First, the status quo of social intermediary institutions
By the end of May, 2004, there were ***5 1 social intermediary agencies registered in the industrial and commercial department of Longquan City. The actual situation is much higher than this figure, as well as law firms and some employment agencies, as well as non-profit non-governmental organizations that have not passed the registration. This paper analyzes the situation of 24 social intermediary institutions visited and investigated, as follows: (1) From the category, there are 7 consulting institutions, accounting for 29%; 5 evaluation institutions, accounting for 21%; 5 service organizations, accounting for 21%; 2 agencies, accounting for 8%; 2 supervisory institutions, accounting for 8%; Notary 1 person, accounting for 4%; Independent audit institutions 1 family, accounting for 4%; Other organizations 1, accounting for 4%. From the perspective of affiliation, there are 10, accounting for 42%; Nine companies rely on the original competent authorities to undertake business, accounting for 37%; Five companies operate in the market, accounting for 265,438+0%. In terms of scale, there are 9 companies with more than 10 employees, accounting for 37.5%, and 9 companies with 5- 10 employees, accounting for 37.5%; There are 6 families with less than 5 people, accounting for 2 1%. The survey shows that there are generally fewer permanent staff and more temporary staff. From the operating situation, there are 15 companies with normal operation and good benefits, accounting for 63%; There are 7 companies with average benefits, accounting for 29%; There are 2 companies with abnormal operation and poor efficiency, accounting for 8%.
Second, the problems of social intermediary institutions and their causes
(A) outstanding problems
First, "stay in the dark" and "take advantage". According to the survey, 42% of the intermediaries are not decoupled from the competent authorities, 37% rely on the original competent authorities to undertake business, and only 2 1% are truly market-oriented. The survey shows that most authorities are unwilling to give up this "fat meat" in their hands, which can bring some economic income after all. For example, some units use intermediaries to build "small treasuries" to make up for the lack of office funds and give benefits to employees.
Second, the competition is unfair. According to the survey, intermediaries in different regions do their own thing and do not interfere with each other. For example, the assessment agencies between different counties and cities have agreed in advance that the land occupied by them will not infringe each other's interests; In the same area, different intermediaries discuss with each other and share a piece of cake. Both the real estate department and the price department have real estate appraisal qualifications, but they are divided into two parts in business and do not infringe upon each other. The real estate that needs to be decided by the judicial organ shall be evaluated by the evaluation institution of the price department, and other real estate shall be evaluated by the evaluation institution of the housing management department. This affects the competition between intermediaries and harms the interests of consumers.
Third, the management authority is unclear and the responsibility is unclear. At present, some functional departments are unwilling, indifferent, afraid and unable to manage. Unwilling to manage-some functional departments think that the intermediary mechanism has been decoupled and handed over to industry associations for management, and the supervision is weakened. Moreover, it has little impact on the interests of the department, so it is laissez-faire and unwilling to take care of it; I don't know what to do-the relevant management measures are not clear about the functions of the department, so that the functional departments don't know where to start and perform management duties. For example, when the "three decisions" are made, the economic and trade department has the responsibility of managing trade associations and the industry management department. Clean up the administrative license, industry associations and non-governmental organizations are managed by the civil affairs department; Dare not manage-the management system is relatively backward, and the management of some new intermediaries is vague, such as some consignment shops and pawn institutions, and the relevant functional departments dare not bear the responsibility of poor management and dare not take the initiative to manage; Unable to manage-some functional departments have become profit-making tools for intermediaries that are not decoupled in order to safeguard their own interests. If there is a phenomenon that employees share shares, the income is mainly based on share dividends, and the competent department can't control it. There are also some "underground intermediaries" and some intermediaries with abnormal business, which the functional departments can't manage.
Fourth, the lack of credit leads to a new source of corruption. In order to survive and develop in the competition, it is understandable that for-profit social intermediaries pursue profits. Intermediaries have important procedural rights and professional rights. Due to the temptation and coercion of the interests of both intermediaries, some intermediaries acted as corrupt intermediaries for their own interests. For example, a city's discipline inspection and supervision organs investigated and dealt with a case of enterprise restructuring, and some social intermediaries played an ignominious role in the restructuring, resulting in seven party member cadres being punished by party discipline and political discipline, and three of them were transferred to judicial organs for handling.
(2) Cause analysis
1, there is a misunderstanding. Social intermediary institutions are products of market economy and new things of social development. At present, cadres and the masses do not know clearly and pay insufficient attention to it. First of all, the concept is vague. Many people think that "intermediary" is equivalent to "introduction", and simply understand intermediary organizations as providing information and consulting services, which will inevitably lead to insufficient trust in the behavior of intermediary organizations between the supply and demand sides of the market; Secondly, intermediary services are misunderstood as fees, and enterprises and individuals are unwilling to spend more money; Thirdly, underdeveloped areas are not used to cooperating with intermediaries, and are not good at and unwilling to use intermediaries to serve themselves. Some even mix the business and management of intermediaries.
2. The management system is relatively backward. The socialist market economy is a legal economy. As an intermediary market, there are no relevant regulations or laws and regulations to make it operate according to law. There are only some industrial regulations and systems, which are not necessarily standardized and comprehensive. The Measures for the Administration of Social Intermediaries in Zhejiang Province was promulgated in February 2002. With the rapid development of social intermediary organizations, it can no longer cover the management of all intermediary organizations. According to the relevant provisions of the Administrative Licensing Law, it needs to be improved through legislative procedures.
3. The social intermediary market is small. The economic aggregate is relatively small. Taking 2003 as an example, the annual GDP of Longquan City was 2.45 billion yuan, and the social intermediary market was small. For example, in 2003, the annual income of land appraisal institutions was only over 200,000 yuan, and it was difficult to guarantee the personnel funds. Intermediary institutions are just in the development stage, and the scale is generally small, accounting for 72.5% of institutions with employees 10 or less. Moreover, their development is unbalanced, there is no primitive accumulation, hardware investment is insufficient, service ability is weak, and market expansion ability is weak. For example, some "underground intermediaries" are generally affiliated with some relatively large intermediaries. If they have business, they will operate, and if they have no business, they will be dragged down. Some intermediaries exist in name only, such as science and technology intermediaries, with zero business volume in 2003.
4. Incomplete institutional reform. First of all, some intermediaries have been "publicly separated" in the process of restructuring. On the surface, it was decoupled from the competent authorities in accordance with relevant regulations, but in fact it was not decoupled, and the competent authorities were unwilling to decouple. It is a subordinate organization or trade union organization of the department, or the organization is independent, but the personnel are not decoupled, "changing the soup without changing the medicine." Take environmental protection, land and real estate assessment agencies as examples. Managers are basically career establishment, and some also perform certain administrative functions. Second, after some intermediaries are decoupled from government departments, they still keep in touch with the original competent departments or affiliated units and undertake business in the intermediary market, such as some firms and service departments.
5. Intermediaries are hard to be neutral. According to the survey, most intermediaries were separated from the functions of administrative departments in the process of transition from planned economy to market economy. One intermediary is often a private subject, the other is the representative of the manager or owner of state-owned assets, and the government department as the administrative manager. In this special pattern, the extremely asymmetric relationship between buyers and sellers makes it difficult for intermediaries to remain neutral, and it is easy for three parties to collude and benefit each other in a way that harms the public interest. At the same time, due to the imperfect laws and regulations of some intermediaries, some intermediaries, regardless of risks, cooperate with power departments through various relationships or seek power leasing, which has become a "black hand" that leads to corruption.
6. Too much administrative intervention. Some public departments hold the right to designate intermediary business, and actually control the lifeblood of intermediary institutions. For example, in the process of enterprise restructuring, the judiciary has the right to decide the auction institution and the evaluation institution, the land department can hand over the land survey and evaluation business to the surveying and mapping institution, and the construction department can hand over the evaluation of the house to its subordinate sole intermediary institution for evaluation. For the sake of their own interests, relevant departments have overlapping functions in the setting of intermediary functions, and some intermediary businesses are limited. For example, land assets evaluation must be approved by the land department before it can be determined that the banking system only recognizes housing and land evaluation agencies when mortgage loans are made. Because of the complex relationship, it is difficult for intermediaries to refuse improper demands from customers and officials, including all kinds of corruption demands.
7. Poor supervision and management. The responsibilities of government functional departments are not fulfilled, and supervision is relatively lacking. There is not enough coordination between departments, and there is no resultant force. At the same time, the lack of guidance, planning and management of intermediary institutions makes the development of intermediary institutions irregular, unbalanced and uncoordinated. First, there is no unified organization to organize, coordinate and lead the management of social intermediary institutions in underdeveloped areas like Longquan, and there is no association in the same industry. Second, the original industry authorities no longer have the function of guiding management, and the supervision is weakened, and the supervision is a mere formality. Some functional departments lack an open, fair and just social intermediary registration and yearbook approval mechanism; Third, some social intermediary organizations are managed by the competent authorities, and their business work, personnel relations, wage relations, etc. Are subordinate to the competent department. Some even have leaders and staff who are also the heads of intermediary organizations. Because it is "your own child", the phenomenon of combining leniency with severity in management is very serious; Fourth, some social intermediaries have neither industry management nor departmental management, which leads to a "vacuum" in supervision, such as real estate agents, consignment shops and pawn shops. Fifth, the self-management of intermediary institutions is weak, and they only seek economic benefits without internal management. There are problems such as imperfect system, unscientific mechanism, lax self-discipline in the industry and low quality of staff. Some intermediaries often grab business by hook or by crook for more economic benefits, which is not conducive to the healthy development of intermediaries.
Third, the countermeasures and suggestions to standardize the management of social intermediary institutions
(1) Raise awareness and strengthen leadership. Standardizing the development of social intermediary institutions is not only the objective requirement of socialist market economy, but also an important measure to strive for new advantages of the system. All walks of life must raise awareness, unify their thinking, strengthen leadership, vigorously support the development of various social intermediary organizations, give full play to the role of intermediary organizations as bridges and ties, unremittingly promote the standardization of intermediary organizations, and promote the healthy development of intermediary organizations. The propaganda department should intensify propaganda, so that the broad masses of cadres and the masses can increase their knowledge and understanding of social intermediary organizations, the judicial department should strengthen the popularization of law, the personnel department should organize and train the personnel of administrative institutions in a planned way, and the cadres of relevant functional departments, especially leading cadres, should strengthen their study in this respect. The whole society should raise awareness of the importance of social intermediary organizations and enhance the sense of responsibility and urgency in managing and standardizing social intermediary organizations.
(2) Strengthen management and standardize operation. First, governments at all levels should incorporate the cultivation, standardization and management of social intermediaries into the national economic and social development plan, earnestly perform their duties, optimize the development environment of intermediaries, and promote the healthy and orderly development of intermediaries. It is necessary to set up specialized agencies or designate specialized departments to organize and coordinate. Second, all relevant functional departments should perform their duties in accordance with the relevant provisions of the Measures for the Administration of Social Intermediaries in Zhejiang Province, increase the training and supervision of intermediaries and their employees, regularly analyze existing problems, put forward work suggestions, and be good government workers. Third, in accordance with the "Administrative Licensing Law" and other relevant laws and regulations, timely revise and improve the "Measures for the Administration of Social Intermediaries in Zhejiang Province". Fourth, we should establish intermediary trade associations as soon as possible. Intermediaries should join trade associations, and trade associations should formulate self-discipline norms and disciplinary rules, do a good job in self-discipline management and supervision, give full play to the role of industry self-discipline, keep abreast of the practice behaviors and violations of laws and regulations of intermediaries and their employees, promptly inform the administrative department of the rewards and punishments of intermediaries and their employees in the association, and keep a good credit record of intermediaries and their employees. Fifth, we must earnestly strengthen the substantive decoupling work. The functional departments of the government should, according to the spirit of the relevant documents of the State Council and the provincial government, proceed from the overall situation of maintaining the image of government organs and strengthening the building of a clean and honest government, further raise their awareness, give up departmental interests, sever economic ties, and strengthen substantive decoupling in accordance with the requirements of "comprehensive decoupling of personnel, finance, business and name". , so as to prevent abuse of power to engage in unhealthy practices and provide conditions for the honest practice and fair competition of intermediaries. Sixth, standardize administrative behavior and reduce administrative intervention. It is necessary to strictly implement the spirit of the document of the Zhejiang Provincial Commission for Discipline Inspection and the Organization Department of the Provincial Party Committee on forwarding the notice of the Central Commission for Discipline Inspection and the Central Organization Department on cleaning up the part-time jobs of party and government leading cadres in enterprises, intensify the cleaning up of the part-time jobs of leading cadres and public officials in intermediary institutions, and complete the cleaning up of the part-time jobs of leading cadres before the end of 2004.
(3) clean up and rectify and raise standards. First, we must crack down on illegal intermediary behavior and purify the intermediary market. All functional departments should conscientiously implement the Measures for the Administration of Social Intermediaries in Zhejiang Province, give full play to their respective regulatory functions, severely investigate and deal with illegal intermediary activities, and focus on investigating and dealing with false certification materials such as false capital verification, auditing, evaluation reports, certification, buying and selling certificates, publishing false information, contract fraud, collusion fraud and other dishonest acts and illegal acts. Units and individuals engaged in intermediary activities without a license shall be banned according to law. The second is to clean up and register social intermediary organizations and standardize their organizational forms. All relevant functional departments should clean up the registered social intermediary institutions, and the social intermediary institutions that should be included in the registration of industry and commerce and associations as stipulated by laws, regulations and rules should be registered for industry and commerce and associations within a time limit on the basis of cleaning up and rectification. Where laws and regulations have special provisions on the establishment of intermediary institutions, such provisions shall prevail. At the same time, according to the requirements of the Company Law, the Partnership Law and other laws and regulations, the existing social intermediary institutions will be gradually standardized as partnership enterprises or limited liability companies. The third is to establish a standardized qualification examination and approval procedure. On the one hand, it is necessary to strictly examine and approve the application of intermediaries, on the other hand, it is necessary to strictly check the qualifications of employees of intermediaries. In the future, any intermediary agency that does not have legal qualifications shall not be registered, registered, opened for business or engaged in intermediary activities. The fourth is to establish a standardized intermediary market charging system. Relevant departments and industry associations should further establish and improve the charging standards for intermediary activities and standardize the charging bills based on the nature, characteristics and business content of the industry and on the basis of full investigation and full demonstration. Relevant functional departments should regularly and irregularly supervise and inspect the use of charging bills of intermediary institutions, strictly use formal charging bills, put an end to charging with receipts and other bills, and increase penalties for non-implementation or refusal to implement them.
(4) Internal strength and external image. To standardize the internal management of social intermediary institutions, we can focus on guiding from three aspects. The first is to strengthen the education of employees. It is necessary to regularly or irregularly educate the employees of intermediary institutions on laws and regulations, party discipline and professional ethics, guide them to abide by professional ethics and industry discipline, and raise their awareness of obeying the law and doing things according to the rules. The second is to improve the internal assessment mechanism. The assessment of employees should not only look at the business volume, but also look at morality, ability, diligence and performance, and formulate assessment indicators and work objectives. The third is to establish a targeted supervision system and strengthen internal preventive measures in the form of post separation, multi-person participation and grading approval.
(5) Strengthen supervision and create an atmosphere. First, constantly improve the practice files of intermediary institutions, urge them to practice fairly, and constantly improve their practice level and work quality. Second, the regulatory authorities should study and formulate relevant regulations on the honest practice of intermediaries, adopt a "blacklist" system similar to project bidding for intermediaries that fail to keep their promises and affect their integrity, and resolutely implement a market ban system for intermediaries that are dishonest, distort their integrity and lose their jobs, and intermediaries and individuals that seriously violate the law. The third is to continuously improve the professional quality and level of supervision departments and personnel. To cultivate a professional supervision team with a good and hard time, we should not only master the professional knowledge of the industry, but also be familiar with relevant laws and regulations. Only when the quality of supervisors is improved can supervision be put in place. Fourth, we should strengthen supervision by public opinion. The news media should publicly expose intermediaries and personnel who practice in bad faith and operate in violation of laws and regulations, accept the supervision of the whole society, and create a good atmosphere of practicing in good faith and open competition.