黨的十八大以來,在以習近平同志為核心的黨中央堅強領導下,黨和國家事業取得歷史性成就、發生歷史性變革。市場監管部門以習近平新時代中國特色社會主義思想為指導,堅決貫徹落實黨中央、國務院決策部署,改革完善市場監管體制,持續深化商事制度改革,推動實施公平競爭政策,著力防范產品質量安全風險,不斷強化消費維權,積極實施質量強國戰略,市場監管改革創新取得顯著成效。
一、監管體制實現重大變革,統一市場監管格局初步形成。黨中央、國務院從戰略高度出發,對市場監管體制改革作出重大決策部署,歷史性完善市場監管和執法體制,整合監管職能,加強監管協同,實現了分段、分領域監管向統一、綜合監管的轉變。市場監管機構改革以來,持續推進從物理整合向化學融合轉變,綜合監管、綜合執法的優勢逐步凸顯。2021年,中央強化反壟斷執法力量,掛牌成立國家反壟斷局,進一步完善市場監管體制。
二、持續深化商事制度改革,推動營商環境明顯改善。深刻領會中央優化營商環境的戰略意圖,圍繞激發各類市場主體活力,把保市場主體放在突出的位置,深入推進商事制度改革和市場準入制度改革。一是積極主動進行自我革命。推動注冊資本實繳制改為認繳制,改企業年檢制為“年報+公示”制,推進住所登記、名稱登記等改革,構建寬松便捷的市場準入環境。改革傳統監管機制為以“雙隨機、一公開”監管為基本手段、以重點監管為補充、以信用監管為基礎的新型監管機制,在有效監管的同時減少對市場主體的干擾。加強市場準入制度供給,推動出臺《市場主體登記管理條例》及其配套政策舉措,第一次全面統一各類市場主體登記制度,為市場主體平等準入、自由遷移和便捷退出提供了基礎性制度保障。二是推動部門協同集成改革。從“先照后證”到照后減證,從準入改革到準營改革,從多頭準入管理向積極推進形成全國統一市場準入負面清單,從企業來回跑、現場辦到“一網通辦”、推廣電子證照,企業開辦時間從22.9天壓縮到4個工作日以內,逐步實現市場主體準入制度從政府端的管理好用向企業端的辦事好用轉變。三是積極配合部門改革。會同有關部門推動退稅減稅降費、財政資金直達、貨幣政策直達和普惠金融等政策措施落實,助力支持政策精準對接各類市場主體。截至今年4月底,我國市場主體總量從2012年5500萬戶增長到1.58億戶,增長了近1.9倍,年均凈增長超過1000萬戶;其中企業從1300多萬戶增長到近5000萬戶,個體工商戶從4000萬戶增長到超1億戶。今年1-4月份,全國新設市場主體898.7萬戶。市場主體的繁榮發展,為我國經濟轉向高質量發展奠定了堅實的微觀基礎。
三、確立和強化競爭政策的基礎性地位,著力保護和促進市場公平競爭。黨的十八大以來,我國競爭政策的基礎性地位基本確立,公平競爭制度不斷完善,為各類市場主體投資興業、規范健康發展營造了公平、透明、可預期的良好競爭環境。一是著眼完善市場體系基礎性制度,推動出臺《關于強化反壟斷深入推進公平競爭政策實施的意見》,推動修訂《反壟斷法》《反不正當競爭法》等法律法規,建立公平競爭審查制度,逐步建立健全了公平競爭政策框架。二是適應數字經濟發展趨勢,堅持發展和規范并重,堅持線上線下一體化監管,堅持競爭監管和行業監管聯動,出臺《網絡交易監督管理辦法》《關于平臺經濟領域的反壟斷指南》等制度規則,依法查處平臺企業“二選一”等重大典型案例,嚴格落實平臺企業并購申報義務,平臺經濟競爭監管和防止資本無序擴張取得重要成效,為促進平臺經濟發展、平臺企業和各類市場主體協同發展,營造了公平有序的競爭環境。三是圍繞激發創新活力和增進民生福祉,加大知識產權保護力度,完善知識產權保護制度體系和工作機制,依法嚴格保護企業創新創造及其合法權益;對各類市場主體一視同仁、平等對待,聚焦醫藥保健、公用事業等民生發展重點領域,綜合運用年度報告、信息公示等手段,嚴格規范公正文明執法。10年來共查處各類壟斷案件640件,查辦了一大批不正當競爭、違法廣告等擾亂市場秩序的案件,有力維護公平高效有序的市場競爭格局。
四是聚焦維護全國統一大市場、暢通國內大循環,推動出臺《關于加快建設全國統一大市場的意見》,全面落實公平競爭審查制度,10年來審查新出臺政策措施文件127.8萬件,清理存量政策文件340.2萬件,修訂廢止妨礙全國統一市場和公平競爭的文件5.3萬件,著力打破地方保護和市場分割。
四、堅決貫徹“四個最嚴”要求,堅守食品等產品質量安全底線。一以貫之“四個最嚴”要求,堅持不懈強化食品、重點工業產品、特種設備監管措施,推動市場監管領域安全形勢不斷穩定向好。一是毫不松懈強化食品安全風險管控能力。以推動落實地方黨政同責為重點,層層壓實各方安全監管責任。以嚴格執法為著力點,有力解決食品安全領域農藥獸藥殘留超標、非法添加等突出問題,2020年以來共查辦食品安全違法案件超過500萬件,罰沒金額約70億元;以系統排查為手段,建立起四級抽檢體系,有力防控食品安全風險隱患,近兩年抽檢實現每年5.0批次/千人以上的目標。以更嚴的標準、更嚴的監管有力推動食品產業優化升級和高質量發展,現有食品安全標準約1300項,農藥獸藥殘留限量及檢測方法標準總數超過1.3萬項,基本與國際食品法典標準接軌。大宗食品合格率持續保持高位,糧食加工品、食用油合格率在98%以上,肉制品在97%以上,國產嬰幼兒配方乳粉抽檢合格率在99%以上。二是強化藥品安全科學監管、嚴格監管。持續加強藥品質量安全監管,讓監管始終跑在風險前面。全力服務保障疫情防控大局,深化藥品審評審批制度改革,全面提升藥品監管能力水平,推動藥品安全性、有效性、可及性顯著增強,藥品安全形勢穩中向好。2018年以來藥品和醫療器械國抽合格率均在97%以上,其中2021年藥品國抽合格率達到99%,推動一大批具有明顯臨床價值、滿足臨床急需的藥品和醫療器械加快獲批上市。三是綜合施策加強工業產品質量安全監管。準入制度改革不斷推進,實施認證“正面清單”管理,工業產品生產許可目錄從61類壓減至10類,壓減幅度達83%。監督抽查體系不斷完善,2020—2021年發現并處置5.5萬批次不合格產品。對安全隱患較大的重要工業品和消費品,連續開展專項整治,集中治理了一批質量安全突出問題。連續開展兒童和學生用品安全守護行動。強化汽車和消費品召回,有效防范安全風險。四是持續深化特種設備安全治理。完善安全治理機制和監管制度體系,改注重事前審批為事前事中事后監管并重。堅決排查治理安全隱患,穩步推進特種設備安全標本兼治,總局成立以來,萬臺特種設備死亡率下降64%,特種設備安全狀況總體達到中等發達國家水平。
五、加快推進質量強國建設,努力推動質量全面提升。深刻把握經濟發展質量變革、效率變革、動力變革的要求,不斷完善質量強國建設的政策措施,全面加強宏觀質量管理,建設適配現代化經濟體系的質量基礎設施,深入實施質量提升行動,促進我國商品和服務質量穩步提升,10年來我國制造業產品質量合格率穩步提升,這兩年穩定在93%以上較高水平。一是質量政策法規日臻完善。編制實施“質量強國建設綱要”,法律制度體系更加完備,強化質量工作考核激勵工作,大質量工作格局進一步形成。二是質量提升行動深入開展。廣泛開展質量管理升級、“百城千業萬企對標達標提升專項行動”“一站式”服務等活動,加強服務質量監督監測,為質量強國建設奠定實踐基礎。三是質量基礎設施建設成效明顯。已發布國家標準4萬多項、行業標準7.6萬多項、地方標準5.3萬多項,團體標準近3萬項,主要消費品領域與國際標準一致性程度超過95%。
六、站穩人民至上根本立場,持續深化市場秩序綜合治理。把以人民為中心、增進人民福祉作為市場監管工作的出發點和落腳點,不斷豐富完善為民、便民、利民監管措施。一是強化突出問題專項治理。聚焦民生領域群眾深惡痛絕的違法行為連續開展“鐵拳”行動,2021年查辦案件9.44萬件。深入開展“掃黑除惡”專項斗爭,有力消除“市霸”亂象。強化民生商品和服務價格監管,持續加大侵權假冒問題打擊力度,聯合整治“保健”市場亂象,連續多年大力治理“特供”“專供”等突出問題,連續開展“網劍”行動,嚴厲查處直播帶貨等突出問題,市場頑疾得到有效治理。二是強化涉疫產品市場監管。重拳出擊制止疫情期間防疫物資哄抬價格、假冒偽劣等違法行為,加強重要民生商品價格監測和監管,廣泛開展保供應、保價格、保質量“三?!毙袆?,嚴格監管疫苗和藥品質量,有力支持疫情防控大局。三是強化消費者權益保護。推動制修訂《消費者權益保護法實施條例》等法律法規規章,消費維權法律體系不斷健全完善。建立統一的12315消費者投訴舉報熱線,廣泛開展放心消費創建活動和消費教育宣傳引導,為消費者提供高效服務。
Main Achievements and Reform Results of Market Regulation in the Past Ten Years
(May 20, 2022)
State Administration for Market Regulation
Since the 18th National Congress of the Communist Party of China, under the strong leadership of the CPC Central Committee with Comrade Xi Jinping as the core, historic achievements have been made and historic changes have taken place in the cause of the Party and the state. Under the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, the State Administration for Market Regulations (SAMR) and local market regulation departments resolutely implement the decisions and deployments of the CPC Central Committee and the State Council, optimize the market regulation system, continuously deepen the reform of the commercial system, promote the implementation of fair competition policies, focuse on preventing product quality and safety risks, continuously strengthen consumer rights protection, and actively implement the strategy of strengthening the country by quality. The reform and innovation of market regulation has achieved remarkable results.
1.Major changes have been made in the regulatory system, and a unified market regulatory pattern has taken shape.
From a strategic perspective, the CPC Central Committee and the State Council made major decision-making arrangements for the reform of the market supervision system, historically improved the market supervision and law enforcement system, integrated supervision functions, strengthened supervision coordination, and realized the transformation from segmented and sub-field supervision to unified and comprehensive supervision. Since the reform of market supervision institutions, the transformation from physical integration to chemical integration has been continuously promoted, and the advantages of comprehensive supervision and comprehensive law enforcement have gradually become prominent. In 2021, the central government strengthened anti-monopoly law enforcement and established the National Anti-monopoly Bureau to further improve the market supervision system.
2.Continue to deepen the reform of the commercial system and promote the obvious improvement of the business environment.
Deeply understand the central government's strategic intention of optimizing the business environment,
focus on stimulating the vitality of various market players, put market players in a prominent position, and further promote the reform of commercial system and market access system. First, actively carry out self-revolution. Promote the paid-in system of registered capital to subscription system, change the annual inspection system of enterprises to "annual report + publicity" systems, promote the reform of residence registration and name registration, and build a relaxed and convenient market access environment. Reform the traditional supervision mechanism into a new supervision mechanism based on "double random and one open" supervision, supplemented by key supervision and based on credit supervision, so as to effectively supervise and reduce the interference to market players. We strengthened the supply of market access systems, promoted the promulgation of the Regulations on The Registration and Administration of Market Players and its supporting policies and measures, and for the first time comprehensively unified the registration systems for all types of market players, providing a basic institutional guarantee for equal access, free migration and convenient exit for market players. The second is to promote the collaborative integration reform of departments. From "Certificate after License" to “Certificate Reduction after License”, From access reform to business-permit reform, From multi-head access management to actively promoting the formation of a national unified market access negative list, from enterprise “running back and forth” and doing on-site to "one network solution" and promoting electronic licenses, the start-up time of enterprises has been reduced from 22.9 days to less than 4 working days, and the market player access system has gradually changed from government-side management to enterprise-side service. Third, actively cooperate with departmental reform. In conjunction with relevant departments, we have promoted the implementation of policies and measures such as tax refund, tax reduction and fee reduction, direct financial funds, direct monetary policy and Inclusive Financing, and help support policies to accurately connect with various market players. As of the end of April this year, the total number of market entities in China increased from 55 million in 2012 to 158 million, an increase of nearly 1.9 times, with an average annual net growth of more than 10 million; Among them, the number of enterprises has increased from more than 13 million to nearly 50 million, and the number of individual industrial and commercial households has increased from 40 million to over 100 million. From January to April this year, 8.987 million new market entities were established nationwide. The prosperity and development of market players has laid a solid micro foundation for China's economy to turn to high-quality development.
3.Establish and strengthen the basic position of competition policy, and strive to protect and promote fair competition in the market.
Since the 18th National Congress of the Communist Party of China, the basic position of China's
competition policy has been basically established, and the fair competition system has been continuously improved, creating a fair, transparent and predictable good competitive environment for various market players to invest in the industry and standardize healthy development. First, we have focused on improving the basic system of the market system, promoted the promulgation of the Opinions on Strengthening Anti-monopoly and Deepening the Implementation of Fair Competition Policy, promoted the revision of the Anti-Monopoly Law, Anti-Unfair Competition Law and other laws and regulations, established a fair competition review system, and gradually established and improved the fair competition policy framework. Second, adapting to the development trend of digital economy, we adhere to equal emphasis on development and standardization, adhere to online and offline integrated supervision, adhere to the linkage between competition supervision and industry supervision, promulgated institutional rules such as the Measures for the Supervision and Administration of Online Transactions, the Anti-monopoly Guide in the Field of Platform Economy, and the Provisions on Prohibiting Unfair Competition on the Internet. Investigated and punished major typical cases such as "choosing one from the other" of platform enterprises according to law, strictly implemented the reporting obligations of mergers and acquisitions of platform enterprises, and achieved important results in supervising competition in platform economy and preventing disorderly expansion of capital, thus creating a fair and orderly competitive environment for promoting the development of platform economy and the coordinated development of platform enterprises and various market entities. Third, focusing on stimulating innovation vitality and improving people's livelihood and well-being, we strengthened IPR protection, improved IPR protection systems and working mechanisms, and strictly protected enterprises' innovation and creation as well as their legitimate rights and interests in accordance with the law; all kinds of market players are treated equally. Focusing on key areas of people's livelihood development such as medical care and public utilities, and we comprehensively used annual reports, information publicity and other means to strictly regulate fair and civilized law enforcement. Since the 18th National Congress of the Communist Party of China, a total of 640 monopoly cases have been investigated and dealt with in ten years, and a large number of cases of unfair competition, illegal advertisements and other cases that disturb the market order have been investigated and dealt with, thus effectively maintaining a fair, efficient and orderly market competition pattern. Fourth, focus on maintaining a unified national market and smoothing the domestic circulation. Promoted the promulgation of the Opinions on Accelerating the Construction of a National Unified Market, fully implemented the fair competition review system. In ten years, we reviewed 1.278 million newly issued policy and measure documents, cleaned up 3.402 million existing policy documents, revised and abolished 53,000 document
that hinder the national unified market and fair competition, and strive to break local protection and market segmentation.
4.Resolutely implement the "four strictest" requirements, adhere to the bottom line of food and other products quality and safety.
In accordance with the "four strictest" requirements, we have unremittingly strengthened the regulatory measures for food, key industrial products and special equipment, and promoted the steady improvement of the security situation in the field of market supervision. First, the ability of food safety risk management and control has been unremittingly strengthened. Focus on promoting the implementation of local party and government responsibilities, and taken the safety supervision responsibilities of all parties layer by layer. Focusing on strict law enforcement, we have effectively solved outstanding problems such as excessive pesticide and veterinary drug residues and illegal addition in the field of food safety. Since 2020, more than 5 million cases of food safety violations have been investigated and confiscated, with a fine of about 7 billion Yuan; By means of systematic investigation, a four-level sampling inspection system has been established to effectively prevent and control potential food safety risks. In the past two years, the sampling inspection has achieved the goal of 5.0 batches/1, 000 people per year. With stricter standards and stricter supervision, the optimization, upgrading and high-quality development of the food industry are vigorously promoted. There are about 1,300 food safety standards, and the total number of pesticide and veterinary drug residue limits and detection method standards exceeds 13,000, which are basically in line with the international Codex Alimentarius standards. The qualified rate of bulk food remained high, with the qualified rate of processed food and edible oil above 98%, meat products above 97% and domestic infant formula milk powder above 99%. Second, strengthen scientific supervision and strict oversight of drug safety. We kept strengthening oversight of drug quality and safety so that oversight stays ahead of risks. We have made all-out efforts to ensure the overall situation of epidemic prevention and control, deepened the reform of the drug evaluation and approval system, and comprehensively improved drug regulatory capacity. We have significantly improved the safety, effectiveness and accessibility of drugs, and the situation of drug safety has remained stable and improved. Since 2018, 97% of drugs and medical devices have been approved by the state, and 99% of them approved in 2021, accelerating the approval and come on the market for a large number of drugs and medical devices with obvious clinical value and meeting urgent clinical needs. Third, comprehensive measures have been taken to strengthen the quality and safety supervision of industrial products. The reform of access system has been continuously promoted, and the "positive list" management of certification has been implemented. The catalogue of industria
product production licenses has been reduced from 61 categories to 10 categories, with a reduction rate of 83%. The supervision and spot check system has been continuously improved, and 55,000 batches of unqualified products were found and disposed of in 2020-2021. For important industrial products and consumer goods with great potential safety hazards, special rectification has been continuously carried out, and a number of outstanding quality and safety problems have been centrally managed. Safety guarding actions for children's and school supplies have been carried out continuously. The recall of automobiles and consumer goods has been strengthened to effectively prevent safety risks. Fourth, continue to deepen the safety management of special equipment. The safety governance mechanism and supervision system have been improved. Instead of focusing on approval in advance, we attached equal importance to supervision during and after the event with the approval in advance. In addition, we resolutely investigated and controlled hidden security risks to promote the supervision of special equipment from paying attention to prior approval to paying equal attention to prior and post-event supervision. We have been dedicating to resolutely eliminate potential safety hazards, investigate and manage them, and steadily push forward the treatment of both the symptoms and root causes of special equipment safety. Since the establishment of the SAMR, the mortality rate of 10,000 special equipments has dropped by 64%, and the safety status of special equipment has generally reached the level of moderately developed countries.
5.Accelerate the construction of a country of quality power, and strive to promote the overall improvement of quality.
Deeply grasping the changing requirements of quality, efficiency and power of economic development, we have been constantly improving the policies and measures for building a quality power, comprehensively strengthening macro-quality management, building a quality infrastructure adapted to the modern economic system, and implementing quality improvement actions in depth to promote the steady improvement of the quality of goods and services in China. In the past ten years, the qualified rate of China's manufacturing products has been steadily improving, and has remained at a relatively high level of over 93% in the past two years. First, quality policies and regulations are improving day by day. The Outline of Building a Powerful Country by Quality is developed and implemented, the legal system is more complete, the assessment and incentive work of quality work is strengthened, and the pattern of high-quality work is further formed. Second, quality improvement actions were carried out in depth. Some activities extensively were carried out, such as quality management upgrading, "special action for upgrading standards by a hundred of cities, a thousand of industries and ten thousands of enterprises" and "one-stop" service, etc. in order to strengthen service quality supervision and monitoring and lay a practical foundation for building a
strong country with quality. Third, the quality infrastructure construction has achieved remarkable results. More than 40,000 national standards, 76,000 industry standards, 53,000 local standards and nearly 30,000 group standards have been released, and the consistency between major consumer goods and international standards exceeds 95%.
6.Stand firm in the fundamental position of people first, and continue to deepen the comprehensive management of market order.
Taking people as the center and improving people's well-being as the starting point and foothold of market supervision, the supervision measures for the people benefit have been constantly enriched and improved. First, the special treatment of outstanding problems has been strengthened. Focusing on the illegal acts hated by the people in the field of people's livelihood, the "Iron Fist" action was continuously carried out, and 94,400 cases were investigated and handled in 2021. Due to carrying out the special struggle of "eliminating evils and bully" in depth, the chaos of "city bully" has been effectively eliminated. Strengthened the price supervision of goods and services for people's livelihood, continuously intensify the crackdown on infringement and counterfeiting, jointly rectify the chaos in the "health care" market, vigorously control outstanding problems such as "special supply" and "exclusive supply" for many years, continuously carry out "net sword" actions, severely investigate and deal with outstanding problems such as live broadcast and goods, and effectively control market ills. Second, strengthen market supervision of epidemic-related products. By Striking hard to stop illegal activities such as price gouging, counterfeiting and shoddy of epidemic prevention materials during the covid-19 epidemic, we strengthened the monitoring and supervision of the prices of important commodities for people's livelihood, extensively carried out the "three guarantees" of ensuring supply, price and quality, the quality of vaccines and drugs was strictly supervised, and the covid-19 prevention and control was strongly supported. Third, strengthen the protection of consumers' rights and interests. We pushed forward the development and reversion of The Regulations on the Implementation of the Consumer Protection Law and other laws, regulations and rules, and the legal system for consumer rights protection has been continuously improved. By establishing a unified 12315 consumer complaint hotline, we extensively carried out activities to create safe consumption and publicize and guide consumer education, and provide efficient services for consumers.