Xinhua News Agency: Opinions of the Central Committee of the Communist Party of China and the State Council on Promoting the Development and Growth of the Private Economy
Opinions of the Central Committee of the Communist Party of China and the State Council on Promoting the Development and Growth of the Private Economy
(July 14, 2023)
The private economy is a new force to promote Chinese-style modernization, an important foundation for high-quality development, and an important force to promote my country to build a modern socialist power in an all-round way and achieve the second centenary goal. In order to promote the development and growth of the private economy, the following opinions are put forward.
1、 Overall requirements
2. Continuously Optimize the Development Environment of Private Economy
We will build a high-level socialist market economic system, continuously optimize a stable, fair, transparent and predictable development environment, and fully stimulate the vitality of the private economy.
(I) continue to break down market access barriers.All regions and departments shall not set or disguise access barriers in the form of filing, registration, annual inspection, identification, certification, designation, or requiring the establishment of branches. Clean up and standardize the pre-conditions and examination and approval standards for administrative examination and approval, licensing, filing and other government service items, and shall not turn government service items into intermediary service items. Without legal and regulatory basis, enterprises shall not be required to conduct self-inspection, inspection, certification, appraisal, notarization or provide certificates before government service. Steadily carry out market access effectiveness assessment, establish market access barrier complaints and handling response mechanisms, and improve the typical case collection and notification system.
(II) fully implement the fair competition policy system.Strengthen the basic position of competition policy, improve the fair competition system framework and policy implementation mechanism, and insist on treating enterprises of all types of ownership equally and equally. Strengthen anti-monopoly law enforcement to stop the abuse of administrative power to exclude and restrict competition. No franchise shall be granted to operators without fair competition, and no restrictions shall be placed on the operation, purchase or use of goods and services provided by specific operators. Regularly introduce a negative list of market interventions, and promptly clean up and abolish policies that hinder a unified market and fair competition, such as local protection, market segmentation and designated transactions. Optimize and improve the implementation of industrial policies, establish a list of preferential policies for enterprises and make them public in a timely manner.
(III) improve the social credit incentive and restraint mechanism.We will improve the credit information recording and sharing system, comprehensively promote the credit commitment system, and incorporate the commitment and performance information into the credit record. Give full play to the role of credit incentive mechanism to enhance the sense of acquisition of enterprises with good credit. We will improve the credit restraint mechanism and punish the responsible subjects in accordance with the law and in accordance with the list of disciplinary measures for breach of trust. Improve the credit repair mechanism after the correction of breach of trust, and study and introduce relevant management measures. We will improve the government's honest performance mechanism, establish and improve the record and punishment system for breach of trust in government affairs, and incorporate the breach of trust information of government organs and institutions, such as breach of contract, arrears of accounts, and refusal to perform judicial decisions, into the national credit information sharing platform.
(IV) improve the market-oriented restructuring mechanism.Encourage private enterprises to revitalize the stock of assets to recover funds. Adhere to precise identification, classification and implementation of policies, and actively apply bankruptcy reorganization and bankruptcy reconciliation procedures in accordance with the principles of marketization and rule of law for enterprises that are in financial difficulties but still have development prospects and rescue value. Promote the revision of the enterprise bankruptcy law and improve the supporting system. Optimize policies related to the transfer of individual industrial and commercial households to enterprises to reduce conversion costs.
3. to increase policy support for the private economy
Accurately formulate and implement various support policies, improve policy implementation methods, strengthen policy coordination, respond to concerns and interest demands in a timely manner, and effectively solve practical difficulties.
(V) improve the financing support policy system.Improve the market-based risk-sharing mechanism for financing with the participation of banks, insurance, guarantees, brokerage firms and other parties. We will improve the credit rating and evaluation system for small, medium and micro enterprises and individual industrial and commercial households, strengthen the collection of credit information related to enterprises, and promote service models such as "credit easy loans. Support qualified private small, medium and micro enterprises to raise funds in the bond market, encourage qualified private enterprises to issue corporate bonds for scientific and technological innovation, and promote the special support plan for bond financing for private enterprises to expand coverage and enhance credit enhancement. Support qualified private enterprises to go public for financing and refinancing.
(VI) and improve the normal prevention and clearing mechanism of arrears.Strictly implement the "Regulations on Guaranteeing Payment of Small and Medium-sized Enterprises", improve the long-term mechanism for preventing and resolving arrears of small and medium-sized enterprises, and increase the accountability and punishment of those responsible in accordance with laws and regulations. Organs, institutions and large enterprises shall not refuse or delay payment to small and medium-sized enterprises and individual industrial and commercial households on the grounds of changing internal personnel, performing internal payment processes, or waiting for approval of completion acceptance and final accounts audit without agreement in the contract. Establish a system of regular disclosure of delinquent accounts, advice and guidance, and active law enforcement. Strengthen the disclosure of information on commercial bills of exchange and improve the credit restraint mechanism of the bill market. Improve the mechanism for handling complaints and credit supervision of delinquent accounts, and strengthen the exposure of cases of malicious delinquent accounts. Improve the normalized docking mechanism between the clearing of arrears and the systems of auditing, supervision and inspection.
(VII) strengthen the guarantee of talent and employment demand.Smooth the flow of talents to private enterprises, improve personnel management, file management, social security and other successive policy mechanisms. We will improve the methods for the evaluation of professional titles in private enterprises, smooth the channels for the evaluation of professional titles in private enterprises, and improve the evaluation standards for professional titles guided by market evaluation. Build private enterprises, individual industrial and commercial households and workers employment information docking platform. Vigorously promote school-enterprise cooperation and integration of production and education. Promote the construction of industrial workers in the private economy and optimize the environment for career development. Strengthen the protection of the rights and interests of workers in flexible employment and new forms of employment, and give full play to the role of platform enterprises in expanding employment.
(VIII) improve the support policy direct access to the fast-sharing mechanism.Give full play to the role of the direct financial funds mechanism, and promote the direct access of funds related to enterprises. Increase the publicity of subsidy funds related to enterprises and accept social supervision. For private small and medium-sized enterprises and individual industrial and commercial households to establish a support policy "free of application and enjoy" mechanism, the promotion of notification commitment system, the relevant departments can extract materials through the public data platform, no longer require repeated provision.
(IX) strengthen policy communication and expected guidance.In accordance with the law to carry out the enterprise-related policy adjustment procedures, according to the actual setting of a reasonable transition period. Strengthen the policy release and interpretation guidance directly to private enterprises and individual industrial and commercial households. Support government departments at all levels to invite outstanding entrepreneurs to carry out consultation, and give full play to the role of entrepreneurs in enterprise-related policies, planning, standard formulation and evaluation.
4. Strengthening the Legal Guarantee for the Development of Private Economy
Improve the legal environment for equal protection of all types of ownership economy, and create good and stable expectations for the development of the private economy.
(X) protect the property rights of private enterprises and the rights and interests of entrepreneurs in accordance with the law.prevent and rectify the use of administrative or criminal means to intervene in economic disputes, and local protectionism in the administration of justice for law enforcement. We will further standardize mandatory measures involving property rights to avoid the seizure of frozen property beyond the limits of authority, scope, amount and time limit. For the business property involved in the case that is not suitable for seizure and freezing, while ensuring the normal progress of investigation activities, the relevant parties can be allowed to continue to use it reasonably, and necessary measures for preservation and storage can be taken to minimize the impact of investigation and handling on normal office and legal production and operation. We will improve the mechanisms for appeals and retrials of cases involving enterprises, and improve the effective prevention and normalization of correction mechanisms for unjust and wrong cases.
(xi) Building institutional mechanisms for preventing and controlling corruption at the source of private enterprises.Judicial interpretations have been issued to increase the penalties for corruption such as embezzlement, misappropriation of funds, and bribery by private enterprise staff in accordance with the law. Improve the mechanism for the recovery and disposal of property involved in the case. Deepen the compliance reform of the enterprises involved in the case and promote the compliance and law-abiding operation of private enterprises. Strengthen the source of corruption in private enterprises, and guide private enterprises to establish a strict audit and supervision system and accounting system. Give full play to the role of party organizations in private enterprises, promote enterprises to strengthen legal education, and create an honest and clean corporate culture atmosphere. Establish a corruption governance mechanism for private enterprises with the participation of multiple subjects. Promote the construction of private enterprises under the rule of law and clean private enterprises.
(12) Continuously improve the intellectual property protection system.Increase the protection of the original innovation of private small and medium-sized enterprises. Strictly implement the system of punitive damages and conduct preservation of intellectual property infringement. Establish a rapid handling mechanism for intellectual property infringement and administrative non-litigation enforcement, and improve the cross-regional jurisdiction system of intellectual property courts. We will study and improve the measures for the protection of intellectual property rights of innovative achievements such as commercial improvement and cultural creativity, and severely crack down on unfair competition such as infringement of trade secrets, counterfeiting and confusion, and malicious rush registration of trademarks. Intensify the criminal crackdown on violations of intellectual property rights. Improve the guidance mechanism for dealing with overseas intellectual property disputes.
(13) Improve the supervision and law enforcement system.We will strengthen the standardization and standardization of supervision, disclose regulatory standards and rules in accordance with the law, and enhance the stability and predictability of regulatory systems and policies. Improve the fairness, standardization, and simplicity of supervision, and eliminate selective law enforcement and allow enterprises to "self-certifying innocence" supervision. Encourage cross-administrative regions to jointly issue unified regulatory policies, regulations and standards in accordance with regulations, and carry out joint law enforcement. In accordance with the principle of combining education and punishment, we will implement law enforcement methods such as notification, reminder, and persuasion, and will not impose administrative penalties on those who violate the law for the first time and have minor harmful consequences and correct them in time.
(14) Improve the long-term supervision mechanism of enterprise-related fees.We will continue to improve the list system of enterprise-related charges set by the government, make regular publicity, and accept the supervision of enterprises and society. Unblock the channels for reporting complaints about illegal charges related to enterprises, establish a standardized mechanism for sharing and transferring clues to departments, comprehensively adopt market supervision, industry supervision, credit supervision and other means to implement joint punishment, and publicly expose typical cases of illegal charges.
5. focuses on promoting high-quality development of private economy
Guide private enterprises to practice the new development concept, deeply grasp the existing shortcomings and challenges, change the development mode, adjust the industrial structure, change the growth momentum, stick to the main business, strengthen the industry, and consciously take the road of high-quality development.
(15) Guide and improve the governance structure and management system.We will support and guide private enterprises to improve their corporate governance structure, standardize the behavior of shareholders, strengthen internal supervision, achieve standardized governance, effective checks and balances, and operate in compliance with regulations, and encourage qualified private enterprises to establish and improve a modern enterprise system with Chinese characteristics. Promote the separation of corporate property from the individual or family property of the funder in accordance with the law, and clarify the property rights structure of the enterprise. Research and build a risk assessment system and prompt mechanism to give early warning of situations that seriously affect the operation of enterprises and may lead to social stability risks. Support private enterprises to strengthen risk prevention management, guide the establishment of a comprehensive risk management system covering corporate strategy, planning, investment and financing, market operations and other fields, and improve quality management awareness and capabilities.
(16) Support the improvement of scientific and technological innovation capabilities.Encourage private enterprises to continue to increase R & D investment in accordance with national strategic needs and industry development trends, carry out key core technology research, and actively undertake major national science and technology projects in accordance with regulations. Cultivate a group of private technology leaders in key industries, specialized and new small and medium-sized enterprises, and characteristic industrial clusters of small and medium-sized enterprises with strong innovation capabilities. Increase government procurement of innovative products, play the role of the first (set) insurance compensation mechanism, and support the iterative application of innovative products by private enterprises. Promote the integration and innovation of enterprises with different ownerships, large and medium-sized enterprises, and carry out joint research on common technologies. Improve the management system and achievement transformation mechanism of colleges and universities and scientific research institutes, mobilize their enthusiasm to support the innovation and development of private small, medium and micro enterprises, and support private enterprises and scientific research institutions to establish technology research and development centers, industrial research institutes, pilot maturation bases, and engineering research centers, Manufacturing Innovation Center and other innovation platforms. Support private enterprises to strengthen basic frontier research and the transformation of results.
(17) Accelerate the promotion of digital transformation and technological transformation.Encourage private enterprises to carry out research and development of digital common technologies, and participate in the investment, construction and application innovation of new infrastructure such as data centers and industrial Internet. Support the digital transformation of small and medium-sized enterprises and promote the promotion and application of low-cost, modular intelligent manufacturing equipment and systems. Guide private enterprises to actively promote standardization and improve product quality. Support private enterprises to increase the green and low-carbon transformation of production processes, equipment and technology, accelerate the development of flexible manufacturing, enhance the capacity of emergency expansion and conversion, and enhance the resilience of the industrial chain.
(xviii) Encouraging the enhancement of international competitiveness.Support private enterprises to actively extend to the design and development of core components and high-end manufactured products based on their own reality; strengthen brand building and enhance the reputation of "Made in China. Encourage private enterprises to expand overseas business, actively participate in the joint construction of the "Belt and Road", participate in overseas projects in an orderly manner, abide by local laws and regulations, and fulfill social responsibilities in going global. Better guide and support private enterprises to prevent and respond to external challenges such as trade protectionism, unilateralism, and "long-arm jurisdiction. Strengthen departmental coordination and cooperation, and establish a cooperation mechanism to prevent and resolve risks for the personal and property safety of private economic people overseas.
（十九）支持参与国家重大战略。鼓励民营企业自主自愿通过扩大吸纳就业、完善工资分配制度等，提升员工享受企业发展成果的水平。支持民营企业到中西部和东北地区投资发展劳动密集型制造业、装备制造业和生态产业，促进革命老区、民族地区加快发展，投入边疆地区建设推进兴边富民。支持民营企业参与推进碳达峰碳中和，提供减碳技术和服务，加大可再生能源发电和储能等领域投资力度，参与碳排放权、用能权交易。支持民营企业参与乡村振兴，推动新型农业经营主体和社会化服务组织发展现代种养业，高质量发展现代农产品加工业，因地制宜发展现代农业服务业，壮大休闲农业、乡村旅游业等特色产业，积极投身“万企兴万村”行动。支持民营企业参与全面加强基础设施建设，引导民营资本参与新型城镇化、交通水利等重大工程和补短板领域建设。
（二十）依法规范和引导民营资本健康发展。健全规范和引导民营资本健康发展的法律制度，为资本设立“红绿灯”，完善资本行为制度规则，集中推出一批“绿灯”投资案例。全面提升资本治理效能，提高资本监管能力和监管体系现代化水平。引导平台经济向开放、创新、赋能方向发展，补齐发展短板弱项，支持平台企业在创造就业、拓展消费、国际竞争中大显身手，推动平台经济规范健康持续发展。鼓励民营企业集中精力做强做优主业，提升核心竞争力。
六、促进民营经济人士健康成长
全面贯彻信任、团结、服务、引导、教育的方针，用务实举措稳定人心、鼓舞人心、凝聚人心，引导民营经济人士弘扬企业家精神。
（二十一）健全民营经济人士思想政治建设机制。积极稳妥做好在民营经济代表人士先进分子中发展党员工作。深入开展理想信念教育和社会主义核心价值观教育。教育引导民营经济人士中的党员坚定理想信念，发挥先锋模范作用，坚决执行党的理论和路线方针政策。积极探索创新民营经济领域党建工作方式。
（二十二）培育和弘扬企业家精神。引导民营企业家增强爱国情怀、勇于创新、诚信守法、承担社会责任、拓展国际视野，敢闯敢干，不断激发创新活力和创造潜能。发挥优秀企业家示范带动作用，按规定加大评选表彰力度，在民营经济中大力培育企业家精神，及时总结推广富有中国特色、顺应时代潮流的企业家成长经验。
（二十三）加强民营经济代表人士队伍建设。优化民营经济代表人士队伍结构，健全选人机制，兼顾不同地区、行业和规模企业，适当向战略性新兴产业、高技术产业、先进制造业、现代服务业、现代农业等领域倾斜。规范政治安排，完善相关综合评价体系，稳妥做好推荐优秀民营经济人士作为各级人大代表候选人、政协委员人选工作，发挥工商联在民营经济人士有序政治参与中的主渠道作用。支持民营经济代表人士在国际经济活动和经济组织中发挥更大作用。
（二十四）完善民营经济人士教育培训体系。完善民营经济人士专题培训和学习研讨机制，进一步加大教育培训力度。完善民营中小微企业培训制度，构建多领域多层次、线上线下相结合的培训体系。加强对民营经济人士的梯次培养，建立健全年轻一代民营经济人士传帮带辅导制度，推动事业新老交接和有序传承。
（二十五）全面构建亲清政商关系。把构建亲清政商关系落到实处，党政干部和民营企业家要双向建立亲清统一的新型政商关系。各级领导干部要坦荡真诚同民营企业家接触交往，主动作为、靠前服务，依法依规为民营企业和民营企业家解难题、办实事，守住交往底线，防范廉政风险，做到亲而有度、清而有为。民营企业家要积极主动与各级党委和政府及部门沟通交流，讲真话、说实情、建诤言，洁身自好走正道，遵纪守法办企业，光明正大搞经营。
七、持续营造关心促进民营经济发展壮大社会氛围
引导和支持民营经济履行社会责任，展现良好形象，更好与舆论互动，营造正确认识、充分尊重、积极关心民营经济的良好社会氛围。
（二十六）引导全社会客观正确全面认识民营经济和民营经济人士。加强理论研究和宣传，坚持实事求是、客观公正，把握好正确舆论导向，引导社会正确认识民营经济的重大贡献和重要作用，正确看待民营经济人士通过合法合规经营获得的财富。坚决抵制、及时批驳澄清质疑社会主义基本经济制度、否定和弱化民营经济的错误言论与做法，及时回应关切、打消顾虑。
（二十七）培育尊重民营经济创新创业的舆论环境。加强对优秀企业家先进事迹、加快建设世界一流企业的宣传报道，凝聚崇尚创新创业正能量，增强企业家的荣誉感和社会价值感。营造鼓励创新、宽容失败的舆论环境和时代氛围，对民营经济人士合法经营中出现的失误失败给予理解、宽容、帮助。建立部门协作机制，依法严厉打击以负面舆情为要挟进行勒索等行为，健全相关举报机制，降低企业维权成本。
（二十八）支持民营企业更好履行社会责任。教育引导民营企业自觉担负促进共同富裕的社会责任，在企业内部积极构建和谐劳动关系，推动构建全体员工利益共同体，让企业发展成果更公平惠及全体员工。鼓励引导民营经济人士做发展的实干家和新时代的奉献者，在更高层次上实现个人价值，向全社会展现遵纪守法、遵守社会公德的良好形象，做到富而有责、富而有义、富而有爱。探索建立民营企业社会责任评价体系和激励机制，引导民营企业踊跃投身光彩事业和公益慈善事业，参与应急救灾，支持国防建设。
八、加强组织实施
（二十九）坚持和加强党的领导。坚持党中央对民营经济工作的集中统一领导，把党的领导落实到工作全过程各方面。坚持正确政治方向，建立完善民营经济和民营企业发展工作机制，明确和压实部门责任，加强协同配合，强化央地联动。支持工商联围绕促进民营经济健康发展和民营经济人士健康成长更好发挥作用。
（三十）完善落实激励约束机制。强化已出台政策的督促落实，重点推动促进民营经济发展壮大、产权保护、弘扬企业家精神等政策落实落细，完善评估督导体系。建立健全民营经济投诉维权平台，完善投诉举报保密制度、处理程序和督办考核机制。
（三十一）及时做好总结评估。在与宏观政策取向一致性评估中对涉民营经济政策开展专项评估审查。完善中国营商环境评价体系，健全政策实施效果第三方评价机制。加强民营经济统计监测评估，必要时可研究编制统一规范的民营经济发展指数。不断创新和发展“晋江经验”，及时总结推广各地好经验好做法，对行之有效的经验做法以适当形式予以固化。
来源：新华社
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