The State Council recently issued the "14th Five-Year Plan" for Market Supervision Modernization, making a comprehensive deployment for promoting the modernization of mainland market supervision. The "Plan" proposes six key tasks. The first is to continuously optimize the business environment and fully stimulate the vitality of market players; the second is to strengthen the comprehensive management of market order and create a fair competitive market environment; the third is to maintain and improve the domestic unified market and promote the full smooth flow of market circulation; the fourth is to improve the quality policy and technical system and serve high-quality development; the fifth is to adhere to the safety bottom line and strengthen the protection of consumer rights and interests; the sixth is to build a modern market supervision system and comprehensively improve the efficiency of comprehensive market supervision.
The following is the full text:
The "14th Five-Year Plan" market supervision modernization plan
Innovating and improving market supervision and promoting the modernization of market supervision are the objective needs of establishing a unified, open, competitive, and orderly modern market system, and are the inherent requirements for improving the socialist market economic system. In order to thoroughly implement the decision-making and deployment of the Party Central Committee and the State Council, build a scientific and efficient market supervision system, comprehensively improve the efficiency of comprehensive market supervision, stimulate the vitality of various market players, and continuously optimize the business environment, this plan is prepared in accordance with the "14th Five-Year Plan for National Economic and Social Development of the People's Republic of China and the Outline of Long-term Goals for 2035".
Chapter I: Planning Background
First, the work results of the "Thirteenth Five-Year Plan" period
During the "13th Five-Year Plan" period, the market supervision department, together with relevant departments, deeply implemented the "13th Five-Year Plan" Market Supervision Plan, the market access environment continued to be optimized, the competitive environment continued to improve, the consumption environment was stable and improved, the regulatory system and mechanism were further improved, and the level of regulatory capacity jumped to a new level, providing a strong guarantee for the smooth operation of the market and the high-quality development of the economy, laying a solid foundation for deepening the reform and innovation of market supervision during the "14th Five-Year Plan" period.
The regulatory system has achieved major reforms, and a unified market supervision pattern has initially taken shape. Proceeding from a strategic height, the Party Central Committee and the State Council have made major decisions and deployments on the reform of the market supervision system, historically improved the market supervision and law enforcement system, integrated regulatory functions, strengthened regulatory coordination, and realized the transformation of segmented and sub-field supervision into unified and comprehensive supervision.
The reform of the commercial system has been carried out in depth, and the market vitality has been fully released. From the paid-up system of registered capital to the subscription registration system, from the reform of the registration management of market entities to the streamlining and optimization of the business licenses of enterprises, from the traditional supervision to the comprehensive implementation of "double random, one open" supervision, the commercial system has achieved fundamental changes and has become the "first move" and breakthrough point of the "decentralization service" reform. The business environment in the mainland has improved significantly, and the average start-up time of enterprises has been compressed from 22.9 days to less than 4 working days in the past five years, the average time taken by ordinary enterprises to write off has dropped from 100 days to 60 days, and the average time for simple cancellation is about 20 days. Implement the reform of "separation of licenses and licenses" for all business licensing matters involved in enterprises, and strive to promote the reduction and merger of licenses after licenses, reduce the production license of industrial products from 60 categories to 10 categories, and compress the compulsory product certification (CCC certification) catalogue by nearly 40%. A series of reform measures have effectively stimulated the vitality of various market entities, the number of market entities has increased from 0.77 billion to 138 million, a total of 106 million new market entities have been established in five years, the average daily number of new enterprises has increased from 12,200 to 22,000, and 49.36% of the cancelled enterprises have withdrawn through the simplified cancellation procedure, with an average annual net increase of 12.1877 million market entities.
The basic system has been continuously improved, and the "four beams and eight pillars" of market supervision have been basically established. The open and transparent regulatory rules and standard system has been continuously improved, and the basic position of competition policy has been gradually strengthened. The policies and systems for the protection of intellectual property rights have been continuously improved, and the system of punitive damages for infringement has been initially established. A number of laws, such as the E-commerce Law and the Vaccine Administration Law, have been built from scratch to fill the gaps in the regulatory system in important areas.
Market safety supervision has been comprehensively strengthened, and the safety foundation has been consolidated and improved. The ability to investigate and control hidden dangers such as food safety has been steadily improved, and the sampling volume of agricultural products and food has reached the goal of 4 batches per thousand people per year. The national drug standard system is becoming more and more perfect, supervision and inspection, spot checks, adverse reaction reports and monitoring are effectively implemented, and the supervision capacity of listed drugs has been significantly improved. The safety supervision system of special equipment has been gradually improved, and the mortality rate of 10,000 special equipment has dropped by 75%. The awareness of quality and safety risks of enterprises has been further strengthened, the reporting system for major quality accidents has been established and implemented, and the level of industrial product quality and safety has been continuously improved.
The quality improvement action has achieved remarkable results and promoted the quality change of economic development. Quality power has risen to a national strategy, and quality policies have been continuously improved. The construction of quality infrastructure continues to advance, and the mainland's internationally recognized calibration and measurement capabilities rank third in the world, the standards and international standards in the main consumer goods fields are more than 95% consistent, and the number of certification and accreditation certificates and the number of certified organizations rank first in the world. Measurement foundation, standard guidance, conformity assessment, policy incentives effectively help to increase variety, improve quality, create brands, manufacturing product quality pass rate is stable at more than 90%.
The market order has continued to improve, and market self-discipline and regulatory constraints have been continuously strengthened. The new regulatory mechanism has been gradually improved, the regulatory capacity has been continuously improved, and the consumption environment has been continuously optimized. The illegal acts of counterfeiting and shoddy goods of important people's livelihood have been effectively curbed, and the consumer satisfaction of Baicheng has increased from 71.8 points to 79.3 points, and the social satisfaction of intellectual property protection has increased from 72.38 points to 80.05 points. In response to major events such as the new crown pneumonia epidemic, the market supervision department has effectively maintained market order and made important contributions to maintaining the stable operation of the economy and ensuring and improving people's livelihood.
Second, the new situation and new requirements facing market supervision
The market is the world's scarcest resource. After years of development, the mainland has formed a super-large-scale market, which is a unique advantage and necessary condition for building a new development pattern. At the same time, market supervision is facing new situations, new characteristics, and new challenges, mainly manifested in: with the rapid growth of economic aggregates and various market players, the pattern of cooperation and competition, the survival of the fittest has evolved profoundly; the goods and services market has accelerated its integration in mutual penetration; the online and offline markets have formed a complex ecology in parallel interweaving; new industries, new formats and new models have emerged, and the needs for efficiency and fairness, innovation and protection have become more diversified; in the process of building a new development pattern, the domestic market has been internationalized, The characteristics of the increase in Chinese factors in the international market are more obvious; the people's expectations for consumption safety and consumption upgrading are constantly increasing.
Accelerate the construction of a new development pattern with the domestic cycle as the main body and the domestic and international dual cycles promoting each other, requiring continuous creation of a market-oriented and law-based international business environment, cultivating and strengthening market players, and providing a reliable carrier for enhancing the endogenous driving force of economic development; requiring the opening up of various cycle blockages, standardizing the order of market competition, and ensuring the efficiency and vitality of the economic cycle in the smooth operation of the market; requiring effective prevention of market operation risks, maintaining market security, and ensuring the people's assured consumption; requiring in-depth promotion of the construction of a quality powerhouse. Comprehensively improve the quality level of products and services; it is required to accelerate the opening up of the market supervision system and better coordinate the two domestic and international markets and two kinds of resources. We must focus on various problems in the operation of the mainland market, focus on making up for shortcomings, forging long boards, tapping potential and increasing advantages, further improving the modern market supervision mechanism, promoting the continuous optimization and upgrading of the super-large-scale market, and providing a solid foundation and strong support for building a new development pattern.
Chapter II General Requirements
I. Guiding Ideology
Under the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, fully implement the spirit of the 19th National Congress of the Communist Party of China and the 19th Plenary Session, based on the new development stage, completely, accurately and comprehensively implement the new development concept, build a new development pattern, adhere to the overall development and safety, efficiency and fairness, vitality and order, domestic and international, around the "big market, big quality, big supervision" as a whole to promote the improvement of the market supervision system and the improvement of efficiency, promote the modernization of market supervision, and strive to create a market-oriented and law-based international business environment. Stimulate market vitality, strengthen the basic position of fair competition policy, maintain market order, adhere to the bottom line of safety, enhance the people's sense of happiness and security, improve the quality policy and technical system, comprehensively improve the quality level, maintain and optimize the efficient, orderly, unified and safe super-large-scale market, effectively promote high-quality development, and provide strong support for a good start and a good start in the comprehensive construction of a modern socialist country.
2. Basic Principles
-- Persist in taking the people as the center. Take the improvement of people's well-being as the starting point and foothold of market supervision work, focus on the needs of the people, adhere to the bottom line of quality and safety, strengthen the protection of consumer rights and interests, improve the level of government services in the field of market supervision, and continuously enhance the people's sense of happiness and security. Rely on the people to promote supervision, consciously accept the people's supervision, and form a joint force for social co-governance of market supervision.
-- Persist in reform and innovation and improve efficiency. Focusing on the construction of a high-standard market system, we will accelerate the continuous maturity and stereotyping of the market supervision system and mechanism. Follow the laws of market supervision, conform to the development trend of the market, innovate and enrich regulatory tools, optimize the allocation of regulatory resources, strengthen scientific and technological support, and continuously enhance regulatory efficiency.
-- Adhere to the efficient market and have a promising government. Correctly handle the relationship between the government and the market, give full play to the decisive role of the market in the allocation of resources, better play the role of the government, and further stimulate market vitality. Strengthen the coordination of market supervision and economic regulation and control, and promote the healthy development of the market. Improve market regulation capabilities and effectively maintain market order and consumer safety.
-- Persist in administering and supervising impartially according to law. Accelerate the improvement and unification of laws and regulations in the field of market supervision, create a stable, fair, transparent and predictable institutional environment, standardize government regulatory behavior in accordance with law, treat all types of market entities equally, and provide legal guarantees for stimulating market vitality and safeguarding the legitimate rights and interests of market entities.
-- Adhere to the concept of system and make overall plans. Coordinate the supervision of online and offline, products and services, traditional economies and emerging business formats and other types of objects, coordinate the development and safety, efficiency and fairness, vitality and order, domestic and international and other diversified goals, make overall use of market, law, technology, standards, credit, administration and other means, coordinate industry management and comprehensive supervision, before and after supervision, overall plan to give play to the role of the market, government, society and other parties, and effectively improve the comprehensive market supervision capacity.
Third, the main objectives
-- The business environment has been continuously optimized. The vitality of the efficient and large market has been enhanced, the access, permission to operate, and exit systems have been standardized and convenient, and investment and entrepreneurship have become more convenient. The pattern of large-scale protection of intellectual property rights has basically taken shape, and the status of enterprise innovation subjects has been further established. Policies to support the development of market entities have been continuously improved, and the vitality of market entities has been fully stimulated.
-- Market operation is more standardized. The consolidation and improvement of the orderly large market, the obvious enhancement of competition regulation capabilities, the continuous optimization of the online and offline market competition ecology, the effective solution of prominent problems in market order, the incentive and constraint mechanism for market entities to be honest and law-abiding and compliant operations have been more sound, and a fair, transparent and predictable market environment has been further formed.
-- The market cycle is fully smooth. The unified large market has been continuously improved, the basic position of fair competition policy has been further strengthened, competition policy and industrial policy have been more coordinated, the rules of the market basic system have been gradually unified, local protection, industry segmentation, and market barriers have been effectively broken, and commodity elements have flowed freely on a larger scale.
-- Strong consumer security guarantee. The safety market is stable and improving, the overall development and safety supervision mechanism is constantly improving, the "four strictest" requirements are strictly implemented, safety risks such as food and drugs and market operation risks are effectively prevented, institutional measures that treat both symptoms and root causes are continuously improved, and the rights and interests of consumers and the social public interest are effectively protected.
-- The quality level has been significantly improved. The construction of a quality power has been accelerated, the supporting role of quality infrastructure in industrial upgrading and economic development has been significantly enhanced, and the supply of high-quality products and services has increased significantly, so as to achieve a higher level of dynamic balance between demand-driven supply and supply-created demand, and form a large market with more quality competitive advantages.
-- The effectiveness of supervision has been comprehensively improved. The comprehensive supervision system and mechanism are becoming more perfect, the basic role of credit supervision is further brought into play, the wisdom of supervision means is widely used, the construction of a regulatory pattern of pluralistic co-governance is accelerated, the level of institutional openness of market supervision is further improved, and the construction of a modern market supervision system that matches the high-level socialist market economic system is promoted.
Chapter III: Key Tasks
First, continue to optimize the business environment and fully stimulate the vitality of market players
Adhere to the combination of decentralization and management, pay equal attention to decentralization, deeply promote the reform of "decentralization and management services", deepen the reform of the commercial system, improve the level of fair supervision, improve the support policies of market entities, effectively reduce institutional transaction costs, stimulate the vitality of market entities and develop endogenous power, and provide strong support for smoothing the economic cycle and promoting high-quality development.
(1) Deepen the reform of the system for market entities to enter and withdraw from the franchise.
Deeply promote the reform of "separation of licenses and licenses". Vigorously promote the reduction of certificates and simplified approvals after the license, and strive to establish simple and efficient, fair and transparent, wide and strict management of the industry quasi-operation rules by the end of 2022, and greatly improve the convenience and predictability of market entities. Implement nationwide management of the full coverage list of enterprise-related business licensing matters, and determine the reform methods, specific reform measures, and strengthen supervision measures during and after the event in accordance with the methods of direct cancellation of examination and approval, change of approval to filing, implementation of notification commitments, and optimization of approval services. In the pilot free trade zone, further strengthen the reform pilot, explore further innovative reform measures in accordance with the function of licensing matters, in addition to maintaining economic security and public safety and other areas that require licensing checks, further streamline licensing for matters that can be regulated by the market and society and can achieve relevant functions during and after the event.
Accelerate the improvement of the standardization level of market entity registration. Thoroughly implement the "Regulations of the People's Republic of China on the Registration and Administration of Market Entities", unify the registration management system for all types of market entities, properly implement the system of closing businesses, protect the legitimate rights and interests of market entities and promote entrepreneurship and innovation in accordance with the law. Dynamically adjust and publish the catalogue of pre-approval matters for enterprise registration, and consolidate the results of the reform of "first license and then certificate". Explore ways to tolerate defects and accept, and continuously optimize the pre-approval and enterprise registration process. Pilot reform of the registration and confirmation system for market entities in the pilot free trade zone. Optimize the enterprise name registration management system, promote the reform of separation and registration of domicile and business premises, and deepen the reform of business scope registration.
Continuously optimize business start-up services. Comprehensively implement the "One Netcom Office", deepen the use of the "One Netcom Office" platform for enterprises, and include businesses such as the official seal engraving system, invoice application and tax control equipment, employee insurance registration, and housing provident fund enterprise deposit registration into the platform coverage. Gradually realize the integration of domestic and foreign investment services, and explore the inclusion of foreign-invested enterprise start-ups into the "One Netcom Office" platform. Formulate and improve relevant standards, norms and styles of electronic licenses, and accelerate the realization of electronic licenses for enterprises. Under the premise of strengthening supervision and ensuring safety, further promote the application of electronic business licenses, and expand the scope of pilot projects for the simultaneous issuance and application of electronic business licenses and electronic seals. Improve the level of identity verification services for enterprises, implement mutual recognition of identity verification information, develop mobile applications (APP) for enterprises to start, and improve authentication methods. Formulate and implement national standards for the whole process of enterprise start-up online, establish a standardized and standardized indicator system for enterprise start-up, continuously improve the service level of enterprise start-up, and further compress the average start-up time of enterprises from the current 4 working days to about 2 working days by 2025.
Smooth the exit mechanism of market entities. Establish a convenient, efficient and orderly withdrawal system for market entities, improve the compulsory withdrawal mechanism, improve provisions such as enterprise revocation and cancellation, standardize enterprise liquidation and cancellation procedures, and study the establishment of a bankruptcy system for natural persons. Optimize the function of the "one network service" platform for enterprise cancellation, and improve the level of enterprise cancellation facilitation. Comprehensively implement simple cancellation and reduce the cost of withdrawal of market entities.
(2) Enhance the development vitality of various market entities.
Promote the sustainable development of newly established market entities. Strengthen the monitoring and analysis of the whole life cycle of market entities, adhere to the problem-oriented approach, and improve the accuracy of support policies. Make good use of taxation, credit, social security and other policies to better meet the needs of the newly established market entities in the development stage. Deepen intellectual property financial services, expand the scale of intellectual property pledge financing, actively explore diversified scientific and technological financial service models, improve the intellectual property value assessment mechanism, and standardize the exploration of financial innovations such as intellectual property securitization.
Accurately support the healthy development of small and micro enterprises and individual industrial and commercial households. Improve the policy system for promoting the development of small and micro enterprises. Establish a policy service platform to support the development of market entities, and improve the function of the directory of small and micro enterprises. Improve the system of inter-ministerial joint meetings on supporting the development of individual industrial and commercial households, and study and promote the implementation of major policies and measures to support the development of individual industrial and commercial households. Give play to the role of organizations such as the Association of Individual Workers in serving the development of individual industrial and commercial households and private enterprises. Strengthen the work of party building in small and micro enterprises, individual industrial and commercial households, and professional markets.
Reduce fees and burdens for market entities. Improve the supervision and management system for enterprise-related fees, continue to increase the intensity of governance of illegal enterprise-related fees, and improve the system of fee publicity. Formulate charging rules for industry associations and chambers of commerce, intermediary institutions, commercial banks, etc., and introduce third parties to carry out assessments of illegal enterprise-related fees. Guide platform-based and technology-based enterprises to use digital technology to empower small and medium-sized enterprises, improve the regulatory rules for platform fees, and promote the reduction of merchant operating costs.
(3) Enhance the innovation momentum of market players.
Build a pattern of intellectual property protection. Establish and improve cross-regional and full-chain administrative protection coordination mechanisms for intellectual property rights, and increase the intensity of law enforcement. Explore the establishment of a mechanism for rapid handling of intellectual property infringement. Improve the linkage mechanism between administrative law enforcement and justice, and promote the unification of administrative law enforcement standards and judicial adjudication standards for intellectual property rights. Comprehensively establish and implement a punitive compensation system for intellectual property infringement. Establish a number of national pilot demonstration zones for the protection of intellectual property rights in areas where conditions are ripe. Strengthen law enforcement against unfair competition, and resolutely investigate and deal with violations of trade secrets. Improve the rules for the protection of intellectual property rights in the field of pharmaceutical patent protection and cross-border e-commerce, and issue guidelines for the protection of intellectual property rights of enterprises. Strengthen the construction of intellectual property informatization and intelligent infrastructure, and build a big data center and public service platform for intellectual property protection. Optimize application and examination procedures for patents, trademarks, etc.
Improve the enterprise innovation service system. Optimize patent funding incentive policies and assessment and evaluation mechanisms, completely cancel funding and rewards for patent and trademark application stages, and better protect and motivate high-value patents. Improve systems for preventing the abuse of intellectual property rights. Construct a "one-stop" service platform for quality infrastructure such as metrology, standards, certification and accreditation, inspection and testing. Strengthen the leading role of standards in innovation, improve the mechanism for transforming scientific and technological achievements into technical standards, and promote the construction of a standardized service platform for scientific and technological achievements. Improve the first (set) equipment product testing and evaluation system. Strengthen the status of enterprise innovation as the main body, encourage enterprises to increase investment in research and development, support the research and development of common basic technologies in the industry, and promote the agglomeration of various innovative elements to enterprises.
Optimize the regulatory mechanism adapted to the development of the new economy. Explore and innovate regulatory models that conform to the characteristics of the new economy such as platform economy, industrial digitalization, new individuals, micro-economy, and sharing economy, and promote the healthy and orderly development of the new economy. Optimize and improve the registration services for new industries, new formats and new models. Strengthen the innovative supply of new economic regulatory tools, explore triggered regulatory mechanisms, and improve new regulatory models such as agile governance. Improve the regulatory rules and standards for new forms of transportation such as online ride-hailing, shared bicycles, car time-sharing leasing, and network freight. Guide platform enterprises to improve service levels and attract more operators to operate and start businesses online.
(4) Raise the level of fair supervision.
Continue to improve the authority and fairness of "double random, one open" supervision. Improve the relevant supporting systems and working mechanisms for "double random, one open" supervision, except for special industries, key areas, and targeted supervision based on problem clues, in principle, all daily administrative inspections of enterprises involved in enterprises are carried out through the "double random, one open" method. Improve the scientific level of double random spot checks, reasonably determine the scope of spot checks, spot check industries, spot check ratios, spot check frequency, and probability of being spot checked, and truly achieve random sampling of inspection objects, random selection of law enforcement inspectors, and disclosure of spot checks and investigation results to the public, so as to achieve supervision and supervision "nothing to disturb" and "everywhere".
Standardize regulatory law enforcement conduct in accordance with law. Compile and implement a list of rights and responsibilities of market supervision departments, formulate work guidelines and administrative power operation flow charts according to the different types of list items, and ensure that the rights and responsibilities are consistent and the performance of duties is in place. Optimize and improve administrative law enforcement procedures, fully implement administrative law enforcement publicity, records of the entire process of law enforcement, and legal review systems for major law enforcement decisions, implement a system of discretionary power for market supervision administrative law enforcement, and promote fair and just law enforcement. Strengthen market supervision and law enforcement supervision mechanisms and capacity building, strengthen legal popularization work and rule of law education, and complete mechanisms for law enforcement assessment and evaluation and law enforcement case file evaluation.
Second, strengthen the comprehensive management of market order and create a fair competitive market environment
Strengthen comprehensive market supervision, improve the level of competition law enforcement, promote the integration of online and offline market supervision, promote development in standardizing market order, and enhance innovation momentum in maintaining fair competition.
(1) Comprehensively improve anti-monopoly and anti-unfair competition regulatory capabilities.
Improve anti-monopoly and anti-unfair competition rules. Thoroughly implement the Opinions on Strengthening Anti-Monopoly and Deepening the Implementation of Fair Competition Policies, and improve the basic system of competition regulation. Accelerate the revision of the Anti-Monopoly Law, improve the anti-monopoly rule system based on the Anti-Monopoly Law, supported by laws and regulations, and supported by anti-monopoly guidelines, and enhance the applicability of supporting rules. Complete a fair competition review system. Innovate and improve key regulatory rules, and refine the criteria for determining monopolistic behavior. Improve the review system for concentrations of undertakings, accelerate the revision of the "Provisions of the State Council on The Standards for Reporting Concentrations of Undertakings", scientifically optimize the reporting standards, and improve the quality and efficiency of the review. Sort out laws and regulations that overlap with the Anti-Unfair Competition Law, promote the clarification of the relationship between relevant laws and regulations, and improve supporting implementation rules.
Complete mechanisms for assessing market competition. Establish and improve an assessment system that combines the assessment of the overall competition situation of the market with the assessment of the competition status of the industry and the region, improve the framework and rules for the assessment of the competition situation, and issue the assessment report in a timely manner. Improve the key guidance mechanisms for anti-monopoly and anti-unfair competition law enforcement based on the assessment of competition conditions, strengthen the assessment of market competition in key industries and fields, timely follow up and analyze the competitive situation in subdivisions, and improve the ability to monitor and warn of monopoly and unfair competition risks.
Improve the level of competition enforcement. Strengthen anti-monopoly and anti-unfair competition law enforcement in key areas such as platform economy, scientific and technological innovation, information security, and people's livelihood security, and prevent disorderly expansion of capital. Complete systems for periodic research and judgment of monopoly and unfair competition conduct, and strengthen the timeliness and pertinence of supervision. Improve the legal analysis system for anti-monopoly and anti-unfair competition law enforcement, strengthen the economic analysis of major cases, and achieve scientific supervision and accurate supervision. Strengthen the coordination of competition supervision and intellectual property protection, and strengthen anti-monopoly regulations for the abuse of standard and necessary patents. Strengthen competition law enforcement in public utilities, medical care, pharmaceuticals and other fields, and prevent and stop unreasonable charges, designated transactions, tying up goods, and attaching unreasonable trading conditions. Strengthen supervision of misleading consumer behaviors such as commercial confusion, false publicity, false transactions, and illegal and rewarded sales, and protect the lawful rights and interests of business operators and consumers. According to the characteristics of anti-monopoly law enforcement, innovate and improve the regulatory system and mechanism, optimize the allocation of regulatory resources, and strengthen the management of authorized law enforcement. Strengthen industry management, anti-monopoly law enforcement and judicial convergence. Accelerate the promotion of anti-monopoly and anti-unfair competition theoretical research and expert teams, and technical support capacity building.
(2) Comprehensively optimize the ecology of online and offline market competition.
Improve the online market supervision system. Accelerate the improvement of online market access, product quality and safety, prices, advertising and other regulatory mechanisms. Clarify the responsibilities of all types of entities in the online market, and implement the responsibilities of platform enterprises for reviewing and supervising the qualifications of operators and commodity quality within the platform. Build a national network transaction supervision platform, and improve online market risk monitoring and early warning capabilities. Promote cross-regional law enforcement coordination for online transactions, exploring the establishment of mechanisms such as cross-regional joint meetings, notification of leads, transfer of evidence, case investigation, and joint case handling. Improve the collaboration mechanism of online market supervision departments, and promote information sharing between comprehensive regulatory departments and industry management departments. Promote the construction of national network market supervision and service demonstration zones.
Guide the platform economy to compete in an orderly manner. Improve the analytical framework for the definition of markets related to the platform economy and the identification of market dominance. Promote the improvement of legal norms in areas such as the management of data collection and use of platform enterprises and the protection of consumer rights and interests. Strengthen the internal ecological governance of the platform, and urge platform enterprises to standardize the establishment of rules, data processing, algorithm formulation, and other such behaviors. Improve the supervision system before and after the event, formulate a list of the main responsibilities of large platform enterprises, and establish a compliance reporting and risk assessment system. Strengthen governance at the source and process governance, improve the connection mechanism between market access and the review system for concentration of undertakings in the fields of people's livelihood, finance, science and technology, and media, implement the obligation to declare M&A activities of platform enterprises in accordance with the law, and prevent "pinch-and-tip mergers and acquisitions". Strengthen anti-monopoly and anti-unfair competition coordination, make overall plans for the use of e-commerce laws, advertising laws, price laws, etc., and investigate and deal with monopolistic and unfair competition behaviors such as "two choices", discriminatory treatment, false publicity, single speculation, big data killing, and forced tying.
Strengthen the integration of online and offline supervision. Implement statutory responsibilities for online and offline market supervision and industry management. Complete working mechanisms that combine centralized rectification with daily supervision, focusing on food and drugs, health care supplies, epidemic prevention supplies, products for the elderly and children, and other livelihood commodities, severely crack down on illegal acts such as counterfeiting, false publicity, and consumer fraud in online markets, and effectively regulate online marketing order. Strengthen the supervision of food and drug network business behavior, strictly implement the responsibilities of third-party platforms, ensure that online and offline catering services are of the same standard and quality, and ensure the quality and safety of drugs. Strengthen the capacity building of Internet advertising monitoring, implement the responsibility of platform enterprises for advertising review, and strictly investigate and deal with false and illegal advertising in online and offline markets. Improve the working mechanism for monitoring and investigating MLM, improve the level of monitoring capabilities, increase the intensity of prevention and crackdown on online MLM, and strengthen the supervision of the direct market market. Standardize price behavior in the online market, and severely crack down on price gouging, price collusion, low-price dumping, price fraud and other behaviors. Revise the work plan for responding to abnormal market price fluctuations, improve the supervision and adjustment mechanism for abnormal price fluctuations, strengthen the early warning ability of market price order, and increase the prevention and handling of price disorder.
Strengthen the supervision of market order in new industries, new formats and new models. Research and formulate identification conditions, judgment standards, and punishment gradients for new types of acts of unfair competition, and issue relevant law enforcement guidelines. Timely follow up the supervision of competitive behavior in new industries, new formats and new models, strengthen the collection of evidence and solid evidence for electronic data, and effectively prevent and solve problems such as false publicity, infringement and counterfeiting, and misleading consumption. Closely monitor the competition order of the "Internet + service industry" market, and promptly investigate and deal with relevant illegal acts.
Effectively curb the chaos of counterfeiting and shoddy. Strengthen the analysis and judgment of counterfeit and shoddy product categories and key markets, key areas, and key links in the production and sale of circulation, implement regulatory responsibilities, and strengthen rectification measures. Continue to carry out actions to crack down on infringement of intellectual property rights and the manufacture and sale of counterfeit and shoddy goods, and strictly investigate and deal with illegal acts such as not meeting mandatory standards, adulteration, falsehood, shoddy products, passing off unqualified products as qualified products, and manufacturing and selling products in the CCC certification catalogue without a license. Focusing on the combination of urban and rural areas and rural areas, we will eradicate the soil for the survival of counterfeit and shoddy products. Strengthen the management of the source of counterfeit and shoddy products, and establish a supervision mechanism for the whole chain of commodity production, circulation and sales.
Third, maintain and improve the domestic unified market, and promote the full and smooth flow of the market cycle
Strengthen the coordination of market supervision and industrial policy, thoroughly implement the fair competition policy, break down the institutional obstacles that hinder the market-oriented allocation and free flow of factors, promote the smooth flow of economic circulation, and maintain and improve the national unified market.
(1) Complete and improve the policy system for safeguarding the domestic unified market.
Strengthen institutional safeguards for equal treatment of all types of market entities. Promote the coordination and unification of regional and industry-related policies, standards and rules. Optimize the institutional environment in which all types of market entities use resource elements equally, participate in competition in an open, fair and just manner, and are equally protected by law, and treat all types of market entities equally in areas such as access permits, access to elements, business operations, government procurement, and bidding and bidding. Abolish discriminatory provisions on factor supply, regulatory rules, etc. Establish and improve mechanisms for all types of enterprises to participate equally in the formulation of enterprise-related policies.
Strengthen the coordination of competition policy and macroeconomic policy. Establish a post-fair competition evaluation system for macroeconomic policies, and promptly revise and abolish industrial policies that eliminate or restrict competition. Establish a coordination and guarantee mechanism for fair competition policy and industrial policy, and promote the transformation of industrial policy to inclusive and functional. Conduct competition policy environmental assessments and satisfaction surveys.
Better play the role of fair competition review. Improve the scope of fair competition review, and refine the types of policies and measures included in the review. Gradually study and formulate fair competition review rules for key areas and industry-specific special projects such as market access, industrial development, investment attraction, bidding and bidding, government-enterprise cooperation, land supply, qualification standards, etc., and refine the review standards. Establish a dynamic adjustment mechanism for the exceptions to fair competition review. Establish an information management system and database for fair competition review. Strengthen the rigid constraints of the fair competition review system, implement unified review within policy-making organs, implement a triage system for major policy measures, and carry out independent review pilots. Establish and complete systems for fair competition review spot checks, assessments, publicity, and third-party assessments. Complete mechanisms for all types of market entities to report and deal with complaints and responses to violations of fair competition, and periodically carry out supervision and analysis of the implementation of fair competition reviews and effect evaluations. Incorporate fair competition review work into assessment and evaluation systems such as annual assessments by government departments, optimizing the business environment, and building a rule-of-law government, establish a fair competition review responsibility system, and strengthen supervision and assessment.
(2) Strengthen effective measures to improve the domestic unified market.
Smooth cross-regional production and operation activities. Resolutely break down local protections, prohibit violations of laws and regulations, and formulate discriminatory policies and measures through local standards, group standards, catalog lists, filings, and other means. It is strictly forbidden to illegally set bidder qualification conditions in the form of ownership, the location of business operators, equity structures, commodity or service brands, etc., increase the abuse of administrative power to eliminate or restrict competition law enforcement, and promptly correct acts such as designated transactions, restricting the free flow of commodity elements between regions, obstructing operations in different places, and obstructing fair competition. To ensure the autonomy of enterprise registration, except as provided by law, enterprises must not be restricted from choosing an organizational form and place of registration according to actual needs, and may not set up obstacles to cross-regional migration of enterprises, and enterprises that carry out investment and business activities in the local area must not be forced to set up branches in the local area.
Improve feature configuration efficiency. Establish market-oriented circulation standards and rules for data elements to protect the rights and interests of all parties in the field of digital economy. Establish and improve the carbon peak carbon neutrality standard system, revise and strictly implement the mandatory national standards for energy consumption quotas by industry, clean up unreasonable policy measures that hinder the survival of the fittest, and promote the orderly withdrawal of backward and excess capacity。
Promote the market-oriented reform of competitive links in natural monopoly industries. Accelerate the realization of the marketization of competitive links in energy, railway, telecommunications, public utilities and other industries, liberalize competitive business access, and further introduce market competition mechanisms. Innovate investment and financing mechanisms and encourage private capital to participate in infrastructure construction. Strengthen law enforcement on prices and competition in natural monopoly industries, and resolutely correct abuse of market dominance, price violations, and arbitrary collection of fees. Strengthen the measurement and supervision of the natural monopoly industry, strengthen the evaluation of the service quality of public utilities, and improve the quality level of products and services in the natural monopoly industry.
(3) Continuously improve regulatory mechanisms that are compatible with the domestic unified market.
Promote the integration of market supervision in key regions. Implement coordinated governance of market supervision in key areas such as the Beijing-Tianjin-Hebei Region, the Yangtze River Delta, and the Twin Cities Economic Circle in the Chengdu-Chongqing region, and establish and improve the integration mechanism for regional market supervision. Strengthen regulatory linkage, coordinate and trial measures such as "inter-provincial general office" and joint law enforcement at a higher level and in a wider range. Establish local legislative communication mechanisms, accelerate the convergence of institutional rules such as access, credit, measurement, standards, conformity assessment, and consumer rights and interests protection.
Explore the establishment of a cross-regional collaborative regulatory mechanism. Encourage all regions to explore effective cooperation methods, learn from the replication and promotion of regional market supervision integration mechanisms, and promote the realization of coordinated and unified supervision in different regions. Encourage all regions to build a cross-regional unified market access service system, unify mutual recognition of identity real-name authentication, unify the industry vocabulary of self-declaration of names, and unify the business scope database of enterprises, so as to achieve non-discriminatory standards for cross-regional registration and registration.
Fourth, improve the quality policy and technical system, and serve high-quality development
Vigorously promote the construction of a strong quality country, deeply implement quality improvement actions, comprehensively promote the quality improvement of enterprises, industries and industries, strengthen the construction of total quality management and quality infrastructure system, comprehensively improve the quality level of products and services, and shape a large market with benign interaction between product supply and demand.
(1) Improve the macro quality policy system.
Strengthen the top-level design of quality work. Scientifically compile and comprehensively implement the outline for the construction of a quality power, systematically plan and effectively implement the key tasks of building a quality power. Vigorously implement the national standardization development outline and measurement development plan. Gradually improve the large-quality work mechanism, optimize the implementation of the government's quality work assessment, and promote the establishment of a central quality supervision work mechanism. Improve the system of inter-ministerial joint meetings on quality work, and form a joint force for quality work.
Improve the quality management system. Establish and improve the quality statistical monitoring system, carry out comprehensive performance evaluation of high-quality development, and improve quality safety and quality development monitoring indicators. Improve the quality incentive policy, carry out the selection and commendation activities of the China Quality Award, establish a publicity and promotion mechanism for the advanced quality management experience of the award-winning enterprises and individuals of the government quality award, and guide all industries to strengthen total quality management. Improve the diversified fundraising and guarantee mechanism for quality improvement funds, and strengthen support for quality innovation and quality improvement.
Optimize the quality development environment. Promote the construction of "National Quality Strong City Demonstration City" and "National Quality Brand Improvement Demonstration Zone", and give play to the role of demonstration leadership and radiation. Encourage all industries and enterprises to establish a value orientation of advocating quality and pursuing excellence. Widely carry out mass quality activities such as the national "Quality Month" to improve the quality awareness of the whole people.
(2) Build quality infrastructure adapted to the modern economic system.
Build a modern advanced measurement system. Strengthen the construction of an advanced measurement system with quantum measurement as the core, accelerate the establishment of a new generation of national measurement benchmarks, promote the upgrading of social public metering standards, and formulate a number of important measurement technical specifications related to the national economy and people's livelihood. Reform and improve the management system of type approval, verification, and legal supervision of measuring instruments, implement dynamic adjustments to the catalogue of compulsoryly managed measuring instruments, and improve the supervision system for the equal value of commodity quantity and measurement data. Deeply promote the reform and innovation and development of metrology technology institutions, explore effective ways to build the measurement and calibration market and calibration institutions, standardize the measurement and calibration market, and meet the market's demand for measurement value traceability and testing services. Establish a national measurement data construction and application demonstration base, and improve the national industrial measurement testing and energy measurement capabilities。 Actively participate in international measurement comparison and improve internationally recognized calibration and measurement capabilities.
Deepen standardization reform and innovation. Accelerate the transformation of standard supply from government-led to government-market, the application of standards from industry and trade to the whole economy and society, standardization work from domestic drive to domestic and international mutual promotion, standardization development from quantitative scale to quality and efficiency. Continue to optimize the new standard system that coordinates and cooperates with the standards promulgated by the government and the standards independently formulated by the market, promote the independent formulation of general product and service standards by the market, and establish and improve the mechanism for the government to promulgate standards and adopt the market to formulate standards independently. Establish a standard system for citing regulations, strengthen the effective coordination mechanism between regulations and standards, and use standards to support the implementation of regulations. Strengthen the construction of standardization technical organizations and enhance the ability to develop and implement national standards. Strengthen the construction of national technical standard innovation bases and national standard verification and inspection testing points, and improve the level of standardization technical support. Implement the closed-loop management of the whole life cycle of standards, improve the feedback and evaluation system for standard implementation information, and establish a dynamic maintenance mechanism for national standards. Carry out special actions to meet standards, promote the implementation of the group standards training plan and the enterprise standard leader system, eliminate policy obstacles to the cultivation and development of standard-setting groups, and release the standardization vitality of enterprises and social groups.
Improve the quality certification service capabilities. Accelerate the construction of a quality certification system with unified management, joint implementation, authoritative credibility, and general mutual recognition, comprehensively improve the quality certification service capabilities, and create a number of internationally competitive certification brands. Promote the improvement of the quality certification system system for key industries, increase the implementation of the network security certification system, accelerate the construction of the quality certification system in strategic emerging industries, vigorously promote high-end quality certification and new service certification, and accelerate the study and improvement of national data security standards and certification and accreditation systems. Widely carry out quality management system certification and upgrading actions. Improve the multi-level certification and acceptance mechanism of the government, industry, society, etc., and promote the wide acceptance of certification results in the fields of market procurement, industry management, administrative supervision, and social governance. Improve the level of specialization and intensification of the certification industry, optimize the layout structure of the industry, and promote the digital development of the certification industry.
Increase the reform and innovation of accreditation and inspection and testing. Establish an accreditation and inspection and testing system that meets the needs of high-quality development, and achieve a significant increase in testing capabilities, a significant increase in the level of industry standard operation and social credibility. Stability is related to the people's physical health and life and property safety, public safety, ecological environment security and other aspects of the inspection and testing team, the construction of a strong authoritative laboratory. Adhere to the direction of market-oriented reform, actively promote the reform of inspection and testing certification institutions of the nature of public institutions, and promote the development of third-party inspection and testing certification bodies. Establish and improve the brand cultivation, development, incentive and protection policies and mechanisms of the inspection and testing and certification industry, and promote the inspection and testing certification service industry to be better and stronger. Promote the construction of the national inspection, testing and certification public service platform demonstration area and the inspection and testing certification high-tech service industry agglomeration area, improve the layout of inspection and testing certification institutions, and guide the intensive development of the inspection, testing and certification industry. Organize the implementation of inspection and testing to promote the optimization and upgrading of key industries, and plan to build a number of high-level national quality inspection centers and testing laboratories. Develop a number of important inspection and testing technologies and regulations, and improve the comprehensive inspection and testing capabilities. Improve the accreditation system, strengthen the management of accreditation bodies, and promote international mutual recognition of accreditation results.
Improve the market environment with quality infrastructure. Coordinate the construction and application of quality infrastructure, give play to the supporting role of measurement, standards, certification and accreditation, inspection and testing, etc., and optimize the market operation value and trust transmission mechanism. Promote the construction of people's livelihood measurement, strengthen the measurement supervision of food safety, medical and health, ecological environment and other areas of people's livelihood, and build a fair and just foundation for the market. Strictly supervise the operation and maintenance institutions of the automatic monitoring (measurement) of pollution sources of polluting units, and severely crack down on the fraud of automatic monitoring (measurement) data. Focus on products and services involving the people's physical health, life and property safety, public safety, ecological and environmental security, etc., and establish a unified mandatory national standard system. Strengthen supervision and inspection of the implementation of key mandatory standards, and increase the intensity of investigation and handling of violations of mandatory standards. Strengthen the supervision of certification bodies, improve the continuous compliance verification of certification bodies' qualifications, traceability of the whole process of certification activities, and risk monitoring and early warning mechanisms. Improve the qualification recognition methods of inspection and testing certification bodies, establish and improve the working mechanism that combines daily supervision and inspection with long-term supervision, and effectively regulate the market order of inspection, testing and certification.
(3) Thoroughly implement quality improvement actions.
Expand the supply of mid-to-high-end products. The implementation of high-quality manufacturing projects, the development of Chinese brand creation actions, manufacturing product quality qualification rate increased to about 94%. Strengthen quality supervision and management measures, explore the establishment of a two-way interaction mechanism between product quality and safety supervision and service, and carry out in-depth product quality and technical assistance. Improve the registration management system for collective trademarks and certification marks, strengthen the registration and protection of agricultural product trademarks and geographical indication trademarks, and create a number of regional brands with distinctive characteristics, strong competitiveness and good market reputation. Promote the integration of domestic and foreign standards for consumer goods, formulate and revise a number of national standards in the fields of medical appliances, disinfection supplies, intelligent lighting appliances, household appliances, student supplies, baby and child products, and elderly products, and actively promote the application of international standards and foreign advanced standards. Take the lead in cultivating a number of high-end brands in the field of cosmetics, clothing, home textiles, electronic products and other consumer goods. Promote the implementation of the "same line and same standard and homogeneity" (hereinafter referred to as "three same") project for domestic and foreign trade products. Improve the unified green product standard, certification, labeling system.
Comprehensively improve the quality of the service industry. Promote service enterprises to publish and implement service quality commitments and implementation standards. Establish a service quality monitoring and evaluation and result notification system. Establish and complete mechanisms for coordinated disposal of service quality supervision, strengthen the evaluation and assessment of major service quality incidents, and accelerate the formulation of regulatory catalogs, processes, and standards for key service industries in the field of market supervision. Advance the establishment of a credit system for the service market, establish credit records for market entities, and establish systems for punishing untrustworthiness of employees in key service areas such as the people's physical health, the safety of life and property, and public safety in accordance with laws and regulations. Promote the standardization and branding of the service industry, improve the standard system of business and trade tourism, housekeeping services, modern logistics, medical and health care, pension services, leisure and entertainment, education and training, sports and fitness, and accelerate the development of standards in emerging service areas such as e-commerce, intellectual property rights, inspection and testing certification, infant and child care, and information technology. Improve the service quality certification system, carry out service certification demonstration activities, and establish a quality certification system for the living service industry. Promote the quality and expansion of cultural services. Implement the advertising industry service capacity improvement action and the public service advertisement revitalization action.
Promote the integration of products and services. Adapt to the trend of product servitization and service productization, and explore the establishment of a market access system that meets the characteristics of mixed business formats. Establish and improve the main responsibility system of "goods + services" terminal suppliers. Strengthen administrative supervision of contracts, improve the regulatory system for standard terms that is compatible with mixed business formats, guide key industry operators to establish and improve the standard terms publicity system, and establish a model contract text library. Establish a "goods + services" quality self-declaration disclosure and supervision system. Establish and improve the quality grading system.
V. Adhere to the bottom line of safety and strengthen the protection of consumer rights and interests
Coordinate development and safety, thoroughly implement the "four strictest" requirements, strengthen full coverage of key supervision of special industries and key areas involving the people's physical health, life and property safety, and public safety, strengthen the protection of consumer rights and interests, and build and improve a safe market where products and facilities are safe and reliable, and the people are assured of consumption.
(1) Promote the treatment of both the symptoms and the root causes of food safety.
Strengthen the governance of food safety at the source. Strengthen the quality and safety supervision of the whole food chain, promote the construction of food safety assurance projects, and increase the joint rectification of food safety problems in key areas. Improve the quality of grain collection and storage, and prevent grain that does not meet food safety standards from flowing into the grain market and food production enterprises. Accelerate the formulation and revision of general food safety standards for pesticide residues, veterinary drug residues, heavy metals, food contaminants, pathogenic microorganisms, etc., promote the formulation and revision of basic food safety standards, product standards, labeling standards, and supporting inspection methods that are urgently needed for industrial development and supervision, and improve standards for food additives and food-related products. Accelerate the development of food-related standard samples. Strengthen the supervision of imported food safety and strictly prevent imported food safety risks. Implement the action of promoting the traceability of origin of agricultural products, create a benchmarking enterprise for traceability of agricultural products with standardized traceability management, mature market mechanism and strong driving ability, and promote the whole process of traceability collaboration and demonstration promotion.
Improve the food safety responsibility system. Implement the food safety responsibility system, adhere to the same responsibility of the party and the government, improve the evaluation and assessment methods for food safety work, and promote the implementation of food safety territorial management responsibilities. Consolidate the main responsibility of enterprises, urge enterprises to comprehensively strengthen quality and safety management, establish a food safety traceability system, and guide enterprises to actively apply for food safety liability insurance. Strictly implement regulatory responsibilities, clarify the boundaries of food safety supervision rights and responsibilities, and consolidate industry management responsibilities. Strengthen regulatory measures in all aspects of food production and processing, sales and catering services, and improve and enhance problem-oriented supervision and inspection mechanisms.
Improve food safety risk prevention and control mechanisms. Further strengthen the scientific support of food safety risk monitoring and assessment for supervision and management, and strengthen the construction of information platforms and information sharing in all aspects of risk monitoring and supervision and management. For hospitals, schools, childcare institutions and other key places, scientifically layout food safety risk monitoring points, improve the coverage of risk monitoring and the rate of problem discovery. Focus on key and difficult issues in law enforcement and justice, and improve food safety inspection and testing and technical appraisal capabilities. Accelerate the construction of a food safety informatization traceability system for key varieties, and encourage production and operation enterprises, industry associations and third-party platforms to open data to government information platforms. Deepen the reform of the food safety sampling system, clarify the functional positioning of supervision and sampling, risk monitoring and evaluative sampling, optimize the implementation mechanism with function as the guide, promote the normalization of "you point me inspection" and "you send me inspection", and strengthen the hidden danger investigation and risk control role of sampling monitoring. Steadily achieve the goal of sampling of agricultural products and food products per year of 5 batches/1,000 people, of which the sampling volume of seed breeding links is 2 batches/1,000 people per year. Rely on existing resources to strengthen the construction of professional food safety inspectors, improve the corresponding technical job system, and improve the professional skills of inspectors. Strengthen the construction of food safety risk early warning and communication system. Strengthen the risk assessment of the quality and safety of agricultural products. Strengthen emergency handling of food and agricultural product safety emergencies, and improve emergency response, on-site disposal, and medical treatment capabilities.
Severely punish food safety violations. Study and revise the Food Safety Law and its supporting laws and regulations, promote the revision and improvement of the criminal law on crimes and penalties that endanger food safety, accelerate the revision of the Law on the Quality and Safety of Agricultural Products, and promote the retrospective entry of agricultural products into the law. Accelerate the improvement of judicial interpretations on the handling of criminal cases endangering food safety, and promote the direct criminalization of the production and sale of counterfeits that seriously endanger food safety. Implement the requirements for punishment to the person, increase the intensity of punishment for illegal enterprises and their legal representatives, actual controllers, principal responsible persons, and other directly responsible personnel, and significantly increase the cost of violating the law. Explore the establishment of a punitive compensation system for civil public interest litigation on food safety.
(2) Steadily improve the accessibility of drug safety and effectiveness.
Optimize management methods to promote the accelerated listing of new drugs and good drugs. Improve the rapid review and approval mechanism for innovative drugs, innovative vaccines, medical devices, etc., and accelerate the review and approval of drugs and medical devices that are urgently needed for clinical needs and rare disease treatment. Improve the review and approval system that conforms to the characteristics of traditional Chinese medicines, and establish a review evidence system for the characteristics of traditional Chinese medicines that is guided by clinical value and combines theory of traditional Chinese medicine, human experience, and clinical trials. Establish a national drug and medical device innovation collaboration mechanism, and strengthen guidance for the research and development of major innovative drugs. Encourage the development of drugs in short supply, drugs for children, drugs for the prevention and treatment of major infectious diseases, and drugs urgently needed in public health, and encourage the simultaneous research and development of new drugs at home and abroad. Continue to promote the consistency evaluation of the quality and efficacy of generic drugs, improve the technical guiding principle system, consistency evaluation policies and technical standard systems related to generic drugs, and further promote the quality improvement of generic drugs.
Strengthen drug safety risk prevention. Build a national drug traceability coordination platform, integrate traceability information in drug production, circulation, use and other links, push forward from vaccines, blood products, special drugs, etc., and gradually realize the traceability of the source and destination of key types of drugs. Carry out normalized drug risk investigation and management, establish and improve the national pharmacovigilance system and medical device adverse event monitoring system, implement the main responsibility of drug marketing authorization holders and medical device registrants, and promote the construction of adverse drug reactions and medical device adverse event monitoring sentinels. Scientifically formulate sampling plans, optimize the proportion of sampling inspections in production, operation, use and other links, and increase the sampling of high-risk key products. Strengthen the unified command and coordination of inspection and testing, system verification, review and approval, monitoring and evaluation in response to sudden and serious public health events, and improve the emergency handling capacity of drug supervision.
Improve the drug safety supervision system. Strengthen the verification of drug clinical trials, strictly implement the quality management practices for drugs, medical devices, cosmetics, etc., and carry out full-coverage inspections of key production enterprises. Carry out actions to improve the quality of drugs, improve the working mechanism for the formulation of standards for high-risk products such as biological products, and improve the standards for drugs, medical devices, and cosmetics. Reform and improve the vaccine supervision system and mechanism, and improve the ability of provincial drug inspection and testing institutions to issue batches of major vaccine varieties produced within their jurisdictions. Carry out in-depth special rectification actions such as the supervision and inspection of sterile implantable medical devices, the "online net, offline clean source" of cosmetics, and effectively regulate the market order of drugs, medical devices and cosmetics.
(3) Ensure the safety of special equipment operation.
Strengthen the construction of a special equipment safety risk monitoring system. Optimize the foundation and application environment for the construction of special equipment supervision and informatization, promote the interconnection and interoperability of national and local regulatory data, enhance data analysis and credit management functions, and improve the national unified special equipment information publicity and inquiry system. Strengthen the capacity building of risk early warning and emergency response of special equipment, and improve the ability to identify and prevent and control safety risks. Promote the use of special equipment units to carry out risk grading and control, systematically identify risks from the source, and prevent and control risks. Improve the basic database of special equipment such as production units, inspection and testing institutions and personnel qualification information. Focusing on elevators, gas cylinders, mobile pressure vessels, forklifts, etc., establish and improve the traceability system for the quality and safety management of special equipment. Promote special equipment manufacturers to increase investment in research and development, and establish a scientific and rigorous risk prevention system with timely response. Improve the supervision system of boiler safety, energy saving and environmental protection, so as to achieve the goal of carbon peaking and carbon neutrality, and further improve the level of boiler energy conservation and environmental protection.
Strengthen the management of potential safety hazards of special equipment. Strictly implement the main responsibility for safety management of units producing and using special equipment. Improve the dual prevention mechanism of risk management and control of special equipment and hidden danger governance, and improve the dual prevention system, standards and norms. Strengthen the supervision and investigation of hidden dangers in key areas, key time periods, key places, and key equipment, and ensure the safe and standardized use of special equipment. Solidly promote the three-year action of special equipment safety rectification, and carry out in-depth special management and "looking back" on special equipment related to dangerous chemicals, oil and gas long-distance pipelines, lifting machinery, elevators, power station boilers, large amusement facilities and other safety hazards. Establish a safety guarantee mechanism for special equipment for major activities and major projects. To meet the needs of scientific and technological innovation and energy reform, strengthen and improve the supervision of hydrogen-related special equipment. Strengthen accident prevention, investigation and handling, statistical analysis and emergency capacity building of special equipment.
Improve the market-oriented mechanism for special equipment safety guarantees. Actively introduce commercial insurance and other market-oriented means, encourage the production and use of special equipment such as elevators and gas cylinders to insure related insurance, give play to the other law and risk sharing role of insurance, promote elevator on-demand maintenance, "Internet of Things + maintenance", and explore the "insurance + service" model. Promote the reform of special equipment inspection and testing, highlight the technical support and public welfare guarantee attributes of inspection institutions of market supervision departments, do a better and stronger inspection technology institution, and orderly introduce social inspection and testing forces as a supplement. Encourage qualified enterprises to carry out self-inspection work and improve the safety testing and service capabilities of special equipment.
(4) Strengthen the supervision of industrial product quality and safety.
Innovate the regulatory system for industrial products for production. According to the use of industrial products for production and the characteristics of market transactions, innovative regulatory methods and means, more attention to the use of market mechanisms, the use of certification and testing to ensure product quality and safety. Promote enterprises to establish a product quality and safety commitment system, supervise the implementation of product quality factory inspection, independent inspection and active reporting of hidden risks, and encourage enterprises to apply for product quality and safety liability insurance. Improve the CCC certification system, and establish a scientific and reasonable dynamic adjustment mechanism for the certification directory. Explore mandatory product labeling systems, and adopt a variety of compliance evaluation methods such as third-party certification and self-declaration according to different risk levels.
Strengthen the supervision of consumer product safety. Promote enterprises to establish a quality and safety traceability system for major consumer goods, record process information in key links, and realize traceability of product quality and safety issues. Improve the recall system for defective products, strengthen the recall management of key products such as large and medium-sized passenger and freight vehicles, new energy vehicles and intelligent networked vehicles, smart homes, children's products, electronic appliances, etc., strengthen the investigation of major cases and follow-up supervision of recalls, and improve the technical support system for the recall of defective products. Improve the product injury monitoring system, broaden the monitoring information collection channels, increase the monitoring points, and promote product injury prevention interventions. Improve the mandatory reporting and investigation and handling system for product quality and safety accidents, and improve the standards for compensation for personal injuries of quality and safety accidents.
Improve product supervision capabilities during and after the event. Improve the product quality supervision and random inspection system, reform and improve the random inspection model, implement dynamic management of the random inspection catalog, optimize the technical methods of random inspection, increase the intensity of linkage spot checks, increase the proportion of random inspections in the circulation field, strengthen the tracking and spot checks of enterprises with untrustworthy quality, and improve the ability to find unqualified products. Strengthen supervision and post-inspection processing, timely seal unqualified products, and strictly prevent them from flowing into the market. Strengthen the supervision of products in the CCC certification directory, and increase the crackdown on illegal acts such as leaving the factory without a license and selling products in the CCC certification directory. Strictly investigate and punish products with inferior quality, violations of mandatory standards, and safety risks, and resolutely prevent and curb quality and safety accidents. Strengthen the quality supervision of the whole chain of cotton planting, delivery, purchase, processing, sales, storage and other links, and ensure the quality and safety of fibers such as cotton and reserve cotton. Strengthen the assessment of industrial product quality and safety, and establish and improve the product quality and safety monitoring and early warning system. According to the results of safety assessment, formulate and implement a catalogue of key industrial product quality and safety supervision, and strengthen the supervision of key products related to the people's physical health, life and property safety, public safety, and ecological environment safety.
(5) Raise the level of consumer rights and interests protection.
Strengthen consumer education and consumer warnings. Aiming at the hot spots of rights protection in the new consumer field, improve consumers' ability to prevent risks and protect their rights according to law. Strengthen the analysis of consumer complaint information, and timely release consumer risk reports. Promote the publicity of consumer complaint information, establish and improve the post-consumer evaluation system, and reduce information asymmetry in the field of consumption. Comprehensively use comparative tests, certification tests, consumer physical inspections, service reviews, survey reviews, etc., to timely issue consumer warnings.
Establish a diversified solution mechanism for consumer disputes. Simplify the procedures for handling consumer disputes, and encourage the rapid handling of small consumer dispute cases through small litigation procedures. Improve the online resolution mechanism for consumer disputes, promote the interconnection and information sharing of the local 12345 hotline platform and the national 12315 platform, promote the integrated construction of the 12315 platform, collect all market supervision complaint and report data, and realize unified dynamic judgment of the market environment and the consumer environment. Complete mechanisms for diversified resolution of consumer disputes in which administrative organs, people's mediation organizations, and professional organizations link with people's courts and arbitration institutions.
Strengthen administrative law enforcement and judicial protection of consumer rights protection. Improve the ability to respond quickly, deal with and guide public opinion on major rights protection incidents. Improve the performance evaluation system of the "five-level circular linkage" of the 12315 platform. Complete working mechanisms for "litigation and transfer of cases", truly increasing the illegal costs of business operators infringing on the lawful rights and interests of consumers. Complete consumer public interest litigation systems, strengthening judicial protection of consumers in areas such as litigation procedures, court trials, and the burden of proof. Support consumer associations in exercising their right to public interest litigation.
Promote the construction of a consumer rights protection system. Vigorously carry out activities to create assured consumption, encourage the implementation of offline shopping without reason to return goods, and explore the implementation of off-site and different store return and exchange systems. Reform and improve the "three guarantees" system for product quality, and explore the establishment of a third-party quality dispute handling mechanism. Improve the joint governance mechanism of prepaid card consumption departments, and strengthen the management of single-purpose prepaid card industries in the fields of commerce, culture, sports, education, and transportation. Strengthen market supervision of medical, health, childcare services and the aging industry, and crack down on illegal medical beauty and other illegal acts in accordance with the law. Continue to improve the pattern of consumer rights protection that integrates the government, enterprises, industry associations, consumers, and the media, optimize the rights protection process, and reduce the cost of rights protection. Explore the establishment of consumer feedback and evaluation mechanisms for the results of rights protection processing. Complete mechanisms for protecting consumers' personal information.
Sixth, build a modern market supervision system, and comprehensively improve the efficiency of comprehensive market supervision
Improve the basic system, improve the institutional mechanism, innovate regulatory tools, strengthen scientific and technological support, and make overall use of market, legal, technical, standard, credit, administrative and other means to enhance the comprehensive supervision capacity of the market and improve the modernization level of market supervision.
(1) Improve the basic system of market supervision.
Complete the legal system for market supervision. Comprehensively advance the construction of the rule of law in market supervision, accelerate the promotion of the establishment, reform, and abolition of relevant laws and regulations, and form a systematic, scientific, standardized, and effectively operated legal and normative system for market supervision. Persist in promoting legislation and reform in a linked manner, and use the legal system to consolidate and deepen the achievements of reform. Accelerate the promotion of legislation in the field of new economic supervision and other fields. Strengthen the formulation of supporting rules, refine the requirements of laws and regulations, and improve the level of systematization of regulatory rules. Complete work mechanisms for cleaning up rules and normative documents, continue to clean up rules and normative documents in the field of market supervision, and promote the unification of market supervision rules. Give full play to the guiding role of law enforcement guidelines on market activities, formulate law enforcement guidelines by industry and field, and formulate comprehensive law enforcement guidelines for key industries. Pay attention to popularizing the law by case, increase the intensity of interpreting the law by case, and establish a mechanism for the release of guiding cases for market supervision.
Improve the scientific level of the basic system of market supervision. We will improve the fair competition system, improve the fair competition policy framework, and build a fair competition policy implementation mechanism covering the matter before and after the event. Improve the intellectual property protection system, and promote the revision of laws and regulations in the fields of patents, trademarks, and copyrights. Strengthen and improve credit supervision and management systems and measures for market entities in key and sub-areas, and promote the acceleration of credit-enabled market supervision and implementation. Improve the rules for the supervision of market transactions, and promote the formulation and revision of the Metrology Law and the Implementing Regulations of the Consumer Rights and Interests Protection Law. Improve the product quality and safety supervision system, accelerate the formulation and revision of industrial product quality and safety supervision laws and regulations such as the Product Quality Law, and strive to solve the problems of low cost of violating the law and high cost of rights protection.
Promote institutional opening up of market supervision. Improve the international cooperation system for market supervision and the exchange mechanism with Hong Kong, Macao and Taiwan. Carry out in-depth bilateral exchanges and cooperation, actively participate in international organizations and multilateral mechanisms, and serve the high-quality development of the "Belt and Road". Strengthen international coordination of fair competition policy, actively and steadily promote negotiations on competition issues, and strengthen international cooperation in competition enforcement. Deeply participate in the international governance of the digital economy, and actively participate in the formulation of international standards in the digital field. Promote the extraterritorial application of relevant laws on intellectual property rights in the Mainland, and strengthen cross-border collaborative arrangements for the protection of intellectual property rights. Actively participate in the activities of international organizations in the field of quality infrastructure, substantively participate in the formulation of international standards and rules, and promote measurement, standard docking and mutual recognition of conformity assessment results. Deepen international cooperation in product quality and safety supervision and consumer rights protection, strengthen cooperation in food, drug and special equipment safety supervision, and promote the public sharing of mainland product recall information in international organizations and platforms. Improve and improve the system of technical trade measures, enhance the ability to respond to emerging technological trade measures, promote the development of foreign trade, and lead the transformation and upgrading.
(2) Improve market supervision systems and mechanisms.
Optimize the hierarchical configuration of regulatory matters. Rationally divide the rights and responsibilities of each level of market supervision, and form a functional system that is conducive to giving play to the advantages of each level in performing duties. Adhere to the combination of territorial management and hierarchical management, and rationally allocate regulatory resources according to the risk scope and professional requirements of regulatory matters. Support grassroots regulatory capacity building, and ensure that grassroots market supervision departments can receive and manage the delegated regulatory authority well. Establish and dynamically adjust the catalogue of guidance on comprehensive administrative law enforcement matters for market supervision and management, clarifying the division of powers in case jurisdiction, investigation, disposition, and punishment.
Strengthen cross-departmental comprehensive supervision. Compile and dynamically adjust the list of market supervision rights and responsibilities, so as to achieve consistent rights and responsibilities and supervision according to law. Adhere to the principle of "who approves, who supervises, who is in charge, who supervises", clarify the boundaries of industry management and market supervision responsibilities, and strengthen industry access and market entity registration coordination. Complete systems for deliberative coordination in the field of market supervision, improve mechanisms such as industry management and market supervision, regular consultation and communication and coordination, timely notification of important situations, and coordination and linkage of key work. Improve systems such as sharing case sources and mutual recognition of inspection and appraisal results between market supervision departments and judicial organs, and strengthen the articulation of executions.
Deepen comprehensive law enforcement reform. Strengthen guidance on the comprehensive law enforcement reform of local market supervision, and promote the formation of a law enforcement model that is compatible with unified market supervision. Establish law enforcement case-handling mechanisms with horizontal coordination and vertical linkage, strengthen the investigation and handling and guidance of major cross-regional cases by market supervision departments at or above the prefectural and municipal levels, and implement systems for listing and supervising major cases, designating jurisdiction, and public notification. Strengthen the connection between routine supervision and comprehensive law enforcement, establish and complete coordination mechanisms such as information notification, case transfer, and law enforcement feedback. Coordinate comprehensive law enforcement and professional law enforcement, explore the establishment of categorical law enforcement mechanisms, give categorical guidance to different types such as market order, product safety, and quality standards, advance specialized law enforcement, and improve the effectiveness of comprehensive law enforcement. Strengthen the construction of professional and specialized law enforcement teams, improve the law enforcement talent pool and expert pool, accelerate the cultivation of cross-field and cross-professional composite law enforcement talents, and in principle implement special personnel for law enforcement posts with strong professional and technical characteristics.
(3) Innovate and enrich market supervision tools.
Improve step-by-step regulatory tools. In view of different illegal tendencies, stages of violation of the law and the degree of violation, innovate and enrich regulatory means such as legal popularization publicity, compliance guidelines, administrative guidance, industry conventions, public commitments, interviews, warnings, inspections and law enforcement, etc., to achieve the comprehensive effect of standardizing market behavior, reducing law enforcement costs, and forming a law enforcement deterrent. Adhere to the principle of putting prevention first and focusing on guidance, establish and improve a reminder and warning system for emerging problems of market violations, and further innovate regulatory methods that guide market entities to self-regulate. Severe punishment is to be given in accordance with law for violations of subjective malice, repeated punishments that do not change, repeated prohibitions, and violations that endanger the people's physical health, the safety of life and property, and public safety.
Improve market-oriented socialized and diversified regulatory tools. Follow economic laws, use market mechanisms to promote the implementation of subject responsibilities and supervision responsibilities, strengthen the in-depth development and utilization of enterprise credit information, and guide the market to assess transaction risks based on the credit status of enterprises. Innovate social supervision and guidance methods, strengthen reporting systems in areas involving people's physical health, life and property safety, public safety, and ecological and environmental safety, and implement internal whistleblower reward policies. Pay attention to giving full play to the professional advantages of industry associations and chambers of commerce, and support associations and chambers of commerce to strengthen industry self-discipline. Establish and improve news dissemination and exchange and coordination mechanisms in the field of market supervision, strengthen public opinion monitoring, and improve the ability to discover and deal with emerging and trending problems.
(4) Complete long-term mechanisms for credit supervision and management.
Improve mechanisms for publicizing information aggregation. Strengthen cross-regional, cross-departmental, and cross-level information aggregation and sharing, promote the national enterprise credit information publicity system to comprehensively aggregate market entities' credit information and make it public in accordance with law, and achieve information sharing with the national credit information sharing platform, the national "Internet + supervision" system, and so forth. Integrate the information related to enterprises in the field of market supervision, realize that information such as registration, administrative approval, production license, supervision and random inspection, product certification, and administrative punishment "should be returned", and timely push the enterprise registration information to the relevant competent departments. Complete standards and norms for information aggregation, establish mechanisms for verifying credit records, and ensure that credit records are true and accurate.
Improve credit constraint incentive mechanisms. Strengthen efforts to manage the list of abnormal operations, the list of the untrustworthy who seriously violated the law, and the work of restricting credit in the field of market supervision, and establish a unified management system for the list of the seriously illegal and untrustworthy by market supervision departments. Complete response and feedback mechanisms for punishment for untrustworthiness, lawfully advancing the extension of disciplinary measures for untrustworthiness to relevant responsible persons. Complete mechanisms for identifying targets of punishment for untrustworthiness, clarifying the basis, standards, procedures, objections, appeals, and withdrawal mechanisms. Establish a list of punitive measures for untrustworthiness in accordance with laws and regulations, dynamically updating and disclosing it to the public. Carry out joint incentives for trustworthiness. Improve mechanisms for untrustworthy market entities to restore credit, lawfully and reasonably setting conditions and periods for impact.
Improve credit risk classification management mechanisms. Combine the "Internet + supervision" system enterprise credit appraisal results, public credit comprehensive appraisal results, industry credit appraisal results, and so forth, to further raise the scientific level of credit supervision. Clarify the classification standards for enterprise credit risks, determine differentiated regulatory measures based on the credit rating of enterprises, and organically combine them with "double random, one open" supervision and risk prevention and control in professional fields, etc., to improve the timeliness, accuracy and effectiveness of supervision. Compile enterprise credit supervision indexes, dynamically optimize indicator models, and give play to the guiding role of credit supervision indexes in industry and regional supervision. Comprehensively establish mechanisms for the verification and application of market entities' credit information, accelerating the promotion of credit information embedding in all business areas of market supervision. Strengthen the role of credit supervision in supporting the supervision of key areas, establish special systems for credit supervision in areas such as food and drugs, special equipment, and key industrial product quality and safety, and raise the level of comprehensive management of product quality and safety. Establish credit supervision and management systems for informing commitment matters, strengthen ex post facto verification of market entities' credit status, and include the performance of credit commitments in market entities' credit records.
(5) Strengthen the basic capacity of market supervision.
Accelerate the promotion of smart supervision. Make full use of modern technological means such as the Internet, cloud computing, big data, and artificial intelligence to accelerate the improvement of market supervision efficiency. Establish a catalog of market supervision and service information resources and a system of standards and norms, fully integrate information resources and business data in the field of market supervision, and further promote the sharing and opening of market supervision information resources and the collaborative application of systems.
Strengthen the construction of scientific and technological support systems. Encourage scientific research and innovation in the field of market supervision, strengthen the research of key technologies and the development of advanced equipment in key areas of market supervision, and lay out a number of national and departmental scientific and technological innovation bases. Focus on promoting the construction project of the National Standards Pavilion of the China Institute of Standardization and the second phase of the Changping Experimental Base, the second phase of the construction project of the Experimental Base of the Chinese Academy of Metrology, the national food quality and safety inspection (supervision) capacity building project, and the national consumer goods quality and safety risk monitoring and early warning capacity building project, etc., and comprehensively improve the scientific and technological support capacity of market supervision.
Strengthen basic capacity-building at the grass-roots level. Accelerate the legislative work of the regulations of the Market Supervision Institute, and promote the standardization and standardization of grass-roots market supervision. Coordinate the resources of all parties, improve the regulatory conditions such as business premises, law enforcement vehicles, inspection and testing, and law enforcement equipment of grass-roots market supervision departments, and improve the level of modernization of grass-roots supervision.
Strengthen the construction of talent teams. Complete mechanisms for the introduction, training, use, evaluation, and incentive of talents, and comprehensively advance the construction of a contingent of market supervision talents. Accelerate the construction of high-level market supervision think tanks and comprehensive research institutions, strengthen strategic research and decision-making consultation on major theoretical and practical issues, and carry out talent demand analysis. Promote the cultivation of market supervision talents, accelerate the construction of relevant disciplines, and cultivate reserve talents that meet the needs of market supervision modernization. In key professional fields such as inspection and testing, drug review, inspection and verification, network data supervision, intellectual property rights, and quality technology, efforts have been made to cultivate and introduce a group of "high-precision and cutting-edge" talents. Organize and carry out comprehensive law enforcement large-scale military training, and improve the ability level of grass-roots talent teams. Strengthen the construction of market supervision culture, enhance value identity, emotional identity, and cultural identity, and enhance the sense of responsibility and mission of doing a good job in market supervision.
Chapter IV Safeguard Measures
Improve the guarantee mechanism for planning and implementation, better promote the performance of duties and responsibilities of all regions and relevant departments, stimulate the enthusiasm of various market entities, industry organizations and all sectors of society to the greatest extent, and form a strong joint force to promote market supervision.
I. Strengthen organizational leadership
Strengthen the party's overall leadership over market supervision work, establish a work system of unified leadership, departmental coordination, and linkage between the upper and lower levels, and promote the completion of planning goals and tasks as scheduled. All localities and relevant departments should regard the modernization of market supervision as a major strategic task to promote economic and social development, strengthen the capacity building of market supervision as a whole according to the actual conditions of work and financial resources, and create a good policy environment, institutional environment, and rule of law environment for market supervision work.
2. Implement the division of responsibilities
All regions and relevant departments should strengthen their sense of responsibility, in accordance with the division of responsibilities, according to the tasks and policy measures proposed in this plan, study and formulate supporting policies and specific implementation plans, further consolidate the responsibilities of all parties, clarify the work priorities, refine work measures, and promote the effective implementation of the plan. All regions should incorporate planning goals and tasks into the government's work deployment, establish a long-term mechanism for planning implementation, and promote local economic development by optimizing the market environment. All relevant departments should base themselves on the positioning of their duties, improve the working mechanism, incorporate the goals and tasks proposed in the plan into the annual work deployment, and grasp the implementation of key tasks of market supervision in this field.
Third, encourage exploration and innovation
All regions should encourage the grass-roots level to make bold explorations, in view of the pain points and difficult problems in the implementation of the plan, support qualified regions to try first, innovate work ideas and methods, actively explore and accumulate pragmatic and effective, scientific and accurate specific measures, and continuously enrich and improve relevant policies and measures. All relevant departments should thoroughly study the overall, strategic, and forward-looking issues in market supervision work, consolidate the theoretical foundation of market supervision, and promote the innovative development of market supervision.
IV. Strengthen assessment and assessment
The State Administration for Market Regulation, together with relevant departments, should strengthen the follow-up and analysis of the implementation of the plan, study and build an indicator system that scientifically reflects the effectiveness of market supervision, organize the dynamic monitoring, mid-term evaluation and summary evaluation of the implementation of the plan, encourage the development of third-party evaluation, timely summarize and promote typical experience and practices, study and solve the problems existing in the implementation of the plan, and report important situations to the State Council in a timely manner. All regions should incorporate the implementation of the plan into the government's comprehensive evaluation and performance appraisal, strengthen supervision and assessment, strengthen the use of assessment results, report on the implementation of the plan, and ensure that the plan is effective.
V. Guide social participation
Increase the intensity of publicity, strengthen the guidance of public opinion, deeply interpret the important significance, goals and tasks and key measures of the plan, encourage and guide all kinds of market entities, industry organizations, consumers and news media to actively participate in market supervision work, and create a good social atmosphere. Broaden channels for social participation, promptly disclose the implementation of plans in an appropriate manner, and proactively accept social supervision.
This article originated from the financial world