Several Opinions of the State Council on Promoting Fair Competition in the Market

The people's governments of all provinces, autonomous regions and municipalities directly under the Central Government, ministries and commissions of the State Council, and their respective agencies:

In accordance with the spirit of the "Decision of the Central Committee of the Communist Party of China on Comprehensively Deepening the Reform of Some Major Issues", the State Council's institutional reform and functional transformation requirements, the following opinions are now proposed to improve the market supervision system, promote fair competition in the market, and maintain normal market order.

First, the overall requirements

(1) Guiding ideology.

Guided by Deng Xiaoping Theory, the important thinking of the "Three Represents", and the scientific outlook on development, we will thoroughly study and understand the spirit of the Party's 18th and 18th Central Committees, and implement the decision-making arrangements of the Party Central Committee and the State Council. Focusing on making the market play a decisive role in resource allocation and giving better play to the role of the government, we will focus on solving the problems of imperfect market system, excessive government intervention and inadequate supervision, insisting on equal management, implementing strict and strict management, and inspiring the vitality of market players. Equally protect the legitimate rights and interests of all types of market entities, maintain a fair market order, and promote sustained and healthy economic and social development.

(2) Basic principles.

Simple administration and decentralization. Give full play to the decisive role of the market in resource allocation, put the power of the release into place, reduce the threshold for entry, and promote employment and entrepreneurship. If the law does not prohibit it, the market entity can do it; if the law is not authorized, the government department cannot do it.

Supervision by law. Better play the role of the government, adhere to the rule of law and the rule of law to perform market supervision functions, strengthen post-event supervision, promote institutionalization, standardization and proceduralization of market supervision, and build a legalized market environment.

Fair and transparent. All kinds of market entities have equal rights, equal opportunities, and equal rules. The government's regulatory standards are open, procedures are open, and results are open, which guarantees the market participants and the public's right to know, participate, and supervise.

The rights and responsibilities are consistent. Scientifically divide the responsibilities of the governments at all levels and their departments; if the law stipulates, the government departments must. Establish and improve the supervision system, implement the market entity behavior standardization responsibility, department market supervision responsibility and the territorial government leadership responsibility.

Social governance. Give full play to the normative role of laws and regulations, the self-discipline role of industry organizations, public opinion and the supervision role of the public, achieve social common governance, and promote self-discipline and integrity management of market entities.

(3) Overall objectives.

Based on promoting independent business and fair competition, consumers are free to choose and consume independently, goods and elements are freely flowing and exchanged on an equal footing, and a modern market system with unified openness, orderly competition, honesty and law-abiding, and strong supervision is established to accelerate the formation of clear powers and responsibilities. The market supervision structure of fairness, justice, transparency and efficiency, and the rule of law guarantees that by 2020, a market supervision system with a relatively mature system and a more stable system will be established.

Second, relax market access

Where the market entity is based on voluntary investment operations and civil and commercial activities, the government may not restrict entry as long as it does not belong to areas prohibited by laws and regulations and does not harm third-party interests, social public interests, and national security.

(4) Reforming the market access system. To formulate a negative list of market access, the State Council clearly lists the industries, fields, and businesses that prohibit and restrict investment operations by means of a list. All types of market entities outside the list can enter the market equally; local governments need to make individual adjustments. Provincial governments have been approved by the State Council. (The Development and Reform Commission and the Ministry of Commerce take the lead in reforming the industrial and commercial registration system, promoting the facilitation of the industrial and commercial registration system, and greatly reducing the pre-approval, from the first license to the first license. (The State Administration for Industry and Commerce and the Central Organization Office take the lead in simplifying the procedures, shortening the time limit, and encouraging the exploration and implementation of the industrial and commercial business license, organization code certificate and tax registration certificate "three certificates in one" registration system. (Responsible for local people's governments at or above the county level) to improve market access standards for energy conservation, water conservation, environment, technology, and safety. Exploring the management mode of foreign investment in pre-entry national treatment plus negative list. (Development and Reform Commission, Ministry of Commerce take the lead)

(V) Vigorously reduce administrative examination and approval matters. Investment approval, approval of production and operation activities, qualification qualification and recognition of qualifications, commendation and evaluation of evaluation standards, etc. shall be strictly set in accordance with the Administrative Licensing Law and the procedures prescribed by the State Council; any violation of the prescribed procedures shall be cancelled. (The Central Office, the Legal Affairs Office, and the Ministry of Human Resources and Social Security take the lead) to liberalize the price of competitive links. (The Development and Reform Commission takes the lead) The provincial people's government sets temporary administrative licenses to be strictly limited to matters that control risks, allocate limited public resources, and provide specific credibility, identity, and certification, and must be set in accordance with legal procedures. (Responsible by the provincial people's government) Comprehensively clean up the paid intermediary services such as technical review, assessment, forensics, and consultation of the existing administrative approval pre-links, and cancel them as soon as possible; if they need to be retained, they must standardize time limits and charges. And publicize it to the public. (The Central Organization, Development and Reform Commission, and the Ministry of Finance are responsible for establishing and improving the government affairs center and the online service hall, centrally handling administrative examination and approval, implementing one department and one window, and the first-level local government “one-stop” service to reduce links and improve efficiency. . (Responsible for local people's governments at or above the county level)

(6) Prohibition of disguised approval. It is strictly forbidden to set administrative licenses illegally and increase administrative licensing conditions and procedures; it is strictly forbidden to set up in the form of filing, registration, registration, annual inspection, supervision, certification, certification, certification, designation, distribution, renewal, or in the name of non-administrative approval. It is strictly forbidden to implement administrative examination and approval in disguised charges or illegally set up charging items; it is strictly forbidden to convert matters subject to administrative examination and approval into intermediary service matters, and to engage in disguised approval and paid services; it is strictly forbidden to strengthen the matter in the post-event supervision and disguise recovery. And approve the administrative approval items that have been cancelled and decentralized. (The Central Organization, Development and Reform Commission, Ministry of Finance, and the Legal Affairs Office are responsible for the division of responsibilities respectively)

(7) Breaking the regional blockade and industry monopoly. Comprehensively clean up the laws, regulations, rules and regulations concerning market access and business conduct at all levels of government and departments, abolish the rules and practices that hinder the national unified market and fair competition, correct the violation of laws and regulations, implement preferential policies, and correct violations. Laws and regulations Set discriminatory access conditions and charging items for foreign products or services, stipulate discriminatory prices, and purchase designated products and services. (Development and Reform Commission, Ministry of Finance, Ministry of Commerce take the lead in the implementation of franchising in public utilities and important public infrastructure, introduce a competitive mechanism, and liberalize the competitive business of natural monopoly industries. (Development and Reform Commission takes the lead)

(8) Improve the market exit mechanism. For market entities that violate the prohibition of laws and regulations, market entities that fail to meet the mandatory standards for energy conservation, environmental protection, safe production, food, medicine, and engineering quality shall be banned and the relevant licenses revoked. (The relevant market supervision departments are responsible for the division of labor according to their duties) Strictly implement the delisting system of listed companies, improve the bankruptcy system of enterprises, optimize the rules and procedures for bankruptcy reorganization, settlement, custody, liquidation, strengthen the debtor's bankruptcy liquidation obligations, and promote competitiveness. The method of selecting an insolvency administrator to explore the implementation of a simple bankruptcy procedure for a small amount of assets, a small geographical area, or a specific small and micro enterprise. (The CSRC and the Legislative Affairs Office are responsible for the division of labor according to their responsibilities.) Simplify and improve the enterprise cancellation process, and try to implement simple cancellation procedures for individual industrial and commercial households, unopened enterprises and non-debt debt enterprises. (Responsible for the State Administration for Industry and Commerce) Strictly enforce the prohibition on the employment of illegal persons in the fields of finance, food and drug, safe production, and press and publication. We will promptly formulate regulations prohibiting the employment of illegal children in the field of children's elderly products and transportation, construction and other fields. (People's Bank, China Banking Regulatory Commission, China Securities Regulatory Commission, China Insurance Regulatory Commission, General Administration of Food and Drug Administration, General Administration of Safety Supervision, General Administration of Press, Publication, Radio, Film and Television, General Administration of Quality Supervision, Inspection and Quarantine, Ministry of Transport, Ministry of Housing and Urban-Rural Development are responsible for the division of responsibilities)

Third, strengthen market behavior supervision

Standardize production, operation, trading and other market behaviors in accordance with the law, innovate supervision methods, guarantee fair competition, promote integrity and law-abiding, and maintain market order.

(9) Strengthening the main responsibility of production and operation operators. Relevant departments of the State Council should promptly promote the revision and revision of relevant regulations, improve the first question and compensation prepayment system for consumer chain operators, establish a self-declaration disclosure and supervision system for enterprise product and service standards, and establish a mandatory reporting system for product safety accidents of consumer goods production and operation enterprises. The mandatory recall system for defective products establishes a liability system for ecological environmental damage and submits it to the State Council for consideration. (The State Administration for Industry and Commerce, the General Administration of Quality Supervision, Inspection and Quarantine, the General Administration of Food and Drug Administration, the Ministry of Environmental Protection, the Forestry Bureau, and the Legal Affairs Office are responsible for the division of responsibilities according to their respective responsibilities.) Trial expansion of liability insurance in the fields of food and drug, ecological environment, and safe production, and the formation of social assistance for risk sharing. Mechanisms and professional organizations to assess and monitor market surveillance mechanisms for risks. (The China Insurance Regulatory Commission takes the lead)

(10) Strengthening supervision based on standards. Accelerate the revision of the standardization law, promote the reform of the mandatory standards system, and strengthen the management of national mandatory standards. (The General Administration of Quality Supervision, Inspection and Quarantine takes the lead) The mandatory standards are strictly limited to the scope of ensuring personal health and life and property safety, national security, and ecological environment security. Market entities must strictly enforce mandatory standards, and market regulators must strictly enforce law enforcement in accordance with mandatory standards. (The relevant market supervision departments are responsible for the division of responsibilities according to their duties)

(11) Severely punish monopolistic behavior and unfair competition. In accordance with the relevant provisions of the Anti-Monopoly Law, the Anti-Unfair Competition Law, and the Price Law, we will seriously investigate and punish monopolistic agreements that damage competition, damage consumer rights, and hinder innovation and technological progress, and abuse market dominance; increase operator concentration and anti-monopoly review. Intensity, effectively prevent behaviors that acquire monopoly status through mergers and acquisitions and damage market competition; reform the supervision methods of natural monopoly industries, and strengthen the supervision of monopoly links. Strictly investigate and deal with unfair competition such as counterfeit brand name, false propaganda, price fraud, commercial bribery, illegal and prize-winning sales, commercial slander, and sales without legal import of imported goods; protect various intellectual property rights according to law, encourage technological innovation, and crack down on intellectual property rights and The act of producing fake and shoddy goods. (Ministry of Commerce, Development and Reform Commission, State Administration for Industry and Commerce, Intellectual Property Office and other departments are responsible for the division of responsibilities)

(12) Strengthen risk management. Strengthen the risk monitoring and analysis of market behaviors, accelerate the establishment of risk assessment indicator systems for high-risk industries, key projects, important commodities and production materials, key areas, risk monitoring and early warning and tracking systems, and risk management prevention and control linkage mechanisms. (The relevant market supervision departments are responsible for the division of labor according to their responsibilities) to improve the regional product quality and production safety risk warning system. (The General Administration of Quality Supervision, Inspection and Quarantine, the General Administration of Industry and Commerce, and the General Administration of Safety Supervision are responsible for the division of responsibilities according to their respective responsibilities.) According to the degree of risk, strengthen the supervision of links and areas with high probability of accidents and major losses, and prevent regional, industrial and systemic risks. (The relevant market supervision departments are responsible for the division of responsibilities according to their duties)

(13) Extensive use of scientific and technological means to implement supervision. Make full use of information network technology to achieve online real-time supervision and monitoring, and strengthen off-site supervision and enforcement. Make full use of mobile law enforcement, electronic file files and other means to improve law enforcement effectiveness. (The State Administration for Industry and Commerce, the General Administration of Quality Supervision, Inspection and Quarantine, the General Administration of Safety Supervision, the General Administration of Food and Drug Administration, the Ministry of Environmental Protection, the Ministry of Culture, the General Administration of Customs and other departments are responsible for the division of labor according to their responsibilities.) The use of the Internet of Things to build traceability systems for important products, etc. The information chain that can be pursued and the responsibility can be investigated. (The Ministry of Commerce takes the lead) to speed up the improvement of the mechanism for determining the validity of electronic signature laws. (Ministry of Industry and Information Technology, Legal Affairs Office take the lead)

Fourth, strengthen the supervision of credit base

Use information publicity, information sharing and credit constraints to create a social credit environment of honesty, self-discipline, trustworthiness and mutual trust, and promote the contracting and creditworthiness of all market entities.

(14) Accelerate the construction of credit information platform for market entities. Improve the credit information records of market entities, establish credit information files and exchange and share mechanisms. Gradually establish a national unified credit information network platform covering all credit information categories including financial, industrial and commercial registration, tax payment, social security contributions, traffic violations, statistics, etc., covering all credit entities. Promote the construction of credit standardization, establish a unified social credit code system based on citizenship number and organization code, improve the system of credit information collection, storage, sharing and application, and promote the construction and interconnection of local and industry credit information systems. Establish a market-based credit information disclosure system to strengthen credit supervision of market entities. (Development and Reform Commission, People's Bank take the lead)

(15) Establish and improve the mechanism of trustworthiness and trust and disciplinary action. The credit information of market entities is an important reference for implementing administrative management. According to the credit status of market entities, classification and grading, dynamic supervision, establishment and improvement of the abnormal business directory system, and the establishment of a “blacklist” system for market entities that violate the principle of market competition and infringe on the legitimate rights and interests of consumers and workers. (The SAIC is responsible for supporting and motivating the trustworthy subject, operating, investing and financing, obtaining government supply of land, import and export, entry and exit, registration of new companies, project bidding, government procurement, obtaining honors, and security approval for the subject of dishonesty. , production licenses, qualifications for qualifications, qualification review, etc. are restricted or prohibited according to law, and a market ban system is imposed on the subjects of serious violations of law and trust. (The relevant market supervision departments are responsible for the division of responsibilities according to their duties)

(16) Actively promote the social use of credit information. On the basis of protecting information related to public safety, trade secrets and personal privacy, the credit information held in administrative management is disclosed in accordance with the law. Broaden the channels for credit information inquiry, and provide convenient and efficient services for the public to inquire about the basic credit information and illegal and illegal information of the market. Standardize the credit service market according to law, foster and develop social credit service institutions, promote the establishment of a legal system for personal information and privacy protection, and strengthen the supervision and management of credit service agencies and personnel. (Development and Reform Commission, People's Bank take the lead)

V. Improve market supervision and enforcement

Innovate law enforcement methods, strengthen law enforcement supervision and administrative accountability, and ensure law enforcement, fair law enforcement, and civilized law enforcement.

(17) Perform duties in strict accordance with the law. The administrative agencies must act within the scope of the Constitution and the law, exercise their powers and perform their duties in accordance with the statutory authority and procedures. Without laws, regulations, and rules, the market supervision department may not make decisions that affect the rights and interests of market entities or increase their obligations; market supervision departments must exercise their rights, perform their duties, and assume responsibilities in accordance with the law. (The relevant market supervision departments are responsible for the division of responsibilities according to their duties)

(18) Standardize market enforcement actions. Establish rules and methods for scientific supervision, improve the daily supervision and inspection system focusing on random sampling, optimize the process of law enforcement, ensure procedural justice, and effectively solve problems such as non-enforcement, law enforcement, and law enforcement. (The SAIC, the General Administration of Quality Supervision, the General Administration of Safety Supervision, the General Administration of Food and Drug Administration, the Ministry of Environmental Protection and other departments are responsible for the division of labor according to their duties) to improve the administrative law enforcement procedures and system construction, and to improve the relative separation of internal investigations and administrative punishment decisions of market supervision departments. Standardize law enforcement behavior and implement administrative law enforcement responsibility system. Establish a discretionary benchmark system for administrative law enforcement, refine and quantify administrative discretion, publicly determine the scope, type and scope, and strictly limit and rationalize the exercise of discretion. In the process of administrative law enforcement, it is necessary to respect the legitimate rights and interests of citizens, not to treat the parties rudely, not to infringe on their personal dignity, and actively implement non-mandatory means such as administrative guidance, administrative contracts, administrative rewards and administrative reconciliation to safeguard the legitimate rights and interests of the parties. (The relevant market supervision departments are responsible for the division of labor according to their duties) The promotion of the supervision and law enforcement functions and the technical inspection and testing functions are relatively separated, and the technical inspection and testing institutions no longer undertake the law enforcement functions. (The Central Organization and the General Administration of Quality Supervision, Inspection and Quarantine take the lead)

(19) Open market supervision and enforcement information. Implement the power list system of local governments at all levels and their market supervision departments, and disclose the power operation process according to law. Publicize the catalogue of administrative examination and approval items, public approval basis, procedures, and application conditions. (The central editorial office is responsible for the basis, content, standards, procedures and results of publicly monitoring, sampling and supervising law enforcement according to law. Except as otherwise provided by laws and regulations, the market supervision department shall, within 20 working days from the date of making the administrative punishment decision or the change of the penalty decision, publicly disclose the subject information, the cause of the case, the punishment basis and the punishment result, and improve the transparency and credibility of the law enforcement. . Establish and improve the internal audit mechanism and file management system for information disclosure. (The relevant market supervision departments are responsible for the division of responsibilities according to their duties)

(20) Strengthen law enforcement assessment and administrative accountability. Strengthen law enforcement appraisal and assessment, supervise and constrain all levels of government and their market supervision departments to effectively perform their duties. (The local people's governments at or above the county level are responsible for the comprehensive use of supervision, auditing, and administrative reconsideration, etc., to strengthen supervision over violations of laws and regulations such as inaction, chaos, and escrow by administrative agencies. If the market supervision department and its staff members fail to strictly control the law enforcement and cause losses according to the mandatory standards, they shall be investigated for responsibility according to law; if the market supervision department fails to detect and stop it in time to cause systemic risks, the local government may not stop the situation for a long time. For sexual risks, it is necessary to investigate the responsibility of the relevant administrative supervision department up to the executive head of the government. If the fault causes the accidents caused by the lack of supervision, such as food and drug safety, ecological environment safety, production safety, etc., it is necessary to check and blame, so that there must be a case to be investigated, and any mistakes must be investigated. Regardless of the ecological environment blind decision-making, leading cadres who have serious consequences must be held accountable for life. (The Ministry of Supervision, the Audit Department and the Legislative Affairs Office are responsible for the division of responsibilities)

6. Reforming the regulatory enforcement system

Integrate and optimize law enforcement resources, reduce law enforcement levels, improve collaboration mechanisms, and improve regulatory effectiveness.

(21) Solve the long-term law enforcement. Integrate and standardize the main body of market supervision and law enforcement, and promote comprehensive law enforcement across departments and industries in urban management and culture, and relatively centralize law enforcement power. The market supervision department directly assumes the law enforcement duties. In principle, there is no separate law enforcement team with independent legal personality. If a department has multiple law enforcement teams, the business should be integrated into one team; the law enforcement teams with similar or similar tasks in different departments will gradually integrate into one team. Clean up and cancel the law enforcement team that has no legal and regulatory basis and violates the regulations governing the establishment of the organization. (The central editor is responsible for taking the lead)

(22) Eliminate multiple layers of repeated law enforcement. The central government shall be uniformly supervised on issues such as anti-monopoly, import and export of goods, national security review of foreign capital, etc., which are related to national unified market rules and management. For the implementation of hierarchical management of food safety, business services, etc., it is necessary to clarify the supervisory responsibilities of different levels of government and its departments. In principle, territorial management is implemented, and the municipal and county governments are responsible for supervision. It is necessary to strengthen grassroots law enforcement forces in key areas such as food and drug, safe production, environmental protection, labor security, and sea islands. Matters supervised by the grassroots, the central government and the provincial and autonomous regional government market supervision departments mainly exercise market law enforcement supervision and guidance, coordinate cross-regional law enforcement and major case investigation and punishment duties. In principle, there is no law enforcement team with independent legal personality. If the municipal and municipal departments of the district undertake law enforcement duties and set up law enforcement teams, there shall be no law enforcement team at the district level; if the district level departments assume law enforcement duties and set up law enforcement teams, there shall be no law enforcement team at the municipal level. Accelerate the reform of the county-level government market supervision system and explore the comprehensive establishment of market supervision institutions. In principle, no law enforcement team will be established. Township governments (streets) in areas where there is no market enforcement power, it is found that market violations should be reported to the higher authorities in a timely manner. Townships with high economic development and high level of urbanization may exercise part of the market enforcement power through legal procedures according to their needs and conditions. (The central editor is responsible for taking the lead)

(23) Standardize and improve the coordination and coordination mechanism of supervision and law enforcement. We will improve the working mechanisms of the various departments of the market supervision department, each with their own duties, with their respective responsibilities, mutual cooperation, and joint management. Formulate inter-departmental supervision and law enforcement information sharing standards, break the "information island", and realize the open sharing and interconnection of information resources. (The Ministry of Commerce takes the lead) to establish and improve a cross-departmental and inter-regional law enforcement cooperation linkage mechanism. (The relevant market supervision departments shall be responsible for the division of labor according to their duties.) For the production and business operations that have not been legally permitted, the administrative department for industry and commerce and the department responsible for the market access permit shall promptly investigate and deal with them until the business license is revoked. (The department of industry and commerce and the department responsible for market access permit are responsible for the division of responsibilities according to their duties)

(24) Do a good job in the connection between market supervision and law enforcement and the judiciary. Improve the standards and procedures for case transfer, and refine and strictly enforce the relevant provisions of law enforcement cooperation. (All relevant market supervision departments are responsible for the division of labor according to their duties) Establish a notification mechanism for the case between the market supervision department, public security organs and procuratorial organs. If the market supervision department finds that the illegal act is suspected of committing a crime, it shall be transferred to the public security organ according to law and copied to the procuratorial organ at the same level, and shall not be punished by punishment. Where the public security organ makes a decision on filing a case, it shall notify the market supervision department of the transferred case in writing, and if it fails to file the case or cancel the case decision, it shall explain the reasons in writing and notify the procuratorial organ at the same level. If the public security organ finds an illegal act and believes that it is not necessary to pursue criminal responsibility but should make administrative treatment according to law, it shall promptly transfer the case to the market supervision department. (The Ministry of Public Security takes the lead in charge) The market supervision department must perform the effective rulings and judgments of the people's courts. If the party fails to perform the administrative decision, the market supervision department shall enforce the law or apply to the people's court for enforcement. (The relevant market supervision departments are responsible for the division of responsibilities according to their duties)

7. Improve the social supervision mechanism

Give full play to the role of social forces in market supervision, mobilize all positive factors, and promote market self-management, self-regulation, and self-purification.

(25) Play the self-discipline role of the Chamber of Commerce of Industry Associations. Promote the Chamber of Commerce of Industry Associations to establish and improve the self-discipline, self-discipline and professional ethics of the industry, and regulate the behavior of members. Encourage industry associations to develop product and service standards and participate in the development of national standards, industry plans and policies. Support relevant organizations to initiate public interest litigation in accordance with law and conduct professional mediation. Strengthen the construction of the Chamber of Commerce of the Industry Association and enhance its ability to participate in market supervision. (The Ministry of Civil Affairs takes the lead in responsibly) Realizing the decoupling of administrative agencies and industry associations in terms of personnel, financial assets, functions, and office space within a time limit. Explore a multi-party industry and introduce a competitive mechanism. (The Development and Reform Commission and the Ministry of Civil Affairs take the lead in accelerating the transfer of functions suitable for the Chamber of Commerce of the Association of Industries, while strengthening management and guiding them to carry out activities according to law. (Ministry of Civil Affairs, Central Office is responsible for taking the lead)

(26) To play the supervisory role of market specialized service organizations. Support accounting firms, taxation firms, law firms, asset appraisal institutions, etc. to verify the authenticity of corporate finance, taxation, capital verification, trading behavior, etc., and verify the information disclosure of listed companies according to law. (The Ministry of Finance takes the lead) to promote the decoupling of inspection and testing institutions and the government into reforms of enterprises or social organizations, promote the integration of inspection and testing institutions, orderly open the inspection and certification market, and promote the development of third-party inspection and testing institutions. (The Central Organization and the General Administration of Quality Supervision, Inspection and Quarantine take the lead) to promote the reform of the notarization management system. (Responsible for the Ministry of Justice) Accelerate the development of market intermediary organizations, and promote market intermediaries that engage in administrative examination and approval of pre-intermediation services to decouple from administrative agencies or affiliated institutions in terms of people, finances, and materials. Establish and improve the supervision system for market specialized service organizations. (Development and Reform Commission, Ministry of Finance take the lead)

(27) Play the supervisory role of the public and public opinion. Improve the incentive mechanism for public participation in supervision, improve the system of rewards and reports, and keep the reporters confidential according to law. (The relevant market supervision departments are responsible for the division of labor according to their responsibilities) to play the role of consumer organizations in mediating consumer disputes and improve the effectiveness of rights protection. (The SAIC is responsible for the implementation of the system of leading cadres to receive the visits from the masses, improve the working mechanism of complaints and reports, and open channels for communication. (The Bureau of Letters and Calls is responsible for the integration and optimization of the functions of the complaint reporting platform of each functional department, and gradually build a unified and convenient consumer complaints, economic violation report and administrative effectiveness complaint platform, to achieve unified answering, responsibility transfer, time-limited, unified Supervise and unify assessment. (Responsible for local people's governments at or above the county level) Strengthen public opinion supervision, expose typical cases, deter crimes and crimes, and improve public awareness and prevention capabilities. The news media must strictly abide by professional ethics, grasp the correct orientation, and pay attention to social effects. Severely punish the behavior of maliciously slandering production operators and deceiving consumers with paid news. (The Press, Publication, Radio, Film and Television Administration takes the lead) The market supervision department must seriously investigate and verify the complaints reported by the masses and the news media, and promptly deal with them according to law, and announce the results to the public. (The relevant market supervision departments are responsible for the division of responsibilities according to their duties)

Eight, improve supervision and enforcement guarantee

Strengthen the system construction, strengthen the protection of law enforcement capabilities, ensure that market supervision has laws to follow, law enforcement must be strict, clean and honest, and fair for the people.

(28) Improve relevant legal norms in a timely manner. According to the actual needs of market supervision and market changes, timely revision and improvement of relevant laws and regulations. We will sort out the laws and regulations, regulations and normative documents involved in the cancellation and decentralization of administrative examination and approval projects, strengthen follow-up regulatory measures, propose legal amendments, abolish recommendations, and revise or abolish relevant laws, regulations and normative documents. Study the applicable rules of government management methods such as technical standards, credit information and credit reports, and filing reports. Improve the legality review mechanism for market regulatory normative documents, and improve the system for filing and reviewing laws, regulations and normative documents. Improve the trial mechanism for administrative reconsideration and promote the expansion of the scope of administrative litigation. (The Legal Affairs Office and the relevant market supervision departments are responsible for the division of responsibilities according to their duties)

(29) Improve the legal liability system. We will adjust the provisions on legal liabilities such as fines in the current legal system in the fields of food and drug, ecological environment, safe production, and labor security, and explore forms of legal liability such as daily punishment. Expand the scope of application of punitive damages in the market supervision legal system, and substantially increase the compensation multiple according to law. Strengthen the joint responsibility of professional service organizations. Improve the administrative compensation and compensation system. When the market supervision department and its staff members exercise their functions and powers to damage the legitimate rights and interests of the relatives, they must fulfill the compensation or compensation responsibility. (All relevant market regulatory departments and legal offices are responsible for the division of responsibilities)

(30) Strengthen the construction of law enforcement teams. Under the premise of not increasing the total number of financial support personnel, we will revitalize the stock, optimize the structure, improve the incentives and protection systems such as treatment, selection and appointment, and promote the law enforcement forces to the grassroots level and the front line. Strengthen professional training and business assessment of law enforcement personnel, equip with necessary law enforcement equipment, and improve the overall quality and ability of law enforcement personnel. (The Ministry of Finance, the Ministry of Human Resources and Social Security, and the Central Office are responsible for the division of labor according to their respective responsibilities) Full implementation of the financial security law enforcement funding system, market supervision work funds and capacity building funds are all included in the financial budget at all levels to ensure the supervision of law enforcement personnel wages Issued. Strictly implement the "two lines of revenue and expenditure" system, it is strictly forbidden to issue a fine task, and it is strictly forbidden to return the fee and the amount of income to be returned in proportion to the interests of the department or to be disguised. (The Ministry of Finance takes the lead)

Nine, strengthen organizational leadership

Promoting fair competition in the market and perfecting the market supervision system is a systematic project. All localities and departments must attach great importance to, unify their thinking, and implement them in an effort to achieve practical results.

(31) Strengthen leadership and clarify the division of labor. All localities and departments must profoundly understand the significance of improving the market supervision system and conscientiously implement the measures and requirements put forward in this opinion. The people's governments at all levels shall establish and improve the leadership and coordination mechanism for the construction of the market supervision system, strengthen overall coordination, supervision and implementation, and clarify the tasks of division of labor. All departments in various regions shall, in accordance with the division of responsibilities and work in conjunction with the actual conditions of the local departments of the region, study and introduce specific plans and implementation measures, refine and implement the regulatory measures, and implement and strengthen supervision responsibilities. Strengthen press propaganda and public opinion guidance to ensure that the market operates smoothly and orderly.

(32) Contact the actual situation and highlight the key points. We must put the issue of strong reflections on the people, the health of the people and the safety of life and property, and the potential harm to the economic and social development, and focus on strengthening the supervision of key areas, key areas, key links and key products. Effectively solve the problems of food and drug, ecological environment, safe production, financial services, network information, e-commerce, real estate and other fields that disrupt market order and infringe on the legitimate rights and interests of consumers.

(Thirty-three) Strengthen supervision to ensure effectiveness. All localities and departments should strengthen supervision and inspection of the implementation of this opinion, promote the construction of market supervision system, promote fair competition in the market, and maintain normal market order. The General Office of the State Council is responsible for the overall coordination, follow-up, supervision and inspection of the implementation of this opinion, to ensure that all tasks and measures are in place.

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