1. Change supervision concepts and reform supervision methods
(1) Adapt to the requirements of the new situation and change supervision concepts. Director Zhang Mao pointed out in his speech that to implement the "Opinions", we must actively change the regulatory concept. It is necessary to establish a spirit of reform and exploration, put supervision work in the overall situation of reform and development to think and plan, and keep up with the pace of deepening reform and functional transformation of industry and commerce. It is necessary to achieve "four changes" ideologically, that is, to shift more from ex-ante supervision to interim and ex-post supervision and market behavior supervision; to shift from relying on traditional administrative supervision means to focusing on the use of credit supervision means; to shift from focusing on standardizing the qualifications of subjects Transform to the main standardizing subject behavior; transform from supervision and law enforcement in a single department and a single region to collaborative supervision and comprehensive law enforcement across departments and regions, and continuously improve regulatory efficiency. Specific to the work, it is necessary to reform the existing market inspection system and grid supervision system, from focusing on daily inspections to focusing on random inspections, and from implementing the grid supervision responsibility system of industrial and commercial offices to implementing supervision by dedicated supervisors. and other changes to new systems and new methods that adapt to the current market supervision status, promote a new historical period for grassroots industrial and commercial offices, give full play to the administrative functions of industry and commerce, and achieve potential, status, and authority.
(2) Fully implement the "double random" spot inspection system and establish an innovative comprehensive supervision mechanism. It is recommended that the authority of selection be appropriately delegated. Under the general principle of separation of selection and inspection, district and city industrial and commercial bureaus and county (district) industrial and commercial bureaus should be responsible for selecting enterprises registered in the bureau. For example, the registration section of the district or city industrial and commercial bureau is responsible for selecting enterprises registered by the bureau, and then the enterprise supervision and management section is responsible for inspection; the registration bureau of the county (district) industrial and commercial bureau is responsible for selecting enterprises registered by the bureau, and then the enterprise supervision and management section is responsible for inspecting corporate legal persons , entrust the Industry and Commerce Office to be responsible for inspecting sole proprietorships and partnerships. After receiving the list of enterprises for random inspection, each inspection unit must arrange the random inspection time reasonably. It is recommended that the inspection volume be divided into 12 months on average, so that the number of households inspected every month can be known. Make a spot inspection plan at the beginning of the month, check the progress in the middle of the month, look back at the end of the month, and write a spot inspection summary every month. Both the plan and the summary should be reported to the higher-level industrial and commercial authority for filing.
(3) Implement the “double notification” mechanism to achieve coordinated supervision. The "licensing first, then certification" reform has caused some market entities to have a misunderstanding and believe that approval and supervision are not needed; some approval departments have also experienced regulatory loopholes due to incomplete information and data. Implement a "double notification" mechanism to remind market entities that after obtaining a business license, they must go to the relevant approval department to apply for license approval of the business project before they can carry out business activities. Use the data platform to timely transmit commercial registration information involving approval of business projects to relevant approval departments to achieve regulatory information exchange and avoid regulatory vacuums and "grey areas." Coordination and communication must also be strengthened within the industrial and commercial system. For example, when it comes to enterprise establishment and change registration, food production and operation license acquisition, change, and extension, trademark right pledge, and administrative penalties, an advance notification letter shall be issued to target the company in a targeted manner. Promote and guide enterprises, guide them to disclose corporate credit information in a timely manner, disclose their true credit information data to the public, and make enterprises aware of the legal consequences of not disclosing corporate information in a timely manner or untruely disclosing corporate information, so as to realize the development of the credit information disclosure system platform The data is timely and accurate, providing basic data for social supervision.
(4) Adhere to the principle of delegating power, delegating power and taking into account both administration and management, and comprehensively control unlicensed business operations. On the basis of actively promoting the reform of "licensing first and certificate later", all business licenses will be liberalized except for business projects involving the safety of people's lives and property and the stability of social and economic development. It is necessary to guide legal market entities to apply for business licenses at the industrial and commercial departments as much as possible. It is recommended to amend the inappropriate clauses of the "Measures for Investigation, Punishment and Ban of Unlicensed Businesses" as soon as possible so that all legal market entities have business licenses and establish a truly complete and standardized "economic household registration". ". For operators who produce and sell counterfeit and shoddy goods, smuggled and resold goods, and it is impossible to obtain a business license, we will intensify crackdowns and clampdowns. For enterprises listed in the abnormal business directory or untrustworthy enterprises, we will give them the opportunity to repair their credit, effectively preventing unlicensed operators. of production.
(5) Accelerate the promotion of simple cancellation and improve the exit mechanism for market entities. A sound and orderly market should have entry and exit, and a quick exit mechanism should be established. Improve relevant laws and regulations as soon as possible, clarify the exit methods, conditions, responsibilities and procedures of various market entities, and lay a legal foundation for the orderly exit of market entities.
Accelerate the promotion of simple deregistration. Simple deregistration of unopened enterprises no longer requires filing certificates for liquidation groups, filing of liquidation reports, and newspaper announcements; simple deregistration of enterprises without claims and debts no longer requires newspaper announcements. Introduce a commitment system and promise that all legal responsibilities arising from deregistration will be borne by the deregistration applicant, simplify the deregistration approval process, implement a one-review, one-verification system, shorten the exit time limit, reduce exit costs, and improve exit efficiency.
2. Highlight the credit constraint mechanism and open a new model of credit supervision
(1) Clarify the functions and status of the industrial and commercial departments in credit supervision. Under the new situation, the industrial and commercial departments must play at least the following five functions in corporate credit supervision: First, the credit information recording function, such as entering various information formed in market access, market supervision and other businesses on various information platforms. We have done this now. The second is the credit information disclosure function, such as disclosing corporate credit information to the public through the corporate credit information disclosure system or other channels. The third is the trustworthy incentive function, such as establishing a model of integrity through publicizing enterprises that “abide by contracts and respecting credit”, identifying well-known trademarks, and selecting units that satisfy consumers, and guide enterprises to establish good credit. The fourth is the credit building guide function, such as guiding enterprises to be honest and trustworthy through publicity and education. The fifth is the punishment function for dishonesty, such as using administrative law enforcement methods to crack down on corporate dishonesty that infringes on public and administrative order.
(2) Clarify the meaning of “illegal in one place, restricted everywhere”. "Illegal in one place, restricted everywhere" has five or five levels of meaning. The first is that in the national industrial and commercial registration system, as long as it is illegal and restricted in one place, it will also be restricted when registering in other places. This is basically done now. The second is reflected in our business work. Those who are punished in one place for violating anti-unfair competition, advertising, direct selling and other laws and regulations will also be subject to restrictions or varying degrees of focused supervision in other places. The third is in terms of collaborative management. If one department is included in the list of serious illegal enterprises or abnormalities, other departments will draw attention and carry out key supervision. The fourth is industry associations and social intermediary organizations. If a company violates the law in one place, no matter where it is, the relevant industry associations and social intermediary organizations should pay attention to it based on the information obtained, and even impose corresponding punishments or penalties. The fifth is the market entities and consumers with whom we deal. If an enterprise is listed as a serious illegal enterprise by the industrial and commercial department, the bank will no longer grant loans to it. Under the same conditions, some companies are unwilling to sign new contracts with them, and consumers are unwilling to purchase their products or receive services from them. This is the true meaning of "illegal in one place, restricted everywhere."
(3) Further improve the list of abnormal business operations and the system of enterprises with serious violations. The principle of "illegal in one place is restricted everywhere" is easy to understand, but how can a company know about illegal information in one place and everywhere? The basis for solving these problems is to build a good credit information disclosure system for market entities. This is the construction of "one national network" mentioned in the "Opinions". Before this network is built, the first thing we need to do is to strengthen communication and coordination with relevant functional departments and promote the widespread application of credit information of enterprises listed on the list of abnormal operating operations and enterprises with serious violations in the whole society. It is recommended to establish and improve a departmental collaboration mechanism so that the list of abnormal operating operations and the system of seriously illegal enterprises can obtain the unanimous support and cooperation of all law enforcement units and industry authorities at the county (city) level, and cooperate thoroughly with relevant functional departments. Communicate, share resources, find problems, deal with them in a timely manner, and give timely feedback to achieve orderly connection in each link, strengthen the sense of responsibility, work together to solve problems at work, comprehensively promote the directory of abnormal operations and the enterprise system for serious violations, and ensure The effective implementation of "If trust is broken at one place, it will be restrained everywhere" will lay a more solid foundation for the industrial and commercial departments in the future corporate annual report work.
3. Strengthen internal and external joint supervision and build a social governance structure
(1) Strengthen the division of labor and collaboration within the unit. It is necessary to further clarify job responsibilities, strengthen communication and cooperation between departments and departments, and between agencies and grassroots, to ensure that "big functions" are "small decomposed" within the unit. It is necessary to improve the working mechanism that connects registration and supervision internally, change separate lines of operations into systematic and integrated operations, and coordinate related work to form a combination to fight the overall war; change market inspections to random inspections and key inspections, Improve working mechanisms such as spot inspection system, joint organization and supervision, and listing supervision.
Establish and improve the unified coordination and command mechanism for cross-regional law enforcement within the system, improve work systems such as matter assignment, work supervision, case supervision, law enforcement supervision, performance evaluation, situation reporting, etc., accelerate the reengineering of work processes, and realize the role from overall leadership to business guidance change. Promote the industrial and commercial departments from "physical combination" to "chemical integration" to achieve full-process supervision and integrated law enforcement.
(2) It is necessary to strengthen inter-departmental linkage and coordination. It is necessary to strengthen communication and cooperation between departments, strengthen communication and business collaboration with relevant functional departments, form a "small division of labor, large collaboration" mechanism led by the responsible department and coordinated by relevant departments, and promote the sharing of information between departments, Law enforcement linkage, comprehensive management, and seamless connection. It is necessary to establish a cross-department and cross-regional market supervision coordination mechanism. Establish cross-department and cross-regional market supervision collaboration and linkage and case transfer and notification systems, establish and improve cross-department linkage response and breach of trust punishment mechanisms, and actively promote unified market supervision and comprehensive law enforcement models. Incorporate market order supervision into the scope of "big city management", improve government management and public governance methods, use big data to achieve transparent management of the government's "four lists" of negative list, problem list, power list and responsibility list, and strengthen corporate supervision , quality and safety, energy conservation and consumption reduction, environmental protection, food safety, production safety, credit system construction, tourism services and other fields, promote market supervision, inspection and testing, illegal breach of trust, enterprise production and operation, sales logistics, complaints and reports, consumer rights protection and other data Integration and correlation analysis to improve government decision-making and risk prevention capabilities.
(3) Social collaborative supervision must be strengthened. In market supervision, social supervision is an indispensable element. The first is to use the power of public opinion supervision of the news media to expose the blind spots and black spots of market supervision and give full play to the pivotal role of the news media in market supervision. The second is to delegate power to social organizations. We can take advantage of the opportunity of increasing the construction of social organizations and various industry associations to delegate power to the market in a timely manner, allowing industry associations, social groups, technical institutions and other social organizations to play an important role in formulating industry standards, punishing violations, and maintaining competition order and other regulatory and self-discipline aspects. Role. The third is to mobilize the public to participate in market supervision. On the one hand, the industrial and commercial departments can disclose the annual report information of commercial entities to the public through information platforms for public inquiry, so that the business activities of commercial entities can be subject to public supervision. At the same time, we can accept reports from the public by opening a reporting hotline, setting up online mailboxes, Weibo, etc., and by improving the reporting mechanism, we can stimulate the public's enthusiasm for reporting violations of laws and regulations, so that every member of the society can supervise the market voluntarily and care and supervise. Market order has become an important force in the field of market supervision.