Legal protection for the implementation of w88 casino games policy
Huang Yong
（Source: People’s Political Consultative Conference 2017-01-03 Issue 12）
□Policy background
Since 2015, the Central Committee of the Communist Party of China and the State Council have paid more and more attention to w88 casino games policy and the fair w88 casino games review system, and have put forward clear requirements in a series of high-level documents.
In early 2015, the "Several Opinions of the Central Committee of the Communist Party of China and the State Council on Deepening Institutional and Mechanical Reforms and Accelerating the Implementation of Innovation-Driven Development Strategies" proposed to "strengthen the guidance of w88 casino games policies and industrial policies on innovation" and "explore the implementation of a fair w88 casino games review system." Subsequently, the "Opinions of the State Council on the Key Work of Deepening Economic System Reform in 2015 approved by the National Development and Reform Commission" required "to promote effective coordination of industrial policies and w88 casino games policies" and "to establish and standardize a fairness and competitiveness review mechanism for industrial policies." Immediately afterwards, the "Opinions of the State Council on Several Policies and Measures to Vigorously Promote Mass Entrepreneurship and Innovation" emphasized the need to "accelerate the introduction of a fair w88 casino games review system."
The "Several Opinions of the Central Committee of the Communist Party of China and the State Council on Promoting the Reform of the Price Mechanism" issued in October 2015 pointed out that "gradually establishing the basic status of w88 casino games policy", "accelerating the establishment of a coordination mechanism between w88 casino games policy and industry, investment and other policies", and "implementing a fair w88 casino games review system".
On June 14, 2016, the State Council issued the "Opinions on Establishing a Fair w88 casino games Review System in the Construction of the Market System", which for the first time detailed the importance and urgency of establishing a fair w88 casino games review system, the overall requirements and basic principles of the system, and clearly defined the review objects, methods, standards and exceptions. This marked the long-awaited implementation of the fair w88 casino games review system.
w88 casino games Policy and Industrial Policy
w88 casino games policy is an economic policy implemented by the state to protect and promote market w88 casino games. It mainly involves fair access and fair w88 casino games process. As national policy tools for regulating the economy, industrial policy and w88 casino games policy have obvious differences: industrial policy is often short-term or time-limited, led by the government and mostly uses administrative means; while w88 casino games policy is a long-term mechanism and a market-oriented mechanism that operates in accordance with the laws of the market.
For a long time, our country has always regarded industrial policy as the leading economic policy, while w88 casino games policy has been on the margins and has not received enough attention. At present, the shortcomings of industrial policies are prominent. Not only are their effects on economic development gradually diminishing, but they are also having an increasingly negative impact on the improvement of the competitiveness, transformation and upgrading of our country's industries and enterprises, and the national innovation strategy. In fact, in mature Western market economy countries, w88 casino games policy, as the leading economic policy, ensures that the w88 casino games mechanism plays a role in the market by protecting and promoting market w88 casino games, thereby improving production efficiency and optimizing resource allocation.
Our country has clearly established the basic positioning of w88 casino games policy. The main reasons are:
The priority of w88 casino games policy is the essential requirement of market economy. The relationship between w88 casino games policy and industrial policy is essentially the relationship between the market and the government. Although the modern market economy is very different from the classic market economy that advocates complete free w88 casino games and does not require government intervention, they are still essentially the same, emphasizing that the market is the basis for optimizing resource allocation.
The priority of w88 casino games policy is the prerequisite for industrial policy to effectively function. Only when the market mechanism operates smoothly can market-oriented industrial policy instruments play an effective role. Otherwise, without the guarantee of market mechanisms, all industrial policies will remain nothing more than a copy of traditional economic planning.
The priority of w88 casino games policy will help prevent the failure of government industrial policy intervention. Government failure in the field of industrial policy occurs all the time. Although insisting on the priority of w88 casino games policy cannot completely eliminate the phenomenon of government failure in industrial policy, it can play a relatively important role in solving some of the problems.
Although the focus and mode of action of w88 casino games policy and industrial policy are different, they can be coordinated with each other. The fair w88 casino games review system should be used to ensure that the concept and requirements of fair w88 casino games are incorporated into industrial policy during the formulation and implementation process, reflecting the basic status of w88 casino games policy and accelerating the transformation of industrial policy from selective to inclusive and functional.
For our country, w88 casino games policy also has multiple values and functions.
First, w88 casino games policy can help promote deregulation. The reform of regulated industries has received great attention from the government in recent years.In May 2015, the National Development and Reform Commission's "Opinions on Key Tasks for Deepening the Reform of the Economic System in 2015" approved by the State Council once again called for the advancement of reforms in regulated industries such as taxis, electricity, oil and gas, and the salt industry. With the help of w88 casino games policy, we should clarify the reasonable scope of regulation, distinguish between competitive and non-competitive businesses, and on this basis advocate market w88 casino games and relax market access for traditional regulated industries. This will effectively promote the break of monopoly patterns, promote the optimization and upgrading of industries, and improve the overall welfare of the whole society and consumers.
Secondly, w88 casino games policy helps to eliminate the abuse of administrative power to exclude and restrict w88 casino games. The abuse of administrative power to eliminate and restrict w88 casino games is highlighted by the regional blockade implemented by local governments, which further distorts and eliminates w88 casino games on the basis of economic monopoly, resulting in the best being unable to win, the worst being eliminated, and social resources not being reasonably optimally allocated. In the past, our government and government departments were accustomed to using"Red-headed documents", notices, meeting minutes and other methods are used to eliminate the abuse of administrative power to eliminate and restrict w88 casino games, such as jointly issuing documents by multiple ministries, but the actual effect is not obvious. The Anti-Monopoly Law, which is part of the w88 casino games policy, prohibits the abuse of administrative power to eliminate or restrict w88 casino games. It empowers anti-monopoly law enforcement agencies to investigate, identify violations, publicly expose them, and even recommend that higher-level supervisory agencies punish relevant government officials. It can be used as a legal weapon for the central government to break vicious w88 casino games and reduce economic short-sighted behavior of local governments. It has begun to show results in practice. With the new revision of the Administrative Litigation Law in 2014, the Anti-Monopoly Law will be more powerful in regulating the abuse of administrative power to eliminate and restrict w88 casino games.
The critical path to the implementation of w88 casino games policy——Fair w88 casino games Review System
On June 14, 2016, the State Council issued the "Opinions on Establishing a Fair w88 casino games Review System in the Construction of the Market System" (Guofa [2016] No. 34, hereinafter referred to as the "Opinions"), which was officially implemented on July 1, 2016. This is a key step for my country to establish the fundamental status of w88 casino games policy. The "Opinions" established the overall requirements and basic principles of "respecting the market and giving priority to w88 casino games", "based on the overall situation and overall consideration", "scientific planning and step-by-step implementation" and "review in accordance with the law and strengthening supervision", and clarified the direction for the advancement of the fair w88 casino games review system.
The "Opinions" divide the review objects into two major categories. The first category is the rules, normative documents and other policies and measures formulated by administrative agencies and organizations with the function of managing public affairs authorized by laws and regulations (hereinafter collectively referred to as policy-making agencies) involving market access, industrial development, investment promotion, bidding, government procurement, business conduct norms, qualification standards and other related to the economic activities of market entities; the second category is administrative regulations and other policies and measures and local regulations formulated by the State Council. Generally speaking, the review objects cover administrative regulations, local regulations, rules, normative documents and policy measures that exclude or restrict w88 casino games.
According to the review methods listed in the "Opinions", after the policy-making agency conducts self-review against the review standards during the policy formulation process, two results will occur. First, if it is determined after review that it does not have the effect of excluding or restricting w88 casino games, it can be implemented; second, if it has the effect of excluding or restricting w88 casino games, it should not be promulgated, or it should be adjusted to meet relevant requirements before being promulgated. At the same time, it cannot come forward without a fair w88 casino games review.
The establishment of a fair w88 casino games review system is the key to realizing the modernization of national economic governance. The reason is that the handling of the relationship between the government and the market is the core issue in deepening the reform of the economic system in our country. inUnder the new normal of "economic marketization, international competition and legalization of government intervention", the establishment of a fair competition review mechanism provides a new path to better solve this problem. It regulates government behavior from the dimension of "rationality of the impact of competition" and promotes the rule of law; it aligns with new trends in international economic and w88 rules by limiting government functions to "establishing an institutional environment for free and fair competition for all enterprises"; it maximizes the role of the competition mechanism by eliminating competition damage and promotes economic development and innovation.
Suggestion: Speed up the formulation of relevant legal rules to ensure the implementation of w88 casino games policies
At the level of w88 casino games policy, it is necessary to ensure the implementation of w88 casino games policy by attaching importance to the protection of private rights, assisting the reform of monopoly industries, increasing administrative monopoly law enforcement, respecting the laws of market economy, and accelerating the legislative implementation of the fair w88 casino games review system.
First, attach importance to the protection of property rights and private rights and promote economic development. Paying attention to the protection of private rights is an important law for the development of market economy. This also includes the protection of innovation——If there is no protection of private rights, what is the motivation for innovation? Privacy protection can address such concerns. Another example is the issue of intellectual property rights. If intellectual property rights are developed and created, they can easily be stolen and used improperly by others, and the compensation cannot make up for the losses of the intellectual property owners. In this way, the incentive mechanism and protection mechanism of intellectual property rights cannot truly exist. In addition, it also includes relevant rules formulated by the current Civil Code, which are important measures for the protection of property rights.
Second, support the reform of monopoly industries and introduce w88 casino games mechanisms. The Anti-Monopoly Law has been implemented for more than eight years and has entered the stage of normalized enforcement. It is necessary to investigate and deal with cases to promote the introduction of w88 casino games mechanisms in monopolistic industries. For example, in the telecommunications cases that were previously enforced by the National Development and Reform Commission, although the outcome of the cases has not yet been determined, the intervention, investigation and evaluation of legal persons have affected the traditional monopoly industry and made corresponding rectifications. This is a normalized law enforcement case, which includes both state-owned enterprises and all types of such enterprises.
Third, increase administrative monopoly law enforcement and promote w88 casino games policy. In the first six years after the Anti-Monopoly Law was enacted, it was rare for administrative agencies to investigate and deal with suspected monopoly cases in public. However, it can be seen that after six years of law enforcement, the National Development and Reform Commission and the State Administration for Industry and Commerce have begun to vigorously intervene in the administrative monopoly law enforcement of various localities and departments. The spirit of the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China, including the assessment of government legal performance, supports the regulation of administrative monopolies. At this time, law enforcement should be said to have the effect of advancing w88 casino games policy.
Fourth, respect the laws of the market and maintain the market mechanism. When it comes to the economic downturn and supply-side structural reform, administrative methods must be used to solve the problems“Three reductions, one reduction and one supplementation”, or should we focus on using market rules to achieve it? The corresponding choice of w88 casino games policy is to maintain the market mechanism and allow the market to play a decisive role in resource allocation.
Fifth, speed up legislation and implement a fair w88 casino games review mechanism. Start drafting the implementation rules of the Anti-Monopoly Law as soon as possible, which include the content of the fair w88 casino games review system. Define the scope of review, legal procedures and implementation of legal responsibilities through legislative procedures. The market economy is an economy governed by law, not a power economy; it is a rule-based economy, not an economy governed by people. Therefore, it is necessary to rely on the power of law to effectively ensure the implementation and implementation of w88 casino games policies.
(The author is deputy director of the Central Legal Committee of the China Democratic National Construction Association, director of the Legal Affairs Committee of the Beijing Municipal Committee of China Democratic National Construction Association, director and professor of the Competition Law Center of the w88 casino)
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