体吃了“定心丸”。经营主体是市场机制运行的微观基础,其数量多少、活力高低、结构优劣、成长快慢,是衡量经济发展水平的重要标志。随着社会主义市场经济健康发展,我国经营主体已成为经济活动的主要参与者、就业机会的主要提供者和技术进步的主要推动者,其活力的有效激发、发展动力的充分释放,对于有效发挥市场机制作用、推动经济高质量发展具有十分重要的意义。要破解制约经济高质量发展的堵点问题,必须毫不动摇巩固和发展公有制经济,毫不动摇鼓励、支持、引导非公有制经济发展,保证各种所有制经济依法平等使用生产要素、公平参与市场竞争、同等受到法律保护,促进各种所有制经济优势互补、共同发展;必须充分激发经营主体的内生动力和创新活力,引导经营主体通过自身改革发展、合规经营、转型升级不断提升发展质量;必须坚持致力于为非公有制经济发展营造良好环境和提供更多机会的方针政策,优化民营经济发展环境。

The Decision clarifies the key tasks for promoting the healthy development of business entities, including: improving the modern enterprise system with Chinese characteristics; deeply breaking down market access barriers; improving the long-term supervision mechanism for fees charged to enterprises and the legal and regulatory system for settling arrears owed to enterprises; standardizing administrative inspections involving private enterprises; and leading the optimization and upgrading of traditional industries through the improvement of national standards. We must treat all forms of ownership economies equally, make great efforts to guide and support the healthy development of various types of business entities, and continuously inject strong impetus into promoting high-quality economic development.

《决定》明确了促进经营主体健康发展的重点任务,包括完善中国特色现代企业制度;深入破除市场准入壁垒,健全涉企收费长效监管和拖欠企业账款清偿法律法规体系,规范涉民营企业行政检查;以国家标准提升引领传统产业优化升级等。我们要坚持对各种所有制经济平等对待,下大力气引导支持各类经营主体健康发展,为推动经济高质量发展持续注入强大动力。

First, improve the modern enterprise system with Chinese characteristics. Support the improvement of supporting laws and regulations for the modern enterprise system, promote enterprises to improve their corporate governance structures, standardize shareholder behavior, strengthen internal supervision, improve risk prevention mechanisms, and enhance internal management levels. Focus on leveraging the guiding role of Party building, and solidly advance the Party building work for “small, micro, individual, and specialized” entities (small and micro enterprises, individual businesses, and specialized markets).

一是完善中国特色现代企业制度。支持完善现代企业制度配套法律法规,推动企业完善法人治理结构、规范股东行为、强化内部监督、健全风险防范机制,提升内部管理水平。注重发挥党建引领作用,扎实推进“小个专”(小微企业、个体工商户、专业市场)党建工作。

Second, vigorously promote the development of the private economy. Continuously break down market access barriers, strengthen special law enforcement against illegal fees charged to enterprises, and promote the reduction of enterprise access costs and operational burdens. Promote the effective integration of dual-random supervision [4]4 “Dual-random supervision” (双随机监管) refers to a regulatory model where both the entities to be inspected and the law enforcement inspectors are randomly selected, with inspection results promptly made public. with cross-departmental comprehensive supervision and other regulatory models, and further standardize administrative inspections involving enterprises. Comprehensively advance the categorized and classified precision assistance for individual businesses, and implement and improve the regular communication and exchange mechanism with individual businesses.

二是大力促进民营经济发展。持续破除市场准入壁垒,强化涉企违规收费专项执法,推动降低企业准入成本和经营负担。推动双随机监管与跨部门综合监管等监管模式有效结合,进一步规范涉企行政检查。全面推进个体工商户分型分类精准帮扶,落实完善与个体工商户常态化沟通交流机制。

Third, cultivate new drivers and new advantages for development. Pragmatically advance the implementation and realization of the “Outline for Building a Quality-Strong Nation” and the “Outline for National Standardization Development,” focusing on creating quality benchmarks and advanced standards. Promote the construction of a new quality management system covering all personnel, all elements, all processes, and all data, and improve the quality infrastructure that adapts to the modern industrial system. Improve the linkage mechanism between major science and technology projects and standardization work, and support enterprises in researching and developing breakthroughs in key core technologies. Strengthen law enforcement for intellectual property and trade secret protection.

三是培育发展新动能新优势。务实推进《质量强国建设纲要》和《国家标准化发展纲要》落地落实,着力打造质量标杆和先进标准。推动建设全员、全要素、全过程、全数据的新型质量管理体系,完善适配现代化产业体系的质量基础设施。健全重大科技项目与标准化工作联动机制,支持企业研发突破关键核心技术。强化知识产权和商业秘密保护执法。

III. Deeply Implement Fair Competition Policies to Continuously Optimize the Market Environment for Fair Competition

三、深入实施公平竞争政策,持续优化公平竞争的市场环境

The *Decision* [of the Third Plenary Session of the 20th Central Committee] makes clear arrangements for effectively protecting and promoting fair competition, which is an important foundation for ensuring the efficient operation of market mechanisms. Fair competition is a basic principle of the market economy. Strengthening antitrust enforcement and deeply advancing the implementation of fair competition policies are inherent requirements for perfecting the socialist market economy system. Only when full competition takes place under fair conditions can more healthy market forces be attracted to actively participate in economic activities, enabling the smooth flow of commodities, factors, and resources on a broader scale, and allowing the decisive role of the market in resource allocation to be better exerted. The process of China's economic system reform has been a process of introducing competition, regulating competition, promoting competition, and protecting competition. Decades of reform practice have fully proven that the more the market economy develops, the more prominent the importance of fair competition becomes. Currently, China's market features the coexistence of multiple forms of ownership, the joint development of large, medium, and small enterprises, the accelerated integration of online and offline markets, and the continuous acceleration of industrial upgrading and business model innovation. The diversity and complexity of the market competition ecology have greatly increased. To better uphold and implement the "two unswervinglys" [5]5 The "two unswervinglys" (两个毫不动摇) refer to the Party's policy of unswervingly consolidating and developing the public sector of the economy, and unswervingly encouraging, supporting, and guiding the development of the non-public sector. and create an environment of fair competition and competitive development for all forms of ownership, it is urgently necessary to deeply advance the implementation of fair competition policies; to both leverage the scale advantages of large enterprises and enhance their core competitiveness, while also protecting the innovation and development space of small, medium, and micro enterprises, promoting the formation of a healthy ecosystem for the integrated development of large, medium, and small enterprises, it is urgently necessary to deeply advance the implementation of fair competition policies; to both support platform enterprises in making their mark in leading development, creating employment, and international competition, while also safeguarding the survival and development rights and interests of operators within the platforms, it is urgently necessary to deeply advance the implementation of fair competition policies.

《决定》对有效保护和促进公平竞争作出明确部署,这是保障市场机制高效运行的重要基础。公平竞争是市场经济的基本原则。强化反垄断、深入推进公平竞争政策实施,是完善社会主义市场经济体制的应有之义。只有在公平的前提下充分竞争,才能吸引更多健康的市场力量积极参与经济活动,实现商品要素资源在更大范围内畅通流动,使市场配置资源的决定性作用更好地发挥出来。我国经济体制改革的进程就是引入竞争、规范竞争、促进竞争、保护竞争的过程,几十年来的改革实践充分证明,市场经济越发展,公平竞争的重要性就越凸显。当前,我国市场多种所有制经济并存,大中小企业共同发展,线上线下市场加速融合,产业升级和业态创新不断加快,市场竞争生态的多样性、复杂性大幅提高。更好坚持和落实“两个毫不动摇”,为各种所有制经济创造公平竞争、竞相发展的环境,迫切需要深入推进公平竞争政策实施;既发挥好大企业的规模优势、提升核心竞争力,又保护好中小微企业创新和发展空间,推动形成大中小企业融通发展的良性生态,迫切需要深入推进公平竞争政策实施;既支持平台企业在引领发展、创造就业、国际竞争中大显身手,又维护好平台内经营者的生存发展权益,迫切需要深入推进公平竞争政策实施。

The *Decision* clarifies the key tasks for deeply implementing fair competition policies, including strengthening the rigid constraints of fair competition review, intensifying antitrust and anti-unfair competition enforcement, and cleaning up and abolishing various regulations and practices that hinder a unified national market and fair competition. We must deeply understand the great significance of protecting and promoting fair competition, continuously improve the level of fair competition governance, and persistently optimize the market environment for fair competition.

《决定》明确了深入实施公平竞争政策的重点任务,包括加强公平竞争审查刚性约束,强化反垄断和反不正当竞争,清理和废除妨碍全国统一市场和公平竞争的各种规定和做法等。我们要深刻认识保护和促进公平竞争的重大意义,不断提升公平竞争治理水平,持续优化公平竞争的市场环境。

First, strengthen the rigid constraints of fair competition review. Deeply implement the *Regulations on Fair Competition Review*, solidly advance the work of cleaning up policies and measures that hinder a unified market and fair competition, and accelerate the formulation of a list of matters for preventing improper interventions that affect fair competition. Actively promote the inclusion of fair competition review work in the assessment and evaluation content of law-based government construction and optimizing the business environment, thereby enhancing the effectiveness of oversight and regulation.

一是加强公平竞争审查刚性约束。深入实施《公平竞争审查条例》,扎实推进妨碍统一市场和公平竞争政策措施清理工作,加快制定不当干预影响公平竞争行为防范事项清单。积极推动将公平竞争审查工作情况纳入法治政府建设、优化营商环境等考核评价内容,增强监督规范的有效性。

Second, focus on breaking down local protection and market segmentation. Deeply advance special actions to rectify prominent issues of local protection and market segmentation and maintain a fair competition market order, and intensify efforts to regulate and correct prominent issues in key areas. Promote the revision or abolition of regulations and practices that restrict the free movement of enterprises. Increase efforts to regulate and clean up hidden barriers constructed using credit evaluations and local standards.

二是着力破除地方保护和市场分割。纵深推进整治地方保护、市场分割突出问题维护公平竞争市场秩序专项行动,加大力度规范和纠治重点领域突出问题。推动修订或废止限制企业自由迁移的规定和做法。加大对利用信用评价、地方标准构筑隐性壁垒行为的规范清理力度。

Third, strengthen antitrust and anti-unfair competition supervision and law enforcement. Strengthen antitrust enforcement against the abuse of administrative power to exclude or restrict competition. Steadily and prudently advance the review of business concentrations in key areas in accordance with the law, guiding and regulating investment and merger activities. Deeply carry out special antitrust enforcement actions in the field of people's livelihoods and special "Guardian" actions against unfair competition, investigate and deal with major antitrust and unfair competition cases in accordance with the law, and guide various types of business entities to compete in an orderly manner.

三是强化反垄断反不正当竞争监管执法。加强滥用行政权力排除、限制竞争反垄断执法。依法稳慎推进重点领域经营者集中审查,引导和规范投资并购行为。深入开展民生领域反垄断执法专项行动、反不正当竞争“守护”专项行动,依法查处重大垄断和不正当竞争案件,引导各类经营主体有序竞争。

Fourth, focus on maintaining market order to provide a good environment for better leveraging the role of market mechanisms.

四、着力维护市场秩序,为更好发挥市场机制作用提供良好环境

The *Decision* emphasizes better leveraging the role of market mechanisms while clearly requiring both "letting go with vitality" and "managing with control." Practice has fully proven that in markets where market mechanisms operate effectively, scientific management methods, sound guarantee mechanisms, and a fair participation atmosphere not only do not constrain or restrict market vitality but can instead enhance the enthusiasm of business entities to participate in economic activities; conversely, prominent market disorder issues such as price violations, counterfeit and shoddy goods, and false advertising can distort market incentive mechanisms, leading to bad money driving out good, and bringing negative effects on the optimal allocation of resources and the survival of the fittest among enterprises. The organic unity of vitality and order is essentially a better combination of an effective market and a competent government. To create a more vibrant market environment, we must focus on "letting go with vitality," fully leveraging the market's decisive role in resource allocation, minimizing direct government intervention in resource allocation and economic activities, and focusing on solving the problem of excessive government intervention; at the same time, we must focus on "managing with control," concentrating on the concerns of business entities and the people, intensifying efforts to rectify prominent market disorder issues, and focusing on safeguarding the development interests of business entities and the legitimate rights and interests of consumers.

《决定》强调更好发挥市场机制作用的同时,明确要求既“放得活”又“管得住”。实践充分证明,在市场机制有效运行的市场,科学的管理方式、健全的保障机制、公平的参与氛围,不仅不会束缚和制约市场活力,反而能提高经营主体参与经济活动的积极性;与之相反,价格违法、假冒伪劣、虚假宣传等市场失序突出问题,则会扭曲市场激励机制,导致劣币驱逐良币,对资源优化配置和企业优胜劣汰带来负面效应。活力和秩序的有机统一,实质上就是有效市场和有为政府的更好结合。营造更有活力的市场环境,既要着眼于“放得活”,充分发挥市场在资源配置中的决定性作用,最大限度减少政府对资源配置和经济活动的直接干预,着力解决政府干预过多问题;又要着眼于“管得住”,聚焦经营主体和人民群众关心关切,加大力度整治市场失序突出问题,着力保障经营主体发展利益和消费者合法权益。

The *Decision* clarifies the key tasks for maintaining market order, including solving the most direct and realistic interests of the people that they care about most, and perfecting the normalized supervision system for the platform economy. On the basis of adhering to respecting market laws, we must vigorously rectify prominent issues that disrupt the normal order of the market and hinder the effective operation of the market, ensuring market operation with a good environment.

《决定》明确了维护市场秩序的重点任务,包括解决好人民最关心最直接最现实的利益问题,健全平台经济常态化监管制度等。我们要在坚持尊重市场规律的基础上,大力整治扰乱市场正常秩序、妨碍市场有效运行的突出问题,以良好的环境保障市场运行。

First, focus on rectifying prominent issues of concern to the masses. Focus on key areas related to the vital interests of the people, such as the "key small matters" around the people, fight the "iron fist" proactive battle of law enforcement in the field of people's livelihoods, and severely crack down on illegal acts such as counterfeiting, shoddy goods, and false advertising in accordance with the law.

一是着力整治群众关心关切的突出问题。聚焦人民群众身边“关键小事”等关系人民群众切身利益的重点领域,打好民生领域执法“铁拳”主动战,依法严厉打击假冒伪劣、虚假宣传等不法行为。

Second, effectively maintain price order in key industries and sectors. Continue to deeply carry out the governance of duplicate charging and forced charging in areas such as medical care and education. Regulate price and fee behaviors in the platform economy sector, protecting the autonomous pricing rights of operators within platforms. Strengthen price monitoring and early warning, comprehensively apply tiered regulatory tools, and do a good job in price supervision in key periods and key industries.

二是切实维护重点行业领域价格秩序。持续深入开展医疗、教育等领域重复收费、强制收费问题治理。规范平台经济领域价格收费行为,保护平台内经营者自主定价权。强化价格监测预警,综合运用梯次监管工具,做好重点时段、重点行业价格监管工作。

Third, enhance the level of normalized supervision of the platform economy. Strengthen compliance management of platform enterprises, and implement the main responsibilities of platform enterprises and the territorial and departmental responsibilities. Improve rules and methods for network transaction law enforcement assistance, data management, information monitoring, and credit risk management, and focus on rectifying prominent issues in the network market.

三是提升平台经济常态化监管水平。强化平台企业合规管理,落实平台企业主体责任和属地部门责任。完善网络交易执法协查、数据管理、信息监测、信用风险管理等规则办法,着力整治网络市场突出问题。

Fourth, continuously strengthen the protection of consumer rights and interests. Integratively advance the implementation of the "one law and one regulation" [6]6 "One law and one regulation" (一法一条例) refers to the *Law of the People's Republic of China on the Protection of Consumer Rights and Interests* and the *Regulations on the Implementation of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests*. on consumer rights protection, and comprehensively strengthen the legal guarantee for the construction of the consumption environment. Improve the working mechanism for consumer protection, advance the national 12315 efficiency improvement action, establish and perfect a complaint handling quality follow-up mechanism, and improve the convenience and satisfaction of consumer rights protection.

四是不断加强消费者权益保护。一体推进消费者权益保护“一法一条例”落实,全面强化消费环境建设的法治保障。完善消保工作机制,推进全国12315效能提升行动,建立健全投诉处理质量回访机制,提高消费维权便利度和满意度。

Fifth, guard the safety bottom line in the field of market supervision, and effectively ensure the safety of people's lives and property.

五、守牢市场监管领域安全底线,切实保障人民群众生命财产安全

The *Decision* makes clear arrangements for perfecting the public safety governance mechanism, which is an important measure to strengthen the supply of public goods and remedy market failures under market economy conditions. Since the 18th National Congress of the CPC [7]7 The 18th National Congress of the CPC was held in 2012, marking the beginning of the Xi Jinping era., General Secretary Xi Jinping has attached great importance to the two major issues of development and safety, focusing on the fundamental interests of the overwhelming majority of the people, repeatedly emphasizing the need to coordinate high-quality development and high-level safety, and requiring the implementation of key supervision in key areas directly related to the safety of people's lives and property, public safety, and areas with high potential risks and high social risks, to prevent and defuse major risks. Under market economy conditions, public safety cannot achieve efficient resource allocation through market mechanisms; effectively providing public safety services to the people and creating a safe and orderly social environment should become a basic government responsibility. Public safety issues in areas such as food and pharmaceuticals are largely manifestations of market failure, not only affecting a safe and reassuring market environment and the safety of people's lives and property, but may also affect national reputation and economic security. Therefore, perfecting the public safety governance mechanism and guarding the safety bottom line of important products such as food and pharmaceuticals must be made the top priority of market supervision work, and be grasped firmly and effectively with the greatest effort.

《决定》对完善公共安全治理机制作出明确部署,这是市场经济条件下强化公共产品供给、弥补市场失灵的重要举措。党的十八大以来,习近平总书记高度重视发展和安全两件大事,着眼于最广大人民的根本利益,多次强调要统筹高质量发展和高水平安全,要求对直接关系人民群众生命财产安全、公共安全,以及潜在风险大、社会风险高的重点领域,实施重点监管,防范化解重大风险。在市场经济条件下,公共安全无法通过市场机制实现资源有效配置;向人民群众有效提供公共安全服务、营造安全有序的社会环境,应当成为政府的一项基本职责。食品、药品等领域出现公共安全问题,很大程度上是市场失灵的表现,不仅关乎安全放心的市场环境和人民群众生命财产安全,还可能影响到国家声誉和经济安全。因此,完善公共安全治理机制,守牢食品、药品等重要产品安全底线,必须作为市场监管工作的重中之重,下最大气力抓紧抓实抓好。

The *Decision* takes perfecting the food and pharmaceutical safety responsibility system, perfecting the mechanism for investigating and tracing responsibility for production safety risks, and perfecting the system for handling major sudden public incidents as important contents of perfecting the public safety governance mechanism. We must further establish a bottom-line mindset, strengthen risk management, and firmly implement responsibilities, with a sense of responsibility that is "always concerned," a sense of urgency that "nothing can be allowed to go wrong," and a sense of mission that "everyone bears responsibility," resolutely guard the safety bottom line in the field of market supervision, and effectively ensure the safety of people's lives and property.

《决定》将完善食品药品安全责任体系、完善安全生产风险排查整治和责任倒查机制、健全重大突发公共事件处置保障体系等作为完善公共安全治理机制的重要内容。我们要进一步树牢底线思维、强化风险管理、狠抓责任落实,以“时时放心不下”的责任感、“事事不容有失”的紧迫感、“人人责任在肩”的使命感,坚决守住市场监管领域安全底线,切实保障人民群众生命财产安全。

First, improve the food safety risk prevention and control system. Further refine the inter-departmental regulatory coordination mechanism, improve working mechanisms such as risk consultation and emergency response to major accidents and public opinion incidents, and enhance food safety governance capacity. Focus on increasing the targeted and effective nature of supervisory sampling and inspection, intensify verification and disposal efforts, and effectively prevent regional and systemic food safety risks.

一是健全食品安全风险防控体系。进一步健全部门监管协调机制,完善风险会商、重大事故和舆情事件应急处置等工作机制,提升食品安全治理能力。着力增强监督抽检针对性、有效性,加大核查处置力度,切实防范区域性、规模性食品安全风险。

Second, further strengthen drug safety regulation. Strengthen clinical trial management, reinforce full-cycle regulation of high-risk products, and continue to deeply carry out the campaign to consolidate and improve drug safety [8]8 The "campaign to consolidate and improve drug safety" (药品安全巩固提升行动) is a nationwide special enforcement campaign launched by the National Medical Products Administration to strengthen drug safety regulation..

二是进一步加强药品安全监管。加强临床试验管理,强化高风险产品全周期监管,持续深入开展药品安全巩固提升行动。

Third, rigorously address the source governance of industrial product quality and safety. Continue to carry out thorough investigation and remediation of quality and safety hazards in key industrial products, strengthen and standardize the management of industrial product production licenses, fully leverage the role of administrative licensing, compulsory certification, and compulsory standards, strengthen the forward shift of control points, and prevent risks and hazards.

三是狠抓工业产品质量安全源头治理。持续抓好重点工业产品质量安全隐患排查治理,加强和规范工业产品生产许可证管理,发挥好行政许可、强制性认证、强制性标准作用,强化关口前移,防范风险隐患。

Fourth, strengthen the implementation of special equipment safety responsibilities. Consolidate the primary responsibilities of special equipment production units and user units, as well as territorial regulatory responsibilities, strengthen the investigation and remediation of risks and hazards in key equipment, scientifically adjust the scope of special equipment regulation, and firmly hold the safety bottom line.

四是强化特种设备安全责任落实。压实特种设备生产单位、使用单位主体责任和属地监管责任,加强重点设备风险隐患排查治理,科学调整特种设备监管范围,牢牢守住安全底线。

VI. Enhance the Comprehensive Market Regulatory Capacity and Level, Accelerate the Modernization of Market Regulation

六、提升市场综合监管能力和水平,加快推进市场监管现代化

The "Decision" [9]9 "Decision" refers to the "Decision of the Central Committee of the Communist Party of China on Further Comprehensively Deepening Reform and Promoting Chinese-Path Modernization," adopted at the Third Plenary Session of the 20th Central Committee of the CPC in July 2024. makes clear arrangements for enhancing the comprehensive market regulatory capacity and level; this is a proactive move to adapt to the rapid development of China's super-large market. The market is the world's most scarce resource. After years of development, China has formed a super-large market. At the same time, market regulation work faces many new situations, new characteristics, and new challenges. For example, the full-process, full-chain regulatory system covering production, distribution, circulation, and consumption needs further improvement; the management systems and regulatory means adapted to new business forms and models need further enrichment; data sharing between departments is not yet smooth enough; and the level of implementing smart regulation urgently needs improvement. These factors impose urgent demands on us to establish a modern market regulation system that is compatible with a super-large market and matches mature and complete market mechanisms. To solve various problems in the operation of China's market, we must follow the laws of market regulation, comply with market development trends, accelerate the transformation of regulatory concepts, and strive to promote the maturity and finalization of market regulation systems and mechanisms; we must coordinate the regulation of various objects, including online and offline, products and services, traditional economy and emerging business forms; coordinate multiple objectives such as development and security, efficiency and fairness, vitality and order, domestic and international; coordinate the use of various means such as market, law, technology, standards, certification and accreditation, credit, and administration; coordinate industry management and comprehensive regulation, as well as pre-event, in-event, and post-event regulation, and strive to enhance the comprehensive market regulatory capacity and level; we must adhere to strengthening law-based regulation, credit regulation, and smart regulation as the necessary path to realize the modernization of market regulation, and strive to promote the modernization of the market regulation system and capacity.

《决定》对提升市场综合监管能力和水平作出明确部署,这是适应我国超大规模市场快速发展的主动之举。市场是全球最稀缺的资源。经过多年发展,我国已形成超大规模市场。与此同时,市场监管工作面临诸多新形势、新特点、新挑战,比如,覆盖生产、分配、流通、消费各个环节的全过程、全链条监管体系有待进一步完善,适应新业态、新模式的管理制度、监管手段有待进一步丰富,部门间数据共享还不够通畅,实施智慧监管的水平亟待提升等。这对我们建立与超大规模市场相适应、与成熟完善的市场机制相匹配的现代化市场监管体系提出了紧迫要求。破解我国市场运行中的各类问题,必须遵循市场监管规律、顺应市场发展趋势、加快转变监管理念,着力推动市场监管制度机制成熟定型;必须统筹监管线上和线下、产品和服务、传统经济和新兴业态等各类对象,统筹发展和安全、效率和公平、活力和秩序、国内和国际等多元目标,统筹运用市场、法律、技术、标准、认证认可、信用、行政等多种手段,统筹行业管理和综合监管、事前事中事后监管,着力提升市场综合监管能力和水平;必须坚持把加强法治监管、信用监管、智慧监管作为实现市场监管现代化的必由之路,着力推进市场监管体系和能力现代化。

The "Decision" clarifies the key tasks for enhancing the comprehensive market regulatory capacity and level, including: deeply advancing law-based administration, promoting the standardization, normalization, and facilitation of government services, improving the systems and mechanisms for administrative law enforcement supervision, perfecting the baseline system for administrative discretion in areas such as administrative penalties, and promoting cross-regional alignment of administrative law enforcement standards; strengthening in-event and post-event regulation; and building and operating national data infrastructure, promoting data sharing, etc. We must continuously enhance the level of law-based regulation, credit regulation, and smart regulation, advance the improvement of the market regulation system and the enhancement of its effectiveness as an integrated whole, and provide strong support for advancing the modernization of the national governance system and governance capacity.

《决定》明确了提升市场综合监管能力和水平的重点任务,包括深入推进依法行政,促进政务服务标准化、规范化、便利化,健全行政执法监督体制机制,完善行政处罚等领域行政裁量权基准制度,推动行政执法标准跨区域衔接;加强事中事后监管;建设和运营国家数据基础设施,促进数据共享等。我们要不断提升法治监管、信用监管、智慧监管水平,一体推进市场监管体系完善和效能提升,为推进国家治理体系和治理能力现代化提供有力支撑。

First, strengthen the guarantee of law-based regulation. Improve the basic systems for law-based regulation, fully incorporate administrative actions into the track of the rule of law, and continuously enhance the ability to use legal thinking and legal methods to promote development, solve problems, and prevent risks. Accelerate the improvement of the baseline for administrative penalty discretion, standardize the management of discretionary power, strengthen classified guidance in key areas of dispute, and strive to promote fairness and uniformity in regulatory law enforcement.

一是强化法治监管保障。健全法治监管基础性制度,把行政行为全面纳入法治轨道,不断提高运用法治思维、法治方式推动发展、破解难题、防范风险的能力。加快完善行政处罚裁量权基准,规范自由裁量权管理,对重点争议领域加强分类指导,着力推进监管执法公平统一。

Second, consolidate the foundation of credit regulation. Promote the improvement of new-type regulatory mechanisms based on credit, and perfect the full-chain, full-life-cycle credit regulation system. Innovate credit regulation tools, strengthen credit risk management and differentiated management, strengthen the sharing and co-utilization of credit information, fully leverage the constraining and incentivizing role of credit, and enhance the effectiveness of pre-event, in-event, and post-event regulation through innovation in regulatory methods.

二是夯实信用监管基础。推动完善以信用为基础的新型监管机制,完善全链条全生命周期信用监管体系。创新信用监管工具,强化信用风险管理、差异化管理,强化信用信息共享共用,充分发挥信用约束激励作用,以监管方式创新提升事前事中事后监管效能。

Third, enhance smart regulation capabilities. Accelerate the empowerment of smart regulation, strengthen the construction of a unified national information system in important fields, improve the working mechanism for real-time collection, scientific analysis, and extensive application of regulatory information, enhance the capabilities of off-site regulation and penetrating regulation, and efficiently and precisely prevent and resolve risks and hazards.

三是提升智慧监管能力。加快推进智慧监管赋能,加强重要领域全国统一信息系统建设,完善监管信息实时归集、科学分析、广泛运用工作机制,提升非现场监管、穿透式监管能力,高效精准防范化解风险隐患。

Online editor: Paul

网络编辑:保罗

Notes

  1. The Third Plenary Session of the 20th Central Committee of the CPC was held in Beijing in July 2024, focusing on further deepening reform comprehensively to advance Chinese-path modernization. ↩
  2. The term 定型 (dìngxíng) means to become finalized, mature, and stable in form or structure. ↩
  3. The “two unswervinglys” (两个毫不动摇) refer to unswervingly consolidating and developing the public sector of the economy, and unswervingly encouraging, supporting, and guiding the development of the non-public sector of the economy. ↩
  4. “Dual-random supervision” (双随机监管) refers to a regulatory model where both the entities to be inspected and the law enforcement inspectors are randomly selected, with inspection results promptly made public. ↩
  5. The "two unswervinglys" (两个毫不动摇) refer to the Party's policy of unswervingly consolidating and developing the public sector of the economy, and unswervingly encouraging, supporting, and guiding the development of the non-public sector. ↩
  6. "One law and one regulation" (一法一条例) refers to the *Law of the People's Republic of China on the Protection of Consumer Rights and Interests* and the *Regulations on the Implementation of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests*. ↩
  7. The 18th National Congress of the CPC was held in 2012, marking the beginning of the Xi Jinping era. ↩
  8. The "campaign to consolidate and improve drug safety" (药品安全巩固提升行动) is a nationwide special enforcement campaign launched by the National Medical Products Administration to strengthen drug safety regulation. ↩
  9. "Decision" refers to the "Decision of the Central Committee of the Communist Party of China on Further Comprehensively Deepening Reform and Promoting Chinese-Path Modernization," adopted at the Third Plenary Session of the 20th Central Committee of the CPC in July 2024. ↩