The origin of market supervision
Market supervision comes from the market. Without the market, there would be no market supervision. The evolution process of the emergence and development of China market is actually the process of the emergence and development of China market supervision. Market, the original prototype is "city", appeared in the Zhou Dynasty, and the court set up Jia's to manage prices; With the development and expansion of the market, the official in charge of the market-"Shi Ling" was established in the Han Dynasty, and an assistant "Shi Cheng" was set up to manage the commercial activities in the market and maintain the trading order. During the semi-feudal and semi-colonial period, the Qing Dynasty established the Ministry of Commerce, which was responsible for the unified management of attracting investment and industrial and commercial affairs. During the Agrarian Revolution, administrative departments for industry and commerce were established in the Central Soviet Area and other base areas. After the founding of New China, the Central Bureau of Private Enterprises and the Central Bureau of Foreign-funded Enterprises merged to form the Central Administration for Industry and Commerce. With the completion of socialist transformation, under the highly centralized national planned economy system, people's demand mainly depends on planned supply, free trading behavior almost does not exist, the market no longer exists, and the market supervision space is greatly reduced until the industrial and commercial administration system is abolished; After the Third Plenary Session of the Eleventh Central Committee, the administrative department for industry and commerce became the first institution directly under the State Council to resume its organizational system.
With the sustained and rapid development of China's socialist market economy, the decisive position of the market in resource allocation has become increasingly prominent, the role of market supervision has become more and more important, and the market supervision mechanism system has been continuously improved. Therefore, in every round of government institutional reform, the market supervision department always bears the brunt: in the institutional reform from 65438 to 0994, the State Council identified the State Administration for Industry and Commerce as the functional department in charge of market supervision and management and administrative law enforcement in the State Council. Undertake the important responsibility of supervising the socialist unified market and maintaining the market order according to law, realize the transformation of industrial and commercial administration from focusing on supervising bazaars and industrial products markets to supervising various markets, from focusing on investigating speculation to standardizing market transactions and protecting fair competition according to law, from focusing on administrative intervention in microeconomic activities to macro-supervision by comprehensively applying laws, regulations and administrative means; 1998 during the institutional reform, the state administration for industry and commerce made great efforts to strengthen market supervision, further strengthen its anti-unfair competition and anti-monopoly duties, and protect the legitimate rights and interests of consumers. The Third Plenary Session of the 18th CPC Central Committee emphasized the need to "reform the market supervision system and implement unified market supervision", with more comprehensive market supervision functions, clearer boundaries and more important status. After the 19th National Congress of the Communist Party of China, the Ministry system was implemented, and a unified market supervision department was set up from the central government to the local government, establishing a pattern of big market, big supervision and big governance. It can be seen that the market supervision department is born with the market, has the same frequency with the reform and resonates with the development, and has witnessed the historical process of market prosperity, price liberalization, rule of law, fair competition, quality power, brand rise, solid standards, fine measurement, unified certification, consumer safety, credit constraints and social co-governance. With the further improvement of China's socialist market economic system, the role of the market in determining the allocation of resources will be more fully played, and market supervision will only be strengthened, not weakened.
Market supervision cultivates and regulates the market. Market is the starting point of market supervision and the source of its charm. Due to scientific market supervision, the vitality of China market is stimulated, and then it develops more healthily and orderly. 20 18, 16 On March 6, China's market players broke through1100,000 households. According to the 2020 Business Environment Report released by the World Bank, China ranks 3 1. The market supervision department revolutionized itself, constantly improved the level of supervision, broadened the scope of supervision and improved the supervision mechanism, and realized the butterfly change from mainly supervising the tangible market to supervising the unified socialist market.
Everything belongs to the market and everything is for the market. This is the origin of market supervision in China, and it is also the initial heart and mission of all market supervisors.
Basic characteristics of market supervision
Market supervision is limited administrative supervision. First, basically speaking, modern government is a limited government. As an important part of government functions, market supervision and limited supervision are the meanings of the title. Especially since the separation of market administration, this feature has become more obvious and prominent, indicating that the division of functions of market supervision departments is more professional and refined. Second, from the basic composition, market supervision is not only the main responsibility of the market supervision department, but also involves at least 16 government functional departments such as development and reform, education and public security. Third, from the perspective of the market supervision department, the responsibility of market supervision is also limited, mainly to supervise and enforce some market transactions and market competition behaviors only according to the authorization of existing special laws and regulations. Of course, compared with other administrative supervision departments, although the supervision objects and behaviors of market supervision departments are more diverse, they are still limited by the clear provisions of existing laws and regulations and the responsibilities listed in the approved "three-set" plan.
Market supervision is administrative supervision according to law. First, it was established according to law. According to the Decision of the Central Committee of the Communist Party of China on Deepening the Reform of Party and State Institutions, the Plan for Deepening the Reform of Party and State Institutions and the Plan for the Reform of the State Council Institutions approved by the First Session of the 13th National People's Congress, the State Administration of Market Supervision was established. Responsible for the implementation of the Party Central Committee's principles, policies and decision-making arrangements on market supervision, and it is directly affiliated to the State Council. The second is to act according to law. China's current laws, regulations and departmental rules give the market supervision department the function of market access and standardizing market trading behavior. The Administrative Punishment Law and other laws and regulations also require that all market supervision activities must be carried out within the framework of existing national laws and regulations. The third is to govern according to law. In practice, the market supervision department insists on carrying out supervision and law enforcement under the guidance of the rule of law, and adheres to the principles of clear facts, conclusive evidence, correct application basis, legal procedures and proper handling, which better reflects the effectiveness of modern government public management.
Market supervision is a dynamic administrative supervision. First, it is reflected in the unity of the principle of legal provisions and the flexibility of supervision and law enforcement. In practice, the market changes rapidly, the subjects are different, the behaviors are complex and diverse, the regions have their own characteristics, and the laws and regulations are relatively stable. Market supervision departments at all levels administer according to law, insist on proceeding from reality, and realize the unity of the width, intensity and thickness of market supervision. Second, it is reflected in the unity of legal effect and social effect. According to economic violations and specific conditions, on the one hand, we should start with supervision, persist in attacking big traitors with heavy punches, and rigidly punish serious violations; On the other hand, from the perspective of development, we should adhere to the principle of prudence and implement inclusive and prudent supervision over minor violations, especially those with insufficient legal basis and unclear departmental functional boundaries. The third is the unity of practicality and standardization. Insist on innovation, actively explore the new economy, new formats and new problems, use the rule of law thinking and methods to solve the bottleneck of supervision and law enforcement that needs to be solved but cannot be relied upon, sum up and improve from the bottom up, and transform grassroots model innovation and mechanism exploration into systematic institutional practice, and some rise to national laws and regulations.
Value orientation of market supervision in the new period
Rule of law. The rule of law is the key link in the modernization of state governance. Administrative organs are one of the departments that have the greatest impact on economic and social development and have the closest relationship with citizens. Administration according to law is the lifeline of market supervision departments. Strengthening the rule of law and adhering to administration according to law is undoubtedly a fundamental, overall, systematic and long-term work of the market supervision department. First, abide by the modern principle of rule of law that laws must be observed, law enforcement must be strict, and offenders must be prosecuted, and consciously practice the modern spirit of rule of law that "statutory duties must be fulfilled"; Second, uphold the modern spirit of the rule of law that "the law cannot be done without authorization", have legal authority, establish and improve the procedural power standard mechanism, adhere to both procedural justice and substantive justice, and realize administration and supervision according to law; Third, follow the spirit of "freedom without prohibition", adhere to the unity of being responsible for the law and the market subject, consciously take the freedom of the market subject as the starting point of market supervision, carry out commercial system reform from top to bottom, continuously optimize the business environment, let more natural persons become the market subject, and realize the unity of market supervision and service development; Fourth, improve the post-event supervision mechanism based on "double randomness and one openness" without affecting the normal business activities of enterprises in any name, and realize the institutionalization, standardization and proceduralization of daily supervision and law enforcement.
Justice. Implementing fair supervision and ensuring fair competition is the proper meaning of building a unified, open and orderly market order, which is the basic follow-up of market supervision in the new period and must be reflected in the whole process and all aspects of market supervision. The fairness of market supervision is mainly reflected in the following aspects. First, market participants have equal opportunities: all market participants are not discriminated against in terms of access; Daily business activities are carried out independently, "the law can be done without prohibition"; Law enforcement inspection follows the principle of "double randomness and one openness" and accepts supervision on an equal footing; Those who violate the law will be prosecuted, and the treatment will be measured by a ruler. Second, the regulatory rules are open and transparent, the process of supervision and law enforcement is open according to law, and the results of inspection and punishment are open according to law. The third is to realize credit supervision, build a new supervision mechanism based on credit and connecting the whole supervision link before and after the event, accurately grasp the overall credit status of market entities, conduct targeted management of key commercial entities such as food and medicine throughout their life cycle, and realize the supervision expectation of "one place is broken and everywhere is limited" as soon as possible.
Safe. "Strictly observing the bottom line of safety" is one of the five functions that the General Administration of Market Supervision explicitly requires to be changed in the "three-set plan". Safety supervision has become the most distinctive feature of market supervision departments in the new period. This is reflected in: first, adhere to the concept of paying equal attention to production and operation, and realize the sharing of safety supervision and industrial development; Second, adhere to comprehensive policies in methods to realize the whole process management of the whole chain; Third, stick to the link and pay more attention to risk assessment, risk management and risk communication; Fourth, adhere to social co-governance in strength and realize the transformation from "a few people govern the majority" to "the majority focuses on the minority". In practice, in accordance with the general requirements of "the strictest standards, the strictest supervision, the most severe punishment and the most serious accountability", we should strengthen the supervision of food safety, the quality and safety of industrial products and the safety of special equipment in accordance with the law, strengthen on-site inspections, severely punish violations of laws and regulations, effectively prevent systemic risks, and truly let the people buy, use and eat with confidence.
The whole. The functions and responsibilities of the newly established market supervision department are more concentrated, which requires building a modern governance system of market supervision from the perspective of win-win cooperation and mutual empowerment, improving modern governance capabilities, striving to shift the fragmented supervision of industries, links and products to overall governance, systematic rectification and comprehensive arrangement, and paying more attention to the improvement of market supervision efficiency and the consistency and coherence of law enforcement means. First, adhere to the whole life cycle of subject supervision, covering the whole process from market subject access to exit; Second, adhere to the whole chain of product supervision, covering the whole process of food and drug production, circulation and consumption; Third, adhere to the whole process of behavior supervision, covering all aspects of market access, production and operation, and trading; Fourth, adhere to all-round supervision methods, which should not only reflect the rigidity of administrative punishment, but also reflect the simplicity and efficiency of administrative guidance; Fifth, adhere to the full coverage of credit supervision, run through the whole life cycle of market participants, and connect the supervision links of good deeds before, during and after the event; Sixth, adhere to the overall improvement of supervision quality, take the political construction bureau as the guide, and make overall plans to promote the overall improvement of political quality and professional quality of law enforcement cadres; Seventh, adhere to the wisdom of means supervision, consciously apply modern technology to the practice of supervision and law enforcement, and take the lead in realizing the digital transformation of market supervision.
Clear and upright. Only the norms of law enforcement subjects have the norms of market subjects, and only the norms of market subjects have the norms of market order. Loyalty and clean responsibility is the inevitable connotation of high-quality professional market supervision cadres in the new period. Loyalty means absolute loyalty to the Party politically, maintaining a high degree of consistency with the CPC Central Committee in political stance, political direction, political principles and political road, and taking a firm and reliable stance, which is the background color of market supervision cadres in the new era; Cleanliness means keeping one's thoughts, behaviors, innocence, integrity, self-esteem and backbone at all times. These are the characteristics of market supervision cadres in the new era. Taking responsibility refers to taking responsibility and making a difference in an emergency. Knowing how to bear the burden and overcome difficulties is the excellent moral character of market regulators, the fine tradition of market regulators, and the true nature of market regulators in the new era.