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The 'Shandong Plan' provides legal guarantees for promoting high-quality development

The "Regulations on Promoting the Conversion of New and Old Driving Forces in Shandong Province" closely revolves around the goal of "taking the lead and comprehensively creating" and the deployment and arrangement of the province's eight major development strategies, fully exerting the role of legislation in leading, promoting, regulating, and guaranteeing, providing a "Shandong Plan" for promoting high-quality development, and providing legal guarantees for the conversion of new and old driving forces in the province

Recently, the Standing Committee of the 13th Shandong Provincial People's Congress held a press conference to introduce the legislative process, legislative principles, and main institutional innovations of the "Regulations on Promoting the Conversion of New and Old Driving Forces in Shandong Province" (hereinafter referred to as the "Regulations"). On July 26th, the "Regulations" were reviewed and passed at the 13th meeting of the Standing Committee of the 13th Shandong Provincial People's Congress.

As a pioneering legislation that guides and promotes reform, the Regulation is the first local regulation in China that focuses on the transformation of old and new driving forces and promotes high-quality development.

The Regulation will come into effect on October 1st.

After four rounds of deliberation and approval

Since the seventh meeting of the Standing Committee of the 13th Provincial People's Congress in November last year, the draft regulation has undergone four rounds of deliberation and approval, setting a record for the highest number of legislative reviews in Shandong Province

Shi Xiao, Deputy Director of the Legal Work Committee of the Standing Committee of the Shandong Provincial People's Congress, introduced that due to the wide-ranging and innovative nature of the legislative work involved in the transformation of old and new driving forces, the Standing Committee of the Provincial People's Congress adheres to scientific, democratic, and lawful legislation, fully plays the leading role of legislation, innovates working mechanisms, and ensures the smooth progress of legislative work.

During the legislative process, the Legislative Affairs Commission of the Standing Committee of the Shandong Provincial People's Congress, in conjunction with the Provincial Department of Justice and the Provincial Development and Reform Commission, repeatedly discussed and revised the draft regulations, resulting in dozens of revisions. The draft regulations were reduced from 8 chapters and 72 articles during the initial review by the Standing Committee to 30 articles without chapters when passed, making the system structure more optimized, standardized content more precise, and institutional innovation more prominent.

In order to further improve the quality and effectiveness of legislation, identify the bottlenecks, pain points, and difficulties in promoting the transformation of old and new driving forces, and provide effective institutional supply, the Legislative Affairs Commission of the Standing Committee of the Shandong Provincial People's Congress insists on opening the door for legislation and has launched a series of research and demonstration "combination punches". There are three main methods:

Actively respond to the concerns of enterprises and grassroots people, and accurately grasp legislative needs. Publish the full text of the draft regulation on the Shandong People's Congress portal, solicit opinions from the society, and distribute it to the Standing Committee of the People's Congress of 16 cities, some national and provincial People's Congress deputies, and legislative contact points for soliciting opinions and suggestions; Through on-site research, listen to the opinions of relevant government departments, enterprises, and grassroots people.

Utilize external intelligence to fully leverage the role of think tanks. Organize relevant legal scholars and economists to conduct multiple research and argumentation on important institutional design and controversial issues. In mid February, a legislative seminar was held in Beijing, where legal experts from the Special Committee of the National People's Congress, the Development Research Center of the State Council, Tsinghua University, Renmin University of China, and the Law Institute of the Chinese Academy of Social Sciences provided opinions and suggestions on the amendment of the regulations.

Strive for multi-faceted support to ensure that all regulations comply with the national and provincial reform direction. In the process of formulating the Regulation, opinions were solicited from the Legislative Affairs Commission of the Standing Committee of the National People's Congress, the National Development and Reform Commission, and the Ministry of Science and Technology. It was submitted to the Second Plenary Session of the Provincial Committee for Comprehensive Rule of Law in the Province for review, and was also submitted to the Standing Committee of the Provincial Committee, Vice Governors, and relevant leaders of 16 cities for soliciting opinions. The Regulation was also revised and improved.

Establishing the Law for High Quality Development

Shi Xiao said that during General Secretary Xi Jinping's inspection of Shandong, he demanded that Shandong "change the cage and the bird, and the phoenix will emerge from the ashes", striving to find a path of high-quality development. As a foundational legislation, the Regulation adheres to three principles.

One is to fully implement the decisions and arrangements of the central government and the work arrangements of the provincial party committee, and establish the law of high-quality development. The Regulation comprehensively implements the central government's decision-making and deployment on high-quality development, integrates the spirit of the Central Economic Work Conference, foreign investment legislation, deepening the reform of "streamlining administration, delegating powers, and improving services", and incentivizing cadres to take on responsibilities as policy systems into the regulations, effectively linking the policies and measures introduced by Shandong Province to support the development of the private economy and optimize the business environment, and enhancing the effectiveness and foresight of legislation.

The second is to construct systems from a reform perspective and establish laws for innovation and entrepreneurship. According to the requirement of "major reforms must be based on the law", local legislation should play a leading and promoting role. The Regulation has made detailed provisions in conjunction with the reform of state-owned enterprises, the reform of "streamlining administration, delegating powers, and improving services", and the reform of the assessment and evaluation system. At the same time, some systems are only provided with principled and general regulations, which provide direction and space for further deepening reforms.

Thirdly, we must adhere to a problem oriented approach, liberate our minds, and establish effective and practical methods. At present, the transformation of old and new driving forces in Shandong Province has taken full effect, and the "four new" economy has grown significantly. Policy measures to support high-quality development are accelerating their effectiveness, but there are still some areas and places where policy transmission lags behind, and there are still deep-seated institutional constraints.

During the revision process of the Regulations, the original institutional design was adjusted and improved according to the time and situation, adopting the form of 'point and hole' and 'writing several articles' to legislate and solve problems through legislation, in order to ensure the effectiveness of the implementation of the regulations, "said Shi Xiao.

Guided by the new development concept

Shi Xiao said that in view of the fact that Shandong Province's industrial and energy consumption structure is biased, and the province's energy indicators are tight, the Regulations are guided by the new development concept, and in accordance with the kinetic energy conversion idea of optimizing the allocation of stock resources and expanding high-quality increments. Institutional arrangements have been made for improving the efficiency of factor resource allocation.

"In order to transform the old and new kinetic energy in an orderly manner, it is necessary to promote the" transformation and upgrading of traditional kinetic energy "and the" cultivation and growth of new kinetic energy "in a coordinated manner and complement each other's advantages. The Regulations stipulate specific measures for industrial transformation and development, including clarifying the new generation of information technology, high-end equipment, new energy and new materials, modern oceans, medical care and health, high-end chemicals, modern and efficient agriculture, cultural creativity, boutique tourism, and modern financial services." Top Ten "industries, and effectively connect Shandong Province's work deployment on establishing a" superior industrial cluster artificial intelligence "promotion mechanism, identifies the industrial cluster provincial and municipal co-ordination, dislocation development model." Shi Xiao said.

The reporter noted that in order to stimulate the vitality of market entities and promote the healthy development of enterprises, the "Regulations" detailed the reform measures of state-owned assets and state-owned enterprises. The regulations establish the "management system of negative list of state-owned capital investment, list of regulatory powers and list of responsibilities", and perform regulatory powers and responsibilities on matters listed in the list. In principle, matters not listed in the list are decided by enterprises independently, reflecting the requirements for the reform of the state-owned assets supervision system based on capital management. At the same time, it stipulates that the reform of mixed ownership of state-owned enterprises should be promoted, except for enterprises controlled by state-owned capital, other enterprises may determine the proportion of state-owned equity according to the actual situation and allow non-state-owned capital to hold shares.

The "Regulations" clearly build a new type of pro-Qing political-business relationship, stipulate that "the implementation of a negative list system for market access", and that in the process of government bidding, government procurement, and state-owned property rights transactions, it is not allowed to "set conditions that restrict and exclude private enterprises", and resolutely Break unreasonable thresholds and restrictions, break "rolling doors, glass doors, and revolving doors"; at the same time regulate relevant government behaviors, and review industrial and investment policies, provisions for a "fair competition review system" to prevent the introduction of policies and measures to exclude and restrict competition. The regulations also provide for the establishment and improvement of financing risk compensation mechanism for private enterprises to provide long-term and stable legal guarantee for the development of private economy.

"Innovation is the first driving force for development." The "Regulations" address the current problems of "unicorn" and "gazelle" enterprises in Shandong Province, insufficient incentives for the transformation of scientific and technological achievements, and low integration of production and education., Innovation investment and system reform and other aspects make regulations to implement innovation-driven, and enhance the power to transform new and old kinetic energy.

The rule of law is the best business environment. In order to do a good job in the "top-level design" of the business environment with legal equality, policy consistency and service optimization, and create lasting attractiveness and competitiveness, the regulations clearly stipulate that in order to create an efficient and convenient government environment, the reform measures of "release, management and service" will be upgraded to legal norms; in order to create a fair and just legal environment, protect the right to equal competition in accordance with the law; in order to improve the efficiency of government services, strengthen the construction of service platform. For example, the "Regulations" stipulate that it is necessary to improve the judicial information disclosure mechanism and prudently regulate the use of criminal methods. In order to enhance the confidence and expectations of enterprises and strengthen the construction of government integrity, the "Regulations" stipulate that people's governments at all levels and relevant departments should "fully perform contracts and policy commitments concluded in accordance with the law".

The reporter found that in order to create a political ecology that supports reform, encourages innovation, and is upright, the Regulations also make incentive and guiding provisions in accordance with the authority of local legislation, such as stipulating the establishment of a regional differentiated supervision and assessment system and improving national staff. Staff incentive mechanism, establish and improve fault-tolerant exemption mechanism, improve clarification and protection mechanism, encourage bold exploration, and try first.


Information source: Dazhong Net

Editor He Yang of this website/Organizing

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