Domestically produced goods, selling 6 yuan abroad, but domestic sales of 30 yuan; new energy vehicles are difficult to promote, drug bidding procurement tends to local enterprises; 80% of used cars can only enter the provinces and cities market in violation of regulations ... behind these appearances, is seriously hindered The domestic trade formed by the national unified big market is sinking: local blockade, departmental division, industry monopoly...
The "Commodity Circulation Law" (draft) (hereinafter referred to as the "Draft"), which aims to defend the fair and unify the big market, has recently completed the consultation process for the society. This regulation, which is expected by the market, will become an important guarantee for breaking the regional division, reducing the circulation cost, standardizing the layout of commercial outlets, and making the circulation of goods more free and smooth.
However, the reporter of China Business News noted that under the background of the "legislation necessity", experts have concerns about the future execution of the "market" of this big market. There are also public opinion that this kind of controversy itself is the game performance of the market-building "builder" at a higher level.
24 and 68 days of "rule barriers"
"Different market access for foreign companies and local enterprises, cross-regional independent registration and taxation difficulties, the development of local products and services, and the inability to recognize each other's inspection results are prominent issues in the current circulation field." Dr. Song Siyuan of the Institute said in an interview with the reporter.
For example, she said that in recent years, due to environmental pressures, 90% of prefecture-level cities across the country have set strict restrictions on the movement of foreign cars, and adopted “double standards†for used cars in local and foreign areas. Vehicles that do not meet the national and national emission standards of the country can still be circulated. This has led to the obstruction of the normal market circulation of used cars of the National Three and even the National Four, forcing more than 80% of used cars to enter the markets of other provinces and cities only by illegally moving out.
As a market entity, enterprises in the cross-regional registration, there are many procedures to be handled, administrative approval is difficult, and the media has been exposed for many years. This is precisely the weapon to achieve blockade in the local area, that is, using many links in the cumbersome procedure to limit.
“Taking chain stores as an example, every store in China needs to be opened for each store: pre-approval of store name, business license, official seal of the store, organization code certificate, store tax registration, plaque setup approval, store fire protection Design review, fire project acceptance, pre-opening safety inspection, declaration of environmental registration, environmental inspection, application for environmental approval, application for food circulation permit, on-site inspection of food circulation, issuance of food circulation permit, application for health food license, health care Food on-site inspection, nuclear health food license, alcohol circulation filing, business license addition, newspaper business license, environmental protection acceptance, cigarette license, food on-site production and sales, a total of 24 approval procedures. involving the Industrial and Commercial Bureau, the Public Security Bureau, quality Technical supervision bureau, tax bureau, city committee, fire brigade, environmental protection bureau, drug supervision bureau, commercial bureau, tobacco bureau, cultural bureau and other departments, the minimum number of cross-approval days is also 68 days. In addition, various certification materials , application forms, originals, etc., all of which have different requirements and different conditions. It is difficult to grasp the industry, and the submitted applications often do not meet the requirements, and can only be revised and submitted repeatedly. What is more serious is that some competent authorities will also issue a certificate to the filing company after the formalities are completed.†Song Siyuan mentioned.
Not only that, the quality requirements for fresh, grain, oil and food products vary from place to place, and some inspection and quarantine certificates issued for circulation products are only valid in the local area. Products frequently encounter repeated inspections during the circulation process, which increases the cost of circulation, and cannot achieve cross-regional circulation.
Zhao Ping, deputy director of the Institute of Consumer Economics of the Ministry of Commerce of the Ministry of Commerce, pointed out that the local government has banned the implementation of regional blockades in the field of commodity circulation and made a regional blockade Clearly defined. Relevant documents on the implementation of regional division behavior may be criticized by the provincial government and the relevant provisions shall be revoked, and penalties shall be established for the document makers. These laws will have a deterrent effect on local protectionism, effectively stop local blockades and promote the perfection of a unified national market.
Shang Hao, dean of the School of Labor and Management of Beijing Materials College, believes that the draft guarantees consumer safety by stipulating the responsibility of commodity circulation operators. The Consumer Protection Act also deals with the protection of some consumer safety issues, so in the drafting process, we considered setting up accountability. Articles 32 and 38 of the draft respectively stipulate the safety obligations of commodity circulators and the logistics safety obligations of logistics service providers, so as to ensure the safety of consumers in the circulation process.
“The draft requires commodity circulation operators to establish and improve management systems for commodity procurement, storage, transportation, sales, payment, settlement, traceability, emergency and related services to prevent risks and ensure the safety of commodity circulation. Logistics service providers are in business activities. State and industry logistics standards and norms should be implemented, management measures should be implemented in accordance with the law to prevent the occurrence of risks in the logistics process such as transportation and warehousing, and reasonable logistics methods should be arranged according to the physical and chemical properties of the goods.†Shang Yu further explained.
Although the draft provides for the resolution of regional divisions and the unreasonable layout of commercial outlets, the elimination of regional blockades and industry monopolies still faces resistance from vested interests of all parties.
"As the central government's attention to local protectionism and anti-monopoly has increased, the means of protection of local governments have been transformed from rude law enforcement interventions and rigid regulations to implicit means. The scope of protection has also expanded from protecting commodities to factor markets. Specific to the eight monopoly industries with significant administrative monopoly, the natural monopoly industries such as electricity, telecommunications, railways and public utilities are difficult to enter due to the nature of the industry. The degree of liberalization of civil aviation and military industries, etc., needs to be further explored. "It also gives the post a certain range of franchise, and oil must obey the needs of the national energy strategy. So, to what extent should the industry monopoly be broken, especially in industries that are related to the national economy and the people's livelihood, the scale of the state-owned economy needs to be further considered, and collectively Wisdom to think deeply, it is difficult to do it all at once." Sun Jiyong of the Institute of Consumer Economics of the Ministry of Commerce pointed out.
The implementation resistance of the draft is still relatively large. "Not only that, law enforcement agencies and law enforcement teams still cannot clearly define the rules, but also increase the difficulty of the implementation of the draft." Zhao Ping believes that "in the process of market supervision and enforcement, the Trade and Industry Bureau has its own law enforcement team and The law enforcement authority, the business department is also managing circulation, and how to coordinate the supervision of the two departments involves the reform of departmental functions, which is not solved by this law."
"In addition, the implementation of the draft also needs to look at the judicial interpretation after the introduction of the legislation, through judicial interpretation to define what kind of behavior is local protection behavior, how to punish to truly break the local division." Zhao Ping added.
When talking about the effective implementation of the draft, many experts said that there is still a considerable distance from the final announcement of the draft. In particular, the National People's Congress should consider the legislative and national level, and the department of the draft should not be too heavy. The draft is a principled law, and it is necessary to introduce implementation rules to ensure its effective implementation.
Interestingly, the reporter noted that the “legislative necessity†that has always existed in public opinion comes down to the manifestation of the market barrier “construction party†at a higher level. It is believed that this is the result of the growth and accumulation of “barrier forces†in the past years. This power is the biggest obstacle to the reform of domestic trade.
The phenomenon that the domestic sales price of Chinese-made products is more expensive than that of foreign countries is widely criticized. A woman's commonly used card issuance, which sells 1 US dollar (about 6 yuan), and 30 yuan in China.
When analyzing the reasons for this phenomenon, Zhao Ping pointed out that first, because exports require large-scale procurement, they can enjoy lower discounts. For example, if the market price is 500 yuan, 200 yuan may be sold to others. Second, domestic circulation costs are high, management fees, advertising fees, etc. must be borne, and foreign countries often only need to pay for production costs. Third, the domestic market does not control the circulation channels. Through the agents, the price increases at different levels. This part of the profits is not only earned by the middlemen, but also the risk of the brand owners, which also pushes up the cost. In addition, the differences in production standards among countries have intensified the poor quality of domestic commodity prices and the high quality and low prices of foreign goods.
However, experts said that the draft does not have much effect on this issue and still needs more rules to improve. The reform of the domestic trade sector and the construction of the legal system in the field of commodity circulation have a long way to go.
Related links: Three steps of domestic trade reform It is understood that the central comprehensive deepening reform leading group has handed over the task of reforming the domestic trade circulation system to the Ministry of Commerce. For this reason, the Ministry of Commerce has set up a special working group to reform the internal trade circulation system. Advance from three aspects.
The first is to sort out the lessons learned from the reform of the domestic trade circulation system, learn from the advanced foreign circulation management methods, and build a business environment with a sound rule of law as the main objective, and form a general idea for the reform of the internal trade circulation system.
Second, in accordance with the overall thinking, the State Council drafted a guidance document for the reform of the internal trade circulation system, which was officially released after being submitted to the State Council for review. The reform of the domestic trade circulation system will surpass the limitations of the previous development of the domestic trade itself, emphasizing the basic and leading positioning of the overall trade service economy; and focusing on the subject of circulation, object, carrier and industry management; It will speed up the transformation of government internal trade management functions and improve services.
The third is to carry out pilot reforms of the domestic trade circulation system. Considering the lack of legislation in China's domestic trade, the rule of law and business environment construction is the main line of reform, that is, the central task. The Ministry of Commerce plans to select a number of cities with local legislative power to carry out pilot projects, requiring each pilot city to choose 1 The key changes in the reforms of the two conditions are relatively mature, and the experience of the reforms can be used for reference. The pilot period is generally 1 to 2 years, and difficult reform projects may be extended as appropriate. The key link and ultimate goal of the reform are to basically rationalize the relationship between the government's domestic trade administration and the domestic market, the enterprises that participate in the circulation, and the organizations and service organizations involved in the business, and form the main bodies in the circulation field according to law. Participating in circulation management, unifying the open, competitive and orderly internal trade circulation pattern and the rule of law business environment provide positive energy and new impetus for China's economic transformation and upgrading and people's livelihood improvement.
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