Former Deputy Procurator General of the Supreme People's Procuratorate and Former Deputy Director of the Legislative Affairs Office of the State Council
At present, China's economy is changing from "quantity accumulation" to "quality leap", from "volume advantage" to "quality advantage". Among them, the role of small and medium-sized enterprises can not be underestimated.
"Small and medium-sized enterprises play a vital role in national economy, both in developed and developing countries." Zhang Qiong, the former Deputy Attorney General of the Supreme People's Procuratorate and former deputy director of the Legal Affairs Office of the State Council, told reporters of the forum of powerful powers on the people's network that, with the implementation of a series of policies in China, the economic operation of small and medium-sized enterprises has been in a good trend, but there are still some problems in the development, which needs to be started from the perspective of the rule of law, We should guide and protect the legitimate rights and interests of small and medium-sized enterprises through a sound legal system, further optimize the business environment and enhance the sense of access of small and medium-sized enterprises.
Power Forum: what role can small and medium-sized enterprises play in promoting China's high-quality economic development?
Zhang Qiong: no matter from the perspective of status and role, or from the perspective of actual contribution, small and medium-sized enterprises have played an important role in promoting the high-quality development of China's economy.
1、 Small and medium-sized enterprises are the source of energy to expand domestic demand and strengthen domestic economic cycle. On the micro level, SMES tend to be closer to consumers and the market, have the most keen sense of smell for the changes of consumer demand, and can respond in time; Macroscopically, small and medium-sized enterprises are close cooperators of large enterprises. Small and medium-sized enterprises form a complete domestic industrial division network with large enterprises through production subcontracting, service subcontracting, product distribution, production supporting facilities and raw material supply, which helps to improve the multi-level production demand docking mechanism including production demand and living demand, and release the domestic demand potential.
2、 Small and medium-sized enterprises are the backbone of promoting circulation and connecting internal and external circulation. Some data show that nearly 90% of China's current circulation system are small and medium-sized enterprises, which have played an important role in opening up circulation channels, expanding the scale of circulation market and improving the circulation network.
3、 Small and medium-sized enterprises are important promoters of industrial innovation and technological innovation. Small and medium-sized enterprises tend to have flexible internal structure, and the cost of development and transformation of new technologies and products is low. Moreover, the general business scope of small and medium-sized enterprises is relatively single, which can focus more on a certain subdivision area, and become "specialized, precise, special and new" enterprises in this field; Small and medium-sized enterprises attach importance to innovation and specialization, which will create innovation and potential competition pressure on large enterprises in the overall market environment, thus driving the whole industry and market to increase R&D investment and talent reserve, promote the upgrading of the overall supply chain and industrial chain, and enhance the international competitiveness of domestic products and services.
Power Forum:small and medium-sized enterprises involve tens of thousands of people, and the rights and interests of small and medium-sized enterprises are the practical interests of tens of thousands of people. Do you have any suggestions on protecting the rights and interests of SME?
Zhang Qiong: in terms of protecting and promoting the rights and interests of small and medium-sized enterprises, China has made a lot of efforts from the perspective of the rule of law, and has also achieved great results. However, the complexity of social and economic life is doomed to the emergence of new economic phenomena and problems. Therefore, in the face of many problems existing in the development of small and medium-sized enterprises at this stage, we still need to start from the perspective of the rule of law, with a sound legal system to guide and protect the healthy development of small and medium-sized enterprises.
First, we should strengthen the construction of competition law and create a healthy business environment of fair competition. We should further promote the fair competition review system, further release the power to the market subjects, improve the incentive mechanism of self-examination and improve the third-party evaluation model; Combining with the characteristics of digital economy, zero marginal cost, network effect, cross-border competition and dynamic innovation, the current market definition and collusion identification methods are improved to better respond to new competition problems and ensure that small and medium-sized enterprises can get fair opportunities in market competition.
Secondly, with the improvement of financial taxation and credit law as the core, we should vigorously promote inclusive finance to solve the problem of financing difficulty and high financing cost of small and medium-sized enterprises. First, in terms of Finance and taxation, we should further reduce the tax burden of enterprises, improve the recognition standards of small and medium-sized enterprises, increase the degree of tax preference for all inclusive enterprises, enhance the tax preference support for start-up technology-based enterprises, and give full play to the guiding and supporting role of government procurement policy for the development of small and medium-sized enterprises. Second, improve the financial legal system to support the development of small and medium-sized enterprises. Third, we should improve the legal mechanism of social credit supervision, further refine the credit rating standards of small and medium-sized enterprises, implement a targeted and diversified credit rating model, repair the fracture of market trust, and help the development of small and medium-sized enterprises.
Thirdly, we should improve the legal system of property right system, data legislation and market access, and promote the industrial innovation and technological innovation of small and medium-sized enterprises. First, strengthen the protection of intellectual property, crack down on counterfeit and inferior products and purify the environment of intellectual property trading. Second, we should improve data legislation and enable the digital transformation of small and medium-sized enterprises. Third, further relax market access, simplify relevant administrative approval procedures, actively build network-based government management mode and platform, reduce the list of foreign investment market access, improve the rights and interests protection system of foreign-funded enterprises, and provide a more dynamic environment for the development and innovation of small and medium-sized enterprises.
Finally, improve the legal environment of equal protection. Improve the efficiency of judicial trial and execution, and prevent the delay of litigation from affecting the production and operation of enterprises; To protect the legitimate rights and interests of private entrepreneurs in assisting the discipline inspection and supervision organs in the examination and investigation.
Power Forum: how does the “Civil Code” implemented on January 1 protect the rights and interests of small and medium-sized enterprises?
Zhang Qiong: the “Civil Code” has a series of new regulations on the protection and improvement of small and medium-sized enterprises. First, the order demands and other tasks assigned by the state and local governments to enterprises should be signed and performed in accordance with the law. Second, the protection of enterprise property and creditor's rights has also been strengthened. Third, the interest rate of personal loan and loan of enterprises have been strictly abided by the national standard, which is conducive to enterprise financing and reducing financing costs. Fourth, new regulations have been made on the ways of loan guarantee and house leasing, which are beneficial to the business activities of enterprises.
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