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Zhang Kai and Su Qiuhui|Research on the optimization path of the business environment under the rule of law

author:Shanghai Law Society
Zhang Kai and Su Qiuhui|Research on the optimization path of the business environment under the rule of law
Zhang Kai and Su Qiuhui|Research on the optimization path of the business environment under the rule of law
Zhang Kai and Su Qiuhui|Research on the optimization path of the business environment under the rule of law

The rule of law is the core element of the business environment, and a good business environment based on the rule of law is the key guarantee for promoting high-quality economic development. In recent years, the mainland has attached great importance to the construction of the business environment, and the degree of rule of law in the business environment has been continuously improved, but it is still facing some practical difficulties, mainly manifested in imperfect laws and regulations, asymmetric information between government and enterprises, and insufficient functions of regulatory agencies, etc., and there is still a certain gap with the "natural goal" of the business environment. Based on this, the logical path to optimize the business environment should be: first, build a sound legal and policy system at the institutional level, especially adapt and improve it for scenarios such as the new economy, new business forms, and new models; secondly, at the market level, we should give full play to the flexibility of market entities under the norms of the rule of law, and explore "new space" within the framework of the rule of law; Finally, at the organizational level, the government's regulatory functions and positioning should be clarified to ensure market order and fair competition.

Zhang Kai and Su Qiuhui|Research on the optimization path of the business environment under the rule of law

1. Definition of the connotation of the law-based business environment

"Rule of law" is an intrinsic requirement for the modernization of national governance, and is the basic feature and important observance of a good business environment. The rule of law business environment aims to use the rule of law thinking to regulate and adjust the behavior of relevant stakeholders such as the government and commercial entities, and "the construction of a rule of law business environment in China is not only policy advocacy and theoretical interpretation, but also a rich and vivid institutional practice". The connotation of the construction of a law-based business environment is mainly reflected in three levels: first, the micro level, which refers to the rule of law in the operation of commercial acts, which requires commercial entities to strictly follow the requirements of the rule of law when implementing commercial acts; The second is the meso-level, which refers to the rule of law in the external market environment, in order to create a fair and orderly market environment and further promote the healthy development of the market economy; Finally, at the macro level, it refers to the rule of law in the operation mechanism of government affairs, which requires legal regulation of the exercise of government power, and the exercise of government power must strictly follow the institutional requirements of "there are laws to follow".

(1) Micro connotation: the rule of law in the operation of commercial acts

Nowadays, the development of the market economy has become the mainstream trend of global economic development, and the scale and complexity of business activities and economic transactions are also increasing. This requires that commercial entities must conduct business activities in accordance with the provisions of laws and regulations to ensure the legality, fairness and standardization of transactions. The rule of law in the operation of commercial acts refers to the establishment of a standardized commercial relationship between the parties to the transaction in accordance with the provisions of laws and regulations. The rule of law in commercial activities can effectively protect the legitimate rights and interests of market entities, promote the healthy development of the market economy, and further improve the efficiency and stability of commercial transactions. Therefore, the definition of the rule of law in the operation of commercial acts is actually a micro-level definition in the field of law-based business environment, based on the consideration of the macro positioning of the law-based business environment. Specifically, the realization of the rule of law in the operation of commercial acts should be elaborated from the following aspects: First, the fundamental feature of the rule of law in the operation of commercial acts is "rule of law", commercial activities must comply with the provisions of laws and regulations, ensure the legality and compliance of transactions, protect the rights and interests of market entities such as the right to know and the right to choose, and "rule of law" is the first essence of its operation. Secondly, the rule of law in the operation of commercial behavior also reflects the value connotation of fairness and transparency, which refers to meeting the requirements of commercial behavior at the value level, ensuring that both parties to the transaction conduct transactions under the condition of information symmetry, and avoiding the instability caused by information asymmetry and the chaos of market competition. Finally, the rule of law in the operation of commercial acts also requires both normative characteristics, which are not limited to the norms of the legal system, but should also meet the requirements of commercial norms and practices, that is, certain rules and procedures are followed in the transaction process to ensure that commercial transactions meet certain reasonable expectations. In short, the rule of law in the operation of commercial behavior can lay a good foundation for further establishing a stable business environment, avoid market imbalances caused by unfair competition, and maintain market order and public interests, which will profoundly affect the willingness of enterprises to participate in market transactions. Therefore, the rule of law in the operation of commercial behavior is not only an important connotation of the construction of a business environment based on the rule of law, but also a necessary condition for the healthy development of the market economy. Only by carrying out commercial activities under the framework of the rule of law can we better realize the sound development and stable operation of the market economy.

(2) Mesoscopic connotation: the rule of law in the external market environment

Mesoconnotation is a connotation definition that integrates macro and micro connotations, aiming to deeply understand the essence of things and pay attention to the interrelationship between affairs and the external environment. It emphasizes not only paying attention to the individual components and specific circumstances of things, but also considering the interactions and social connections between them. The market is a pluralistic system in which all parties participate in the exchange, and the market environment covers the premise, process and outcome of the exchange. In the market, the prerequisite for participating in the exchange is regarded as market access, and the exchange process needs to consider whether the transaction is fair, and the fairness of market access and competition enforcement affects the level of rule of law in the market order. The rule of law in the external market environment refers to the institutional arrangements for the government to supervise and guide the market environment in accordance with the provisions of laws, policies and regulations, and then maintain market order and public interests. A market environment based on the rule of law can effectively protect the legitimate rights and interests of market entities, promote the healthy development of the market economy, and improve the efficiency and stability of commercial behavior. In market economic activities, the government needs to establish a sound system of laws and regulations and regulatory mechanisms to ensure the legitimacy of market economic activities. At the same time, the government should strengthen market supervision and law enforcement, prevent and crack down on commercial fraud, unfair competition and other illegal acts, maintain market order and public interests, and then protect the right to know, the right to choose and other legitimate rights and interests of market entities, improve the fairness and effectiveness of market competition, improve the efficiency and precision of market supervision, and ultimately avoid excessive or ineffective supervision. The rule of law in the external market environment, as the mesoscopic connotation of the rule of law business environment, fully balances the relationship between commercial behavior and government operation mechanism in the operation of the rule of law business environment.

(3) Macro connotation: the rule of law of the government operation mechanism

The core essence of the rule of law in the business environment lies in "limiting the power economy" and "developing the rights economy", and "the rule of law itself is proposed to curb the power of the government through the law rather than to govern the ordinary people through the law", so the government must "have a law to follow" in the exercise of power, in order to protect commercial freedom and commercial fairness to the greatest extent, and provide a legal channel for enterprises to actively express their demands and actively exercise their rights. The rule of law in the operation mechanism of government affairs is a form of rule of law in which the government manages and supervises government affairs activities in accordance with the provisions of the law, and further ensures the legality and fairness of government affairs work. As the macro connotation of the law-based business environment, the government operation mechanism plays an important role in ensuring that the government administers according to law, promotes interaction and communication between the government and enterprises, and ensures fair competition in the market. This kind of rule of law government operation mechanism can effectively safeguard the public interest, improve the efficiency of government affairs, provide an important guarantee for the rule of law in the business environment, and increase the transparency of government and business relations. In specific practice, the rule of law of government operation mechanism needs to consider the following aspects: First, the government should establish a sound system of laws and regulations and government management mechanisms to ensure the legitimacy and fairness of government affairs, and further provide better government services for enterprises. Second, the government should strengthen government supervision and law enforcement, prevent and crack down on illegal acts, and safeguard the public interest. Third, the government should also strengthen the disclosure of government information and service guarantees, protect the right to know, the right to choose and other legitimate rights and interests of market entities, and promote the rule of law in the business environment. Finally, the government should strengthen communication and coordination with market players, establish good cooperative relations, and promote the smooth progress of government affairs.

2. Cognition of the functional attributes of the business environment under the rule of law

From the perspective of the rule of law connotation of governance and the business environment it responds to, the appeal of the business environment lies in the rule of law, that is, the balance between the basic value connotation of the contemporary rule of law and the adaptability of the business environment, which is a perfect and effective institutional arrangement provided by the state for market entities to carry out investment, production and business activities. Based on the construction of the natural goal of rule of law governance, and based on the triple connotation of rule of law business environment, the functional attributes of rule of law business environment can be positioned as follows: rule of law business environment has the governance effect of regulating the stable operation of government power, rule of law business environment is an important way to promote the protection of the rights of commercial subjects, and the path of rule of law business environment is consistent with maintaining the harmonious relationship between government and business.

(1) Regulate the stable operation of government power

The rule of law regulates the business environment and the stable operation of government power is to ensure that government intervention in economic activities is appropriately limited and to enhance the autonomy of market players. The basic principle of the market economy is that the government guarantees market order and fair competition, rather than excessively interfering in the trading behavior of market entities. The core goal of establishing a business environment based on the rule of law is to prevent the government from abusing its power and to ensure that the government's actions in the economic field meet the standards of fairness, transparency and expectation by restraining government actions in accordance with the law. In this way, the government will be more prudent in formulating and implementing policies, following the requirements of laws and procedures, thereby reducing the possibility of capricious policies and policy uncertainty. A well-functioning market requires a clear legal framework and stable institutional safeguards to safeguard the rights and interests of market participants. If the government's actions are not constrained by laws and systems, it may lead to the abuse of power by the government and disrupt the market order, which will have a negative impact on the development of enterprises. In short, the government and enterprises are two different subjects, each with different responsibilities and interests. The responsibility of the government is to maintain market order and protect the public interest, while the responsibility of enterprises is to pursue enterprise benefits and create social wealth. If the line between the government and the business is blurred, the government may abuse its power and interfere in the business activities of the enterprise, which in turn will lead to an imbalance in market competition and make it impossible for enterprises to participate in market competition fairly.

(2) Regulate the stable operation of government power

The second functional attribute of the law-based business environment is to restrain the behavior of market entities such as enterprises, that is, the government's equal protection and market supervision role. Specifically, on the premise of not directly intervening in the economy, the government should strengthen the protection of market entities and regulate the behaviors of market entities that undermine market order, which is mainly manifested in the protection of the property rights of market entities and the regulation of monopoly and unfair competition. In a market economy, property rights are an important property of market entities, and the protection of property rights is the foundation of a market economy. If the government fails to effectively protect the property rights of market entities, the enthusiasm for innovation and investment confidence of market entities will be seriously affected, and the market economy will not be able to develop smoothly. Therefore, the establishment of a business environment based on the rule of law and the strengthening of the protection of the property rights of market entities can ensure market order and the innovative vitality of market entities, and provide a steady stream of impetus for the development of the socialist market economy. "Institutions play a fundamental role in national governance, and the rule of law can provide a set of standardized and stable institutional systems for the market economy, ensure the smooth implementation of the market economy, and provide stable expectations for market players." Therefore, in the context of the rule of law, the business environment under the rule of law can provide a more stable and reliable legal guarantee for commercial entities, and the government and relevant authorities will supervise and manage commercial entities in accordance with institutional arrangements, so as to ensure that their legitimate rights and interests are fully protected. At the same time, a law-based business environment can also provide a more fair and transparent legal environment for commercial entities, reduce the possibility of unfair treatment and discrimination against enterprises, and expand their own development space. In short, the rule of law business environment plays an important role in promoting the protection of the rights of commercial entities, and the government should actively promote the construction of a business environment based on the rule of law, provide enterprises with a more stable, fair and convenient legal environment, and further realize the sound development of enterprises and the continuous growth of economic production capacity.

(3) Maintain a "clean" and "pro" harmonious political and business relationship

In general, there are three types of functional attributes of the business environment under the rule of law, but these three types of functional attributes are not simply juxtaposed, and the functional attribute of maintaining a harmonious political and business relationship between "clean" and "pro" is more inclined to the ultimate value goal pursued by other functional attributes. The harmonious relationship between government and business refers to the institutionalized relationship between government agencies and business entities, which is characterized by closeness, clarity and promising, and strict order. The implementation of "pro" and "clean" harmonious political and business relations is a complex system project, which is an important institutional guarantee for optimizing the business environment and promoting the high-quality development of the market economy in the new era. In order to ensure a healthy and orderly relationship between power and capital, it is necessary to establish a separation zone between government and business, and clarify the spatial zone of the respective activities of power and capital. Through the rule of law business environment, we will continue to narrow the space for power rent-seeking, break the corrupt chain of collusion between power and capital, and effectively curb corrupt behaviors such as collusion between officials and businessmen and the transfer of benefits. At the same time, commercial entities are naturally profit-seeking, so they are inevitably required to be regulated and guided in the context of a law-based business environment to achieve their healthy and orderly development. The harmonious relationship between government and business is not only a value goal, but also a new requirement for the development of the market economy for commercial entities and the government. Under the guidance of the ideal relationship between government and business, commercial entities gradually establish a correct business philosophy, establish a standardized internal management system, adhere to the bottom line of integrity and law-abiding, and abandon the improper thinking of relying on power to win over. Only in this way can the relationship between government and business become clearer, purer and more selfless, so as to further improve the quality of the business environment based on the rule of law.

3. The practical dilemma of building a business environment based on the rule of law

If the value proposition of the rule of law development of the business environment in the current commercial governance is a "should" demand, then its realization depends on the adaptation of the business environment to the development of the rule of law. However, there are multiple negative factors in the current business environment, such as imperfect laws and regulations, asymmetric information between government and enterprises, and insufficient regulatory power, which constitute the incompatibility of the business environment with the development of the rule of law at the actual level, and hinder the realization of the latter. There is asymmetry in government and enterprise information; The functions of the regulator are inadequate.

(1) Lack of completeness of the system of policies and regulations

"The law is always generated and developed under certain social and material living conditions, and the content of the law is also determined by the material living conditions. In essence, the rule of law is the expression of the economic conditions of life in society in the form of law. Therefore, the completeness of the system of policies and regulations directly affects the development of social life, and the incompleteness of policies and regulations in the practice of law-based business is mainly manifested in two aspects: first, the number of policies and regulations of the law-based business environment is insufficient; Second, the quality of policies and regulations for a law-based business environment is not high.

First, there are insufficient policies and regulations for a business environment based on the rule of law. The problem of insufficient number of policies and regulations in the law-based business environment can be attributed to the lag of the government in the formulation of laws and regulations and the lack of close coordination and integration. First, the lag in the formulation of government laws and regulations is one of the main reasons for the insufficient number of policies and regulations. When formulating and revising laws and regulations, the government needs to go through a series of procedures, such as research, argumentation, and soliciting opinions, which are time-consuming and cumbersome. Therefore, in the fast-developing fields such as emerging industries and the Internet economy, technology and market changes rapidly, and it is difficult for the laws and regulations formulated by the government to keep up with the pace of market demand and technological progress in a timely manner, resulting in enterprises facing challenges such as data security and network security, and affecting their normal operation and development. Second, the lack of coordination and integration between government departments is also one of the factors leading to the insufficient number of policies and regulations. When formulating policies and regulations, various government departments often work in silos, and there is a lack of unified coordination and integration mechanisms. This situation can easily lead to overlap and conflict between policies and regulations, which in turn affects the legitimacy and compliance of enterprises. In addition, even if there are a certain number of policies and regulations, if there are contradictions between them or they are not well connected and coordinated, it will reduce the degree to which they are effectively used.

Second, the quality of policies and regulations for a law-based business environment is not high. The concept of legal quality, if it is based on Fuller's view, is "intrinsic virtue", so high-quality law can also be called "good law", and good law directly affects whether the actual situation is good governance. The current quality of policies and regulations on the business environment based on the rule of law is not high, which is mainly manifested in the following aspects: first, the content of policies and regulations is not clear and unambiguous, which is easy to cause ambiguity; Second, the formulation of policies and regulations is not scientific and reasonable, and lacks practical operability; Third, there is a lack of effective enforcement mechanisms for policies and regulations, resulting in poor implementation of policies and regulations. For example, Article 62 of the Regulations on Optimizing the Business Environment of the People's Republic of China stipulates that when formulating legislative documents related to the business activities of market operators, the relevant authorities shall fully listen to the opinions of market entities, industry associations and chambers of commerce. It seems that the quality of this policy does not seem to be in question, and from the relevant regulations on optimizing the business environment that have been promulgated by some provinces (municipalities directly under the Central Government), it can also be found that there are explicit provisions on the right of commercial entities to participate in legislation. However, most of these provisions are limited to general mentions, and do not specifically clarify the procedures for exercising rights, the scope of subjects of legislative participation, etc., and these series of legislative issues directly affect the effective implementation of legal norms because of their failure to refine, and cause a gap between the "real" and "should" levels.

In short, the existence of an incomplete system of policies and regulations has brought many difficulties to the construction of a law-based business environment for enterprises. Enterprises often need to comply with a series of policies and regulations when conducting business activities, and if the policies and regulations are incomplete, the legitimacy and compliance of the enterprise cannot be effectively guaranteed.

(2) There is asymmetry in government and enterprise information

The information asymmetry between the government and enterprises refers to the difference between the government and enterprises in terms of information acquisition, which further leads to the inability of enterprises to obtain sufficient information in the process of doing business, thus reducing the competitiveness of commercial entities in the market. This asymmetry mainly comes from the lack of information sharing between the government and enterprises, so the information asymmetry between the government and enterprises has become a major dilemma restricting the construction of a law-based business environment. It is mainly manifested in the following aspects: First, the government information disclosure is insufficient. When the government formulates and implements policies and regulations, it often involves a large amount of information and data, and if the government information disclosure is insufficient, it will lead to the inability of enterprises to obtain relevant information, thus affecting the decision-making and development of enterprises. Second, government information is not transparent. When the government formulates and implements policies and regulations, there are often some implicit regulations and operations, and if the government information is not transparent, it will lead to enterprises not being able to understand the actual operation of policies and regulations, thus affecting the legitimacy and compliance of enterprises. Thirdly, there is a single channel for government information release. When the government issues policies and regulations, it often only releases information through official websites, press conferences and other channels, which can easily lead to untimely and inaccurate information dissemination, which affects the decision-making and development of enterprises. In short, the problem of information asymmetry between the government and enterprises requires the government to take effective measures to solve it, establish a more open, transparent and effective information management and communication mechanism, and provide enterprises with a better business environment based on the rule of law.

(3) The functions of regulatory agencies are insufficient

Although the efficiency of government services in the mainland has been significantly improved in the reform of "delegating power, delegating power, delegating power, and providing services" for many years, the full implementation of the government service list management system still needs to be further strengthened, and the business supervision mechanism is still insufficient, and there is room for further improvement. The inadequacy of the functions of the regulators is a constraint to the construction of a law-based business environment, which is mainly reflected in the limited scope of responsibilities of the regulators, and the imperfect design of their powers and systems. These problems make it difficult for regulators to fully and effectively implement supervision, which in turn hinders the optimization and upgrading of the business environment. Regulators need to perform their functions in accordance with relevant systems and norms when performing their duties, but due to the imperfect design of some systems, they may not fully listen to the opinions and feedback of enterprises, resulting in imperfect policies and regulations, or the power of regulators is limited, resulting in the inability to give full play to regulatory functions and the power of the government is in a blank area. On the other hand, the different enforcement standards of regulators are also important factors affecting the adequacy of their functions. Administrative law enforcement and supervision involve many market entities, and their interests are also complex. However, some local government departments have a large degree of arbitrariness in administrative law enforcement, resulting in inconsistent law enforcement standards, so there may be problems of differential treatment, which in turn affects fair competition in the market.

IV. Countermeasures and recommendations for further optimizing the business environment under the rule of law

Since the 20th National Congress of the Communist Party of China, the mainland has made phased progress in the construction of a business environment based on the rule of law. The laws and regulations related to the rule of law in business have been gradually improved, market entities have obtained more comprehensive legal protection, and relevant legal and public service supporting measures have been gradually improved. On the one hand, the development of the rule of law can provide goal-oriented and institutional norms for the reform of the business environment. On the other hand, the business environment, as an intrinsic factor of high-quality economic development, can play a "positive function" role in the promotion of the rule of law. Therefore, the optimization logic of the business environment in the construction of rule of law governance should be as follows: based on the legal system, with the free competition of market entities as the core, through a standardized, transparent and fair legal supervision policy mechanism, and ultimately provide a stable, fair, open and convenient business environment for enterprises and individuals.

(1) Institutional level: Construct a sound legal and policy system

With the continuous change of the current world pattern and the vigorous development of the global economy, the times are changing and technological innovation are constantly putting forward new requirements for the development of the current business environment under the rule of law. Due to the dual impact of the lag of legislation and stability, on the one hand, the law must provide stable expectations for the public and meet the value needs of social stability and harmony; On the other hand, although the law cannot be too changeable, it cannot be static, and the development of the legal system must keep up with the requirements of the development of the times. As an important part of the supply of the business environment, the institutional system should respond to the needs of the development of the business environment under the rule of law in a timely manner, put forward solutions in a timely manner in the face of new situations and new problems, and solve the problems existing in the new economy, new business forms and new models through legislation. Especially for policies and related normative documents, to give full play to its own initiative, the local government can quickly formulate normative documents on specific issues according to the actual needs of management before the introduction of laws and regulations regulating and regulating issues related to the business field, so as to achieve timely response to the actual situation. Therefore, "the starting point of optimizing the business environment under the rule of law is the institutional design of the norms for the operation of government power, that is, to carry out the regulation of power confirmation, and the core is to implement the concept of the rule of law government that 'no law is authorized to do anything'", so that the government can truly have laws to follow and avoid the destruction of the business environment caused by the abuse of power. In addition, as an important participant in the development of the business environment, the satisfaction and participation of commercial entities in the business environment are important evaluations of the advantages and disadvantages of the business environment. Therefore, in order to improve the transparency of the law-making process, avoid the unity of the "legislative will" of the legislative body, and pay attention to the participation of commercial subjects in the relevant procedures, especially the legislative opinions and demands of relevant industry associations. By increasing the participation of commercial entities, the government can effectively obtain the real needs and feedback of business operators, so as to formulate relevant laws and policies more accurately. Commercial entities understand the specifics and trends of their own industries, and their participation can provide valuable expertise and experience for legislative work. In summary, government agencies should further accelerate the formulation and revision of policies and regulations in emerging industries and other fields, ensure that the quantity and quality of policies and regulations match market demand, and provide better institutional arrangements for a law-based business environment.

(2) Market level: give full play to the flexibility of market entities under the rule of law

Giving full play to the flexibility of market entities does not require that commercial entities be given a "place outside the law", nor does it require the blind expansion of the commercial rights of business entities, but to fully explore the flexibility and adaptability of the business environment based on the rule of law in the current era of "high-quality development", and then promote the construction of the rule of law in the business environment. To expand the space for business entities to carry out commercial activities, we should not be limited to the "positive conditions" stipulated by the law, but should explore the role of the rule of law on the business environment from the perspective of substantive rule of law. Furthermore, the concept of "the law must be implemented" and "the law is reasonable if there is no law" is established, and when the legislative norms lack relevant legal provisions, the policy documents formulated by the government should also give full play to their positive role; In order to further improve the legitimacy of the law, the legitimacy review of the business environment should not be limited to a simple "non-contradiction of rules", but should firmly grasp the "non-contradiction of principles", which actually reflects the connotation of the substantive rule of law.

At the same time, government agencies should explore "extralegal space" according to specific matters and in combination with the development of the business environment itself, promote business policies and regulations to play a real role in the practice of business development, flexibly respond to practical problems in commercial exchanges, and not be the "executors" of the law, but the "guardians" of the high-quality development of the business environment. The main provisions of relevant business policies and regulations should also be carried out with the rights of commercial entities as the core content, and it should avoid simply setting relevant obligations to increase the burden on commercial entities such as companies and enterprises, but should scientifically and flexibly set rights and concretize relevant obligations, maintain a relatively stable and rational relationship between rights and obligations, and then stabilize the "dynamic balance relationship" between rights and obligations. Exploring "new rights" beyond those already created by law. As long as the exploration of business policies and regulations conforms to the concept of the rule of law and fairness, the reasonable space should also be recognized as valid. In the context of the increasingly complex relationship between supply and demand and the optimization and upgrading of the industrial structure, market players must also give full play to their flexibility under the framework of the rule of law, innovate the way the market operates, and contribute to the high-quality development of the economy.

(3) Organizational level: fully optimize the organizational structure of market supervision

First, improve the regulatory system and standardize the process. Market regulators should clarify their regulatory responsibilities, regulatory procedures, regulatory standards and other relevant content to ensure the standardization of their duties. At the same time, it is also necessary to establish a sound feedback mechanism for market supervision, collect and feedback market supervision information in a timely manner, and improve the efficiency and quality of market supervision. Functional agencies should also standardize the investigation and handling of illegal acts of enterprises to ensure the fairness and uniformity of supervision work. Improve mechanisms for spot checks, supervision, and evaluations of fair competition review work, give full play to the overall coordination role of the Joint Conference on Fair Competition Review, establish and improve mechanisms for responding to complaints and handling of fair competition reviews for all types of market entities, and promptly disclose the results to the public.

Second, promote the construction of regulatory coordination mechanisms and "re-supervision". Market regulators shall establish coordination mechanisms to strengthen information sharing and overall planning, and avoid overlapping and contradictory content among regulators, so as to ensure the integrity and coordination of regulatory work. For example, there should be full coordination and communication between government departments, and supervision should be included in the overall planning of government work, especially for higher-level agencies, so as to give full play to their overall role. In addition, the government should also strengthen the management of "re-supervision" of regulators to ensure that the work of regulators is standardized and efficient. Further promote the administration of market regulators in accordance with the law. Fully implement the principle of "nothing can be done without authorization from the law", exercise public power in accordance with the law, and further improve and implement the system of lists of rights and responsibilities, and resolutely correct phenomena such as inaction and disorderly action. In short, promoting the construction of regulatory coordination mechanism and "re-supervision" is a key measure to enhance regulatory efficiency and improve the business environment. By strengthening intergovernmental coordination and communication, we will strengthen the standardized management and administration according to law within the regulatory agencies, so as to better maintain market order, promote economic development, and create a more stable and fair business environment for commercial entities.

Third, the introduction of market-oriented supervision and public opinion supervision mechanism. In addition to government regulators, market-oriented regulatory mechanisms, such as third-party regulators and self-regulatory organizations, can also be introduced to strengthen the supervision and restraint of commercial entities, promote the integrity of enterprises, and maintain fair competition in the market. This is precisely the embodiment of the "limited government concept" in market-oriented supervision, that is, it requires a clear reasonable boundary between the government and the market, and on the premise of affirming the decisive role of the market, the government can only play its functional role when the market cannot solve practical problems, and when the market can solve it, the market will regulate and control itself. These market-oriented regulatory mechanisms can be achieved through the establishment of industry associations, chambers of commerce and other organizations, and further through self-discipline norms and industry standards to restrain enterprise behavior, so as to promote the integrity of enterprises and fair competition in the market. Second, while market-oriented supervision, the public opinion supervision mechanism also plays an important role. The supervision of public opinion can reveal problems and reflect social voices in a timely manner, and can promote the fairness and transparency of government administrative work. Government departments shall actively listen to the public's opinions, strengthen communication and interaction with the media, promptly investigate and verify illegal administrative issues, and make dispositions and feedback in accordance with law. At the same time, we will establish a relevant accountability mechanism to seriously deal with the inaction and indiscriminate actions of regulatory agencies, so as to ensure the credibility of government work. In this way, we will further enhance the transparency and credibility of the government's work and enhance the people's confidence and support for the government's work.

epilogue

The rule of law in the business environment is an institutional arrangement related to the "two cores" of the government and commercial entities, and the government must act prudently when intervening in the market, which is the key to high-quality economic development. For the government, the rule of law in the business environment is not only an expansion of functional connotation, but also a profound internal self-transformation. By establishing a well-regulated legal system, the government can address the shortcomings in its work, thereby further promoting the optimization and improvement of the business environment. Therefore, accelerating the construction of a new development pattern with the domestic cycle as the main body and the domestic and international dual cycles reinforcing each other must be included in the agenda, and the business environment under the rule of law should be improved in a targeted manner according to the needs of economic development, so as to build a "clean" and "pro" harmonious political and business relationship.

Zhang Kai and Su Qiuhui|Research on the optimization path of the business environment under the rule of law

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