[独家]企业活力激发需要制度定型市场监管体系

2014-07-10 11:58:45

国务院一系列深化改革举措,促使全社会将广泛形成守信光荣、失信可耻的浓厚氛围,使诚实守信成为全民的自觉行为规范,使企业的营商环境良好,又有体制比较成熟、制度更加定型的市场监管体系。对此,完全可以预料到企业的活力势必更加得到激发。

近日,国务院下发《关于促进市场公平竞争维护市场正常秩序的若干意见》(以下简称《意见》),这是自改革开放以来国务院首次系统完整地提出关于完善市场监管体系的顶层设计。《意见》出台目的是,围绕使市场在资源配置中起决定性作用和更好发挥政府作用,着力解决市场体系不完善、政府干预过多和监管不到位问题,坚持放管并重,实行宽进严管,激发市场主体活力,平等保护各类市场主体合法权益,维护公平竞争的市场秩序,促进经济社会持续健康发展。总体目标定为,立足于促进企业自主经营、公平竞争,消费者自由选择、自主消费,商品和要素自由流动、平等交换,建设统一开放、竞争有序、诚信守法、监管有力的现代市场体系,加快形成权责明确、公平公正、透明高效、法治保障的市场监管格局,到2020年建成体制比较成熟、制度更加定型的市场监管体系。

《意见》提出了5条促进市场公平竞争维护市场正常秩序基本原则,简政放权、依法监管、公正透明、权责一致、社会共治。从7个方面提出了27条改革措施及其责任单位。对监管者,法未授权,不能为、法有规定的,必须为;对市场主体,法不禁止的,即可为。在监管方式上坚持运用法治思维和法治方式履行市场监管职能,加强事中事后监管,推进市场监管制度化、规范化、程序化,建设法治化市场环境。《意见》创新了风险监管、信用监管、平台监管等监管方式。

《意见》提出的社会共治原则,明确要充分发挥法律法规的规范作用、行业组织的自律作用、舆论和社会公众的监督作用,实现社会共同治理,推动市场主体自我约束、诚信经营。社会力量是市场监管中不可或缺的力量。

《中央政府门户网站》刊登题为“完善市场监管体系的顶层设计与行动方案” 文章。文章提到,(多年来)市场监管仍存在不少问题。主客观原因都有,回过头来看,重要原因在于监管理念与监管方式陈旧落后,以计划经济的手段管理市场经济条件下的市场主体。长期以来,重审批轻监管,重市场主体资格轻市场主体行为,重事后处罚轻事前预防,重他律轻自律,重政府单方监管轻社会共治,导致监管着力错位,监管能力不足,监管效果欠佳。

在《中央政府门户网站》刊登另一篇题为“政府要当好规则守护者”文章中提到,从当前经济发展中企业反映较突出的问题看,加强市场监管也是势在必行。对1500家上市公司的问卷调查显示,近90%的企业认为政府监管对保障公平竞争环境的作用尚未充分发挥,其中有35%认为监管严重不到位。有41.6%的企业遭遇过知识产权侵权,有40%的企业认为用法律手段保护知识产权很难取得效果,有23.5%的企业认为近年来地方保护加重了。调查问卷结果还显示,有1/4以上的制造业企业和批发零售业企业都认为假冒伪劣问题很严重。文章还提到,很多企业反映环保、安全、质量等方面监管力度不足,导致违规成本低,守法成本高。行业标准落后且实施不严,导致准入门槛过低,落后产能不断扩张。文章还反映了,现实中由于监管执法中自由裁量权过大,重检查、处罚,轻培训、指导,使得企业在接受相关部门的检查或处罚时,“找关系、托熟人”以期被照顾或避免“被特别照顾”的情形已成为常态,执法人员在行使职权时暗示采购其指定产品或索取好处的现象时有发生。文章还提到,在实际运行中,企业对监管程序不透明,程序过长过繁有很大意见。

这两篇文章所提到的市场监管中的情况和存在问题也是水泥行业实际情况和存在的问题。重审批企业准入、许可,轻监管企业的市场主体行为。加上监管执法中自由裁量权过大,直接反映在企业违规成本低,守法成本高。有样学样,蔓延形成“法不责众”局面,监管越发“不为”。《意见》提出,依法规范生产、经营、交易等市场行为,创新监管方式,保障公平竞争,促进诚信守法,维护市场秩序。从强化生产经营者主体责任、强化依据标准监管、严厉惩处垄断行为和不正当竞争行为、强化风险管理、广泛运用科技手段实施监管等五个方面强化市场行为监管。在强化生产经营者主体责任上,创新提出了建立企业产品和服务标准自我声明公开和监督制度,建立消费品生产经营企业产品安全事故强制报告制度,建立生态环境损害责任制度等。在强化风险管理上提出,建立对高危行业、重点工程、重要商品及生产资料、重点领域的风险评估指标体系、风险监测预警和跟踪制度、风险管理防控联动机制。在广泛运用科技手段实施监管方面要求,充分利用信息网络技术实现在线即时监督监测,加强非现场监管执法。要利用物联网建设重要产品等追溯体系,形成“来源可查、去向可追、责任可究”的信息链条等。

守法企业期望强化市场行为监管,期望监管程序透明,程序简洁。上面提到的近90%的企业认为政府监管对保障公平竞争环境的作用尚未充分发挥,其中有35%认为监管严重不到位的情况,说明了《意见》提出的坚持运用法治思维和法治方式履行市场监管职能,加强事中事后监管,推进市场监管制度化、规范化、程序化,建设法治化市场环境和政府监管标准公开、程序公开、结果公开,保障市场主体和社会公众的知情权、参与权、监督权原则对促进市场公平竞争维护市场正常秩序是十分急迫且完全必要的。

《意见》从严格依法履行职责、规范市场执法行为、公开市场监管执法信息、强化执法考核和行政问责等四个方面改进市场监管执法,确保依法执法、公正执法、文明执法。在严格依法履行职责方面明确,市场监管部门不得作出影响市场主体权益或增加其义务的决定。这就划定了市场监管部门监管底线,保证了法未授权,不能为的实施。在规范市场执法行为方面要求,建立行政执法自由裁量基准制度,细化、量化行政裁量权,公开裁量范围、种类和幅度,严格限定和合理规范裁量权的行使。在公开市场监管执法信息方面要求推行,地方各级政府及其市场监管部门权力清单制度,依法公开权力运行流程。公示行政审批事项目录,公开审批依据、程序、申报条件等。依法公开监测、抽检和监管执法的依据、内容、标准、程序和结果。而在强化执法考核和行政问责方面规定,对市场监管部门及其工作人员未按强制性标准严格监管执法造成损失的,要依法追究责任。因过错导致监管不到位造成食品药品安全、生态环境安全、生产安全等领域事故的,要倒查追责,做到有案必查,有错必究,有责必追。不顾生态环境盲目决策,造成严重后果的领导干部,要终身追究责任。通过这些强有力的措施,把监管权力关进制度的笼子里,让监管权力在阳光下运行,让人民监督监管权力,保证了对行政机关不作为,乱作为、以罚代管等违法行为的有效监督,解除了企业普遍存在对监管执法中自由裁量权过大有意见,却又只能处在“弱势”位置不敢多“言”的后顾之忧。

《意见》提出,充分发挥社会力量在市场监管中的作用,调动一切积极因素,促进市场自我管理、自我规范、自我净化。从发挥行业协会商会的自律作用、发挥市场专业化服务组织的监督作用、发挥公众和舆论的监督作用等三个方面健全社会监督机制。《意见》明确要求,限期实现行政机关与行业协会商会在人员、财务资产、职能、办公场所等方面真正脱钩。推进检验检测认证机构与政府脱钩、转制为企业或社会组织的改革。这些措施是充分发挥社会力量在市场监管中作用的首要前提,否则,政府、市场、社会三驾马车并驾齐驱、共同治理完善市场监管体系大方略中,社会这匹马车名不副实,又成为了事实上的政府、市场两驾马车,社会共治也将落空。在《意见》中还创新提出了,探索一业多会,引入竞争机制。说明在顶层设计中已经注意到,发挥行业协会商会在市场监管中的作用需要引入竞争机制,有了多个参与,才会有竞争,才会有改革的动力,否则也有走入“死胡同”的可能。

联系到近期国务院下发《社会信用体系建设规划纲要(2014—2020年)》,将社会信用体系的重要性和地位明确为是市场经济体制和社会治理体制的重要组成部分。以提高全社会诚信意识和信用水平、改善经济社会运行环境为目的。国务院办公厅下发《关于进一步加强涉企收费管理减轻企业负担的通知》,目的是进一步推进简政放权,建立权力清单制度,充分发挥市场配置资源的决定性作用。看住向企业乱伸的手,减少行政审批和涉企收费项目,真正从根源上减轻企业负担。”

国务院一系列深化改革举措,促使全社会将广泛形成守信光荣、失信可耻的浓厚氛围,使诚实守信成为全民的自觉行为规范,使企业的营商环境良好,又有体制比较成熟、制度更加定型的市场监管体系。对此,完全可以预料到企业的活力势必更加得到激发。

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Correlation

This article is selected from Song Zhiping's book "Reform Heart Road", which describes his motivation and effect of restructuring cement in those years, and has been published by China Cement Network. Recently, there has been a call for restructuring and mergers and acquisitions in the cement industry. Reviewing this old article may have the effect of reviewing the old and learning the new, encouraging the industry to promote a new round of restructuring, and solving the persistent problems of the industry.

2024-09-16 10:19:30

According to the report, in the second half of 2024, the external environment is still complex and severe, and the operation and development still face many risks and challenges. From the perspective of the industry, in the second half of the year, the marginal demand for cement improved, the supply compression continued to increase, and the contradiction between supply and demand in the industry was prominent. From the company's point of view, strategic opportunities and risks coexist, uncertainties increase, the complexity and severity of the business situation, the heavy and arduous tasks continue to intensify.

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2024-08-21 09:47:26

In the first half of the year, in the face of the cyclical changes in the macro-economy and the long-term accumulation of structural contradictions in the cement industry, the company focused on the goal of steady growth, unswervingly implemented the strategy of "integration, internationalization and differentiation", accelerated the transformation of digital intelligence and low-carbon development, made every effort to reduce costs, improve quality and increase efficiency, and made great efforts to maintain a stable state of production and operation.

2024-08-09 17:18:44

In his speech, Gui Tongsheng emphasized that the company must set up correct expectations, accurately position itself, maintain confidence and determination, coordinate short-term and long-term, scale and quality, development and safety, reform and stability, firmly shoulder the political responsibility of restorative growth, and continue to press forward towards the annual target task with solid work.

2024-08-09 09:57:02

China's urbanization rate has increased by 1 percentage point, which can stimulate the new investment demand of trillion yuan scale.

2024-08-07 15:47:16

Twenty-seven departments, including the General Administration of Market Supervision, are scheduled to jointly launch the National "Quality Month" in September 2024.

2024-08-07 14:14:00

Formulate product carbon footprint accounting rules and standards. To formulate and issue national standards such as general rules for quantification of product carbon footprint, and to clarify and unify the requirements for product carbon footprint accounting principles, accounting methods and data quality. According to the principle of urgent use first, focus on electricity, fuel,

2024-08-02 17:22:08

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2024-07-31 15:56:20

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2024-07-30 15:36:38

The vast number of employees are in the front line of production and operation activities, and have the convenience and advantages of discovering and reporting hidden dangers of accidents at the first time.

2024-07-26 10:11:03

In the past two decades, the demand change of China's cement industry has gone through three development stages: high-speed development period (2004-2012), high-level platform period (2013-2021), and downward demand period (from 2022 to now).

2024-07-23 16:45:00

The Third Plenary Session of the 20th Central Committee of the Communist Party of China was held in Beijing from July 15 to 18, 2024.

2024-07-18 16:57:22

According to the data center of China Cement Market, the price of cement in Guangdong and Guangxi markets has been stable after rising in the week. At present, the overall price of the two lakes region is mainly stable, and there is a decline in some areas.

2024-07-05 17:16:30

The objectives and tasks put forward in the Action Plan are clear, the safeguard measures are strong, and the guidance and operability are strong, which is of great significance to promote the green and low-carbon development level of the cement industry.

2024-06-07 23:36:27

It is pointed out in the plan that the standard of carbon footprint accounting rules for key products will be issued. Priority should be given to key products such as iron and steel, electrolytic aluminium and cement, and accounting rules and standards should be formulated and issued.

2024-06-05 10:41:18

What are the outstanding contradictions and deep-seated problems in the field of tendering and bidding at present? How to crack it from the institutional level? The reporter interviewed the responsible comrades of the Law Department of the National Development and Reform Commission.

2024-06-04 11:06:51

By the end of 2025, the proportion of production capacity above the benchmark level of energy efficiency in cement and ceramics industries will reach 30%, that of production capacity above the benchmark level of energy efficiency in flat glass industry will reach 20%, and that of production capacity below the benchmark level of energy efficiency in building materials industry will be completed or eliminated.

2024-05-29 20:21:02

In fact, I have no secret to do business, if I have to say, I would like to talk about the three basic points of my business: learning, innovation and responsibility. It is these three basic points that make me stick to the enterprise and make some achievements.

2024-05-22 13:16:41

On April 18, the sixth general meeting of the seventh session of Hubei Cement Industry Association and the annual meeting of cement enterprises in the whole province were successfully held in Yichang, Hubei Province. The theme of this conference is "overcome the difficulties together, concentrate on moving forward, and work together to promote the rational return of the value of Hubei cement industry".

2024-04-19 09:30:08

He said that the incorporation of carbon indicators into carbon trading and the promotion of supply-side structural reform through carbon emission reduction are conducive to the improvement of industry value and efficiency. In the medium term, the demand for cement will continue to decline, and the promotion of carbon trading is expected to accelerate the clearance of rich production capacity in the long run.

2024-04-18 11:11:03

At the annual collective performance presentation meeting in 2023, China Building Materials Group emphasized the importance of high-quality growth, standardized governance, deepening reform and market value recognition. Wei Rushan indicated that the Group will continue to optimize the industrial layout, deepen reform, improve the efficiency of corporate governance, and strengthen investor communication to create a dynamic modern corporate governance mechanism. The conference aims to improve the quality of listed companies controlled by central enterprises, deepen investors'understanding and help build a better capital market.

2024-04-17 09:18:24

"Entrepreneurs are the kind of people who are eager for success, entrepreneurs are the kind of people who are indomitable in difficulties, entrepreneurs are the kind of people who have the feelings of home and country in their hearts, entrepreneurs are the kind of people who always face the front." Mr. Song Zhiping is a model of outstanding state-owned entrepreneurs. During his tenure, he led two insolvent central enterprises, China Building Materials Group and Sinopharm Group, into the world's top 500, and was known as "China's Inamori Kazuo".

2024-04-03 21:34:56

Zheng Jianhui expects cement demand to decline by at least 3% in 2024.

2024-04-03 15:12:49

The plan requires that by the end of 2025, the comprehensive energy consumption per unit product of cement clinker will be reduced by 3.7% compared with the end of 2020.

2024-03-21 10:28:24

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2024-03-21 09:40:59

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2024-03-14 14:35:53

Zhao Xinjun affirmed the marketing work in the past year and pointed out the shortcomings in the work. In view of the marketing work in 2024, he put forward three clear requirements.

2024-03-02 10:12:23

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2024-03-01 11:48:58

Recently, the fourth meeting of the Central Committee on Finance and Economics was held to study the issue of effectively reducing the logistics cost of the whole society.

2024-02-29 10:49:58

The subordinate units of Gezhouba Cement Company earnestly studied and comprehended the spirit of the meeting at the first time, and expressed that they should keep up with the pace of the company's reform and development, maintain a vigorous and popular style, a realistic and pragmatic attitude, and dare to do good deeds, and implement the decisions and arrangements of the Party Committee and the company to the letter, so as to make unremitting efforts for the company to build a first-class building materials provider with high-quality development!

2024-02-23 10:12:52

In the future, with more firm confidence and more pragmatic style, Haining South will deepen the implementation of Sanjing management, continue to improve service quality, expand brand influence, plan and prepare early, advance bravely towards a higher level and higher quality development, and contribute more to the creation of world-class New Tianshan Cement.

2024-02-23 09:09:30

It mentioned that to support the promotion and application of green building materials, government procurement projects should strictly implement the "Green Building and Green Building Materials Government Procurement Demand Standards" and other standards.

2024-02-18 11:19:34

In order to do a good job in the prevention and control of air pollution in autumn and winter and effectively deal with heavy polluted weather, the Ministry of Ecology and Environment has focused on key areas, highlighted the two tasks of "heavy polluted weather response and emission supervision up to the standard", and coordinated the work of "online and offline" battlefields. More than 9700 local law enforcement officers were mobilized, eight rounds of on-site and remote supervision and assistance on air pollution were carried out, more than 16000 enterprises were found to have problems, and more than 32000 gas-related environmental problems were solved.

2024-02-05 11:25:38

The Interim Regulations on the Management of Carbon Emission Trading have been adopted by the 23rd Standing Meeting of the State Council on January 5, 2024, and are hereby promulgated for implementation as of May 1, 2024.

2024-02-05 10:18:29

For more policies and data on carbon emissions in the cement industry, please check the Double Carbon Channel of China Cement Network.

2024-02-04 17:01:23

In recent years, Guangxi has replaced cement production capacity from 18 provinces in China, and the cement clinker production capacity of 12 projects under construction has reached 17.34 million tons, which is 2.9 times the increment of the 13th Five-Year Plan.

2024-02-02 14:24:58

On January 30, 2024, Conch Group held the 2024 Working Conference and the Second Session of the Fourth Workers'Congress at its headquarters.

2024-01-31 10:30:23

Commercial concrete is closely related to people's production and life. The practice of fixing or changing commodity prices, restricting the production quantity of commodities and dividing the sales market by the enterprises involved hinders the normal functioning of the market price mechanism, excludes and restricts market competition, and restricts the right of users to freely agree on commodity trading prices. The investigation and punishment of this case restored the market order of fair competition and effectively safeguarded the interests of downstream enterprises and consumers.

2024-01-29 11:52:01

On January 27, the North Cement Sales Company held the 2024 annual working meeting in Changchun.

2024-01-29 09:21:21

Focus on reducing cement clinker production capacity in areas where limestone resources are scarce and air quality is poor, and support clinker production enterprises to carry out layout outside the province and transfer to key construction areas determined by the province. We will further study and implement the integrated withdrawal plan for cement clinker production lines with a capacity of 2500 tons per day or less.

2024-01-26 14:20:19

It is proposed that by 2026, important progress will be made in the digital transformation of China's raw material industry.

2024-01-26 00:13:23

Jidong Cement should increase its efficiency, adhere to the principle of expanding the market and reducing the cost, coordinate the work of mine resource reserve and regional market integration, and ensure a breakthrough in the year.

2024-01-19 16:56:05

When the reference oxygen content of the cement kiln and the waste heat utilization system at the kiln tail is 10%, the hourly average emission concentrations of particulate matter, sulfur dioxide, nitrogen oxides and ammonia are not higher than 10, 35, 50 and 8 mg/m3 respectively.

2024-01-15 09:15:17

Building a beautiful China is an important goal of building a socialist modern country in an all-round way and an important part of realizing the great rejuvenation of the Chinese nation.

2024-01-12 10:30:43

The Regulations on the Development and Application of Bulk Cement and New Wall Materials in Guangdong Province have been adopted by the 22nd Standing Meeting of the 14th Guangdong Provincial People's Government on November 30, 2023, and are hereby promulgated for implementation as of March 1, 2024.

2024-01-11 21:11:51

Recently, the local weather conditions in China are not good, the recovery of market demand is insufficient, the price of concrete is mainly stable, and the local pressure is falling. From September 12 to September 18, the national concrete price index closed at 112.93 points, down 0.21% annually and 10.83% year-on-year.