zhijiang think tank｜hu xiangfu: using the power of the rule of law to promote the continuous optimization of the business environment
2024-09-12
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hu xiangfu, chao news client
image source: visual china
the third plenary session of the 20th cpc central committee proposed to adhere to the policy of creating a good environment and providing more opportunities for the development of the non-public economy. the rapid development of zhejiang's economy is inseparable from the continuous optimization of the business environment. the 2023 zhejiang provincial government work report proposed to implement the "no. 1 reform project" to optimize and improve the business environment. this year's provincial two sessions, "optimizing the business environment" once again appeared in the government work report. general secretary xi jinping emphasized that the rule of law is the best business environment. next, zhejiang should continuously improve the level of legalization of the business environment based on the provincial conditions of the private economy and digital economy, create a stable, fair, transparent and predictable environment for all types of business entities to invest and start businesses, and provide strong support for promoting high-quality development.
zhejiang's practice of creating a legal business environment
the key to whether a place's business environment is good or not is whether the degree of rule of law is high. compared with policies, laws are certain, stable, and predictable. to create the best business environment, we must be good at using the rule of law thinking and the rule of law approach, establish good policies through the rule of law, effectively protect the legitimate rights and interests of various business entities, and continuously enhance the investment confidence of various business entities. the government should provide enterprises with a long-term stable and rule of law business environment and treat all enterprises equally. in such an environment, enterprises can invest and operate independently, enjoy or bear the results of their operations, and the government does not need to provide "parental" management at one moment and "nanny-style" services at another.
zhejiang is a province with a large private economy. private entrepreneurs in zhejiang dare to start businesses, take risks, make long-term investments, and innovate. the zhejiang provincial party committee and the provincial government have always attached great importance to protecting the interests of private enterprises and continued to create a good legal business environment for the private economy. as early as 2006, zhejiang issued the "zhejiang province regulations on promoting the development of small and medium-sized enterprises", and in 2020 issued the "zhejiang province regulations on promoting the development of private enterprises", in 2023 issued the "zhejiang province regulations on promoting the development of small, medium and micro enterprises", and in 2024 issued the "zhejiang province regulations on optimizing the business environment".
it can be said that zhejiang has built a basic legal framework system to protect the development of private enterprises, but there are still practical problems such as "difficult financing" and "expensive financing" for private enterprises. in order to stabilize the legal expectations of private enterprises and other market entities, zhejiang needs to coordinate the reform of legislation, law enforcement, justice, and law-abiding, and ensure that all types of ownership economies use production factors equally, participate in market competition fairly, and receive equal legal protection in accordance with the law, and promote the complementary advantages and common development of various ownership economies.
the main direction of creating a legal business environment
there is no best business environment, only better ones. at present and in the future, zhejiang will shift the main direction of creating a legal business environment from simplifying commercial procedures to protecting the rights and interests of private entrepreneurs.
over the past decade in the new era, zhejiang has successively launched major overall reforms such as the "four lists and one network" reform, the "one-stop service" reform, digital reform, and the "no. 1 reform project" to optimize and improve the business environment. the efficiency of government departments has been greatly improved, and the procedures for private enterprises to handle business registration, approval, licensing and other matters with government departments have been increasingly simplified, and enterprises have a stronger sense of gain.
general secretary xi jinping stressed that in order to stabilize expectations and promote the entrepreneurial spirit, safety is the basic guarantee, and pointed out: "for some irregular behaviors that some private enterprises have had in the past, we should look at the problem from a development perspective, deal with it in accordance with the principle of legality and presumption of innocence, so that entrepreneurs can unload their ideological burdens and move forward lightly." next, we should establish a set of legal systems to protect the legitimate rights and interests of private enterprises and protect the personal and property safety of private entrepreneurs, so as to unload the burden on entrepreneurs in terms of ideology. according to the "guiding opinions of the supreme people's court on optimizing the legal environment and promoting the development and growth of the private economy", we will strengthen the protection of the legitimate rights and interests of private economic entities, improve the regular mechanism for correcting wrongful cases, and protect the rights of private economic entities to apply for state compensation in accordance with the law. strictly distinguish economic disputes from illegal crimes, and strictly regulate the legal procedures for taking criminal compulsory measures. strengthen the protection of the legitimate rights and interests of parties and non-parties, and try to reduce the adverse effects of judicial activities such as recovery of stolen goods and recovery of property on the production and operation of private enterprises and other relevant non-parties, and smooth the channels for non-parties to express their demands in the criminal recovery of stolen goods and recovery procedures. we should give full play to the function of the prohibition system for infringement of personality rights and stop illegal acts that infringe personality rights in a timely manner. extreme speech and behavior that intentionally mislead the public and deliberately attract attention, and the use of the internet, self-media, publications and other communication channels to defame, denigrate and vilify private enterprises and entrepreneurs, and other infringements, should be severely cracked down, and a social public opinion environment conducive to the development of the private economy should be effectively created. while doing a good job in the criminal compliance reform of the companies involved in the case, we should actively extend judicial functions, guide companies to abide by the law and comply with regulations in the process of civil, commercial, administrative and enforcement, strengthen the awareness of preventing legal and commercial risks, and promote the healthy development of private enterprises on the track of the rule of law.
key areas for creating a legal business environment
different regions have different strategic positioning, development stages, and leading industries, so the key areas of optimizing the business environment also need to be adapted to local conditions. next, zhejiang should focus on creating a legal business environment based on the provincial situation and on establishing a system and mechanism for the deep integration of the real economy and the digital economy and cultivating specialized, sophisticated, and innovative enterprises.
first, we need to establish a system and mechanism to promote the deep integration of the real economy and the digital economy. the third plenary session of the 20th cpc central committee proposed to improve the system to promote the deep integration of the real economy and the digital economy. zhejiang is a large and strong province in the digital economy. from january to april 2024, the operating income of the core industries of the digital economy above the designated size exceeded one trillion yuan, reaching 1.12 trillion yuan. zhejiang also has a developed real economy. last september, general secretary xi jinping emphasized during his inspection in zhejiang that the real economy should be regarded as the foundation for building a modern industrial system. in order to create a legal business environment conducive to the deep integration of the real economy and the digital economy, we must improve the digital economy supervision system in light of the actual situation and market demand. at the same time, through various means such as legal guarantees and policy support for the transformation and landing of digital scientific and technological achievements, we will promote digital technology cooperation between innovative scientific research institutions and industries, promote the landing of digital technology in the real industry, and encourage the enthusiasm of scientific researchers to innovate, thereby continuously highlighting the amplification, superposition and multiplication of digital technology on the development of the real economy.
second, we will improve and perfect the system and mechanism for cultivating specialized, sophisticated, and innovative enterprises. zhejiang is a province that is "leading" in specialized, sophisticated, and innovative enterprises. as of the first quarter of this year, zhejiang has cultivated a total of 1,432 specialized, sophisticated, and innovative "little giant" enterprises, ranking third in the country; 12,167 provincial-level specialized, sophisticated, and innovative small and medium-sized enterprises have been identified, and 28,553 innovative small and medium-sized enterprises have been evaluated. in june this year, zhejiang issued the "several opinions on further promoting the high-quality development of specialized, precise, and innovative small and medium-sized enterprises", encouraging qualified regions to give financial rewards to enterprises whose r&d expenses account for more than 3% of their operating income and whose annual growth rate is more than 20%, according to a certain proportion of the r&d expenses or basic research r&d expenses in the previous year. we will support specialized, sophisticated, and innovative small and medium-sized enterprises to establish provincial-level enterprise r&d institutions, increase their participation in provincial science and technology plan projects, and conquer more key core technologies in subdivided fields. we will further clarify that we must follow the gradient of "innovative small and medium-sized enterprises-specialized, sophisticated, and innovative small and medium-sized enterprises-specialized, sophisticated, and innovative 'little giant' enterprises", guide local areas to screen and establish a cultivation pool in a layered manner, guide enterprises to benchmark and improve, and support qualified "little giant" enterprises to grow into single champions in the manufacturing industry. in order to create a business environment based on the rule of law that is conducive to the cultivation of specialized, sophisticated and innovative enterprises, zhejiang needs to further refine the systems and mechanisms for cultivating specialized, sophisticated and innovative enterprises, establish and improve the "laws and regulations + policies" system, and establish and improve a precise service system of "universality + value-added".
[the author is a member of the zhejiang provincial committee of the communist party of china's expert advisory committee on building a rule of law zhejiang province, an advisory expert of the zhejiang provincial people's congress standing committee, and the chief legal advisory expert of the zhejiang law society]
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