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Decisions of the State Council on Rectifying and Standardizing the Order in the Market Economy [Effective]
国务院关于整顿和规范市场经济秩序的决定 [现行有效]
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Decisions of the State Council on Rectifying and Standardizing the Order in the Market Economy 

国务院关于整顿和规范市场经济秩序的决定


(No. 11 [2001] of the State Council on April 27, 2001)

 
(2001年4月27日 国发[2001]11号)


The people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government; and all ministries and commissions of the State Council, and all institutions directly under the State Council:
 
各省、自治区、直辖市人民政府,国务院各部委、各直属机构:

The establishment of a well-standardized order in the market economy is both an urgent requirement for ensuring the normal operation of the current economy and an important measure to improve the socialist market economy system. In order to further deepen the reform and expanding the opening to the outside world, create a good environment for the national economic development vigorously and healthily, the State Council hereby decides, in light of China's present situation of the order in the market economy, to rectify and standardize the order in the market economy throughout the country.
 
建立规范的市场经济秩序,既是保证当前经济正常运行的迫切需要,又是完善社会主义市场经济体制的重要举措。为了进一步深化改革、扩大对外开放,营造国民经济持续快速健康发展的良好环境,根据当前我国市场经济秩序的现状,国务院决定,在全国范围内开展整顿和规范市场经济秩序的工作。

 
I.Being fully aware of the significance of rectifying and standardizing the order in the market economy   一、充分认识整顿和规范市场经济秩序的重要意义

 
(I)Good order in the market economy is an objective requirement for establishing the socialist market economy system. In recent years, obvious effects have been obtained in the campaign throughout the country against such illegal and criminal activities as smuggling, tax evasion, tax fraud, obtaining foreign exchange through fraudulent means, the production and marketing of fake and shoddy commodities, etc.. Such a campaign has played an important role in promoting the healthy development of socialist market economy. (一)良好的市场经济秩序,是建立社会主义市场经济体制的客观要求。近年来,全国开展了打击走私、偷税、骗税、骗汇和制售假冒伪劣商品等违法犯罪活动的专项斗争,取得了明显成效,对促进社会主义市场经济的健康发展,发挥了重要作用。

 
(II)We must attach great importance to the chaos in the market economy. Due to complicated economic, social and ideological factors, the order in the market economy in some fields is still very chaotic at present, namely: fake and shoddy products flood the market; the activities of tax evasion, tax fraud, obtaining foreign exchange through fraudulent means, and smuggling do not come to an end despite of repeated bans; commercial fraudulence and evasion of debts are becoming more and more serious; making false financial account books and documents and violating fiscal discipline are common; practicing frauds in the invitation and entry of tenders in project construction and constructing projects with poor quality are also conspicuous; strong complaints against the chaos in cultural market are more and more; catastrophic accidents occur from time to time in production and operation. These shocking problems have not only seriously impacted the healthy operation of national economy, caused heavy losses to the benefits of the State, enterprises and people, but also worsened the investment environment, lowered the standard of social morality, and undermined the fame of the State and of the reform and opening to the outside world. It has been the top priority to make great efforts to rectify and standardize the order in the market economy. (二)市场经济秩序混乱的问题必须引起高度重视。由于复杂的经济、社会和思想原因,当前一些领域中市场经济秩序仍然相当混乱,主要表现在:假冒伪劣产品充斥市场,偷税、骗税、骗汇和走私活动屡禁不止,商业欺诈、逃废债务现象日益严重,财务失真、违反财经纪律的行为比较普遍,工程建设领域招投标弄虚作假、工程质量低劣的问题相当突出,文化市场混乱问题群众反映强烈,生产经营中的重大特大安全事故时有发生。这些问题触目惊心,不仅严重影响国民经济健康运行,给国家、企业和人民群众利益造成重大损害,而且造成投资环境恶化,社会道德水准下降,败坏国家信誉和改革开放的形象。大力整顿和规范市场经济秩序,已经成为当务之急。

 
(III)It is of great significance to rectify and standardize the order in the market economy. The next five years will be an important period for China to improve the socialist market economy system and expand the opening to the outside world. The establishment of an orderly market economy is both a major economic issue and an important political one; it is both an inevitable choice to improve the overall quality and competitiveness of the national economy, and a necessary condition to further the opening to the outside world; it is both an important measure to consolidate the achievements of China's modernization and an inherent requirement for carrying forward the advancement of social civilization. All regions and departments must earnestly implement General Secretary Jiang Zemin's important thought of “Three Represents”, and also take into account the security and danger of the State, prosperity and adversity of the nation as well as success and failure of the modernization, realize the importance, urgency and arduousness of rectifying and standardizing the order in the market economy, so as to make unremitting efforts on this task. (三)整顿和规范市场经济秩序具有重要意义。今后五年,是我国完善社会主义市场经济体制和扩大对外开放的重要时期。建立良好的市场经济秩序,既是重大的经济问题,也是严肃的政治问题;既是提高国民经济整体素质和竞争力的必然选择,也是进一步扩大对外开放的必要条件;既是巩固我国现代化建设成果的重大举措,也是全面推进社会文明进步的内在要求。各地区、各部门必须从贯彻落实江泽民总书记“三个代表”重要思想的高度,站在国家安危、民族兴衰和现代化事业成败的高度,充分认识整顿和规范市场经济秩序的重要性、紧迫性和艰巨性,坚持不懈地抓好这项工作。

 
II.Main tasks for rectifying and standardizing the order in the market economy and the focus at present   二、人丑就要多读书整顿和规范市场经济秩序的主要内容和当前工作重点

 
(IV)The main tasks in the next five years. To rectify and standardize the order in the market economy is quite complicated and will involve many factors and relationships. We must adhere to the guiding principle of simultaneously deepening the reform and strengthening the legal system, deal with the phenomenon and the essence but emphasize on the latter, reform while rectifying the order. With regard to the existing problems in respect of the order in the market economy, the main tasks for rectifying and standardizing the order in the market economy during the period of the “Tenth Five-Year Plan” include: (四)今后五年的主要任务。整顿和规范市场经济秩序是一项涉及面广、十分复杂的工作。必须坚持深化改革与加强法制并举的指导思想,标本兼治,边整边改,着力治本。针对市场经济秩序方面存在的问题,“十五”时期整顿和规范市场经济秩序的主要内容包括以下几个方面:

 
1.We should punish such illegal and criminal activities as the production and marketing of fake and shoddy commodities, tax evasion, tax fraud, obtaining foreign exchange through fraudulent means, smuggling, the production and sale of fake currency etc.. We will continue to investigate the key commodities, markets and regions with conspicuous problems of producing and marketing fake commodities and the major cases involving these activities. We will crack down on the specialized criminal gangs who commit tax-involved criminal activities of forging, speculating in or making false special VAT invoices. We will prohibit the activities of illegally buying and selling foreign exchange and will strictly prevent the smuggling from revival. 1.打击制售假冒伪劣商品、偷税、骗税、骗汇、走私、制贩假币等违法犯罪活动。继续查处制假售假问题突出的重点商品、重点市场、重点地区和大案要案。打击伪造、倒卖、虚开增值税专用发票进行涉税犯罪活动的专业化作案团伙。取缔非法买卖外汇。严防走私回潮。

 
2.We should rectify the construction market. We will investigate and punish those who evade invitation of tenders or practice frauds in the invitation and entry of tenders in project construction, who illegally transfer or sublet contracts, undertake contracts without any certificate or by exceeding the grade, as well as violate statutory construction procedures, refuse to implement the compulsory technical standards, cheat in workmanship or material, use inferior materials as good ones in the construction, etc.. 2.整顿建筑市场。查处在工程建设中规避招标和招投标中的弄虚作假,转包、违法分包和无证、越级承包工程,以及违反法定建设程序及不执行强制性技术标准、偷工减料、以次充好等行为。

 
3.We should rectify and standardize financial order. We will investigate and punish the banks, securities institutions and insurance institutions involving in business activities that are in violation of laws and regulations, abolish all illegal financial institutions and put an end to illegal fraudulent financial activities, crack down and put an end to the acts of financial frauds, rigging the securities market, inside dealings, malicious evasion of debts, etc.. 3.整顿和规范金融秩序。查处银行、证券、保险机构的违法违规经营活动。取缔非法金融机构和非法变相从事金融业务的活动。打击和制止金融欺诈、操纵证券市场和内幕交易、恶意逃废债务等行为。

 
4.We should be strict in fiscal discipline. We will strengthen the audit on fiscal funds, major investment projects, important special funds, quality of the assets of State-owned financial institutions and State-owned enterprises. We will investigate and punish those who violate the fiscal discipline by setting up without permission “small exchequers”, engaging in off-the-book operations, and holding back, expending, misappropriating State capital, etc.. We will crack down such illegal acts as forging various negotiable documents, accounting vouchers and accounting books, providing false accounting reports, etc.. 4.严肃财经纪律。加强对财政资金、重大投资项目、重点专项资金、国有金融机构和国有企业资产质量的审计。查处私设“小金库”、帐外经营、截留、坐支、挪用国家资金等违反财经法纪行为。打击伪造各种票据、会计凭证、会计帐簿和提供虚假财务会计报告等违法行为。

 
5.We should standardize the acts by intermediary institutions, and implement the system of entering market upon permission for intermediary institutions. We will rectify the market of economic certification services. We will solemnly investigate and punish the intermediary institutions that issue false certificates of credits, carry out false evaluation and certification, etc., and will implement the system of prohibitory entry for the intermediary institutions and individuals who have seriously violated laws or rules. 5.规范中介机构的行为,实行中介机构市场准入制度。整顿经济鉴证服务市场。严肃查处中介机构出具虚假资信证明、虚假评估、虚假鉴证等不法行为,对严重违法违规的中介机构和人员实行禁入制度。

 
6.We should further rectify the cultural and tourism market. We will carry out the campaign of “beating down the pornographic and illegal publications”, crack down the illegal and criminal activities of producing and selling pirated and illegal publications which infringe upon the copyrights of others. We will strengthen the supervision and administration on the business sites of electronic games and of entertainments, such as a ballroom of a profit-making nature. We will investigate and punish various types of illegally operated “network bars”. We will rectify the cultural relic market and standardize the operational order in tourism industry. 6.推进文化和旅游市场整顿。开展“扫黄打非”斗争,打击侵权盗版、制贩非法出版物等违法犯罪活动。加强对电子游戏、歌舞娱乐经营场所的监管。查处非法经营的各类“网吧”。整顿文物市场。规范旅游业经营秩序。

 
7.We should break regional blockades as well as departmental and industrial monopolies. We will investigate and punish the administrative authorities, institutions, industries of monopoly and public enterprises that impede fair competition, hinder the products or project construction services of other cities and provinces from entering the local market, or limit enterprise competition by any other means. 7.打破地区封锁和部门、行业垄断。查处行政机关、事业单位、垄断性行业和公用企业妨碍公平竞争,阻挠外地产品或工程建设类服务进入本地市场的行为,以及其他各种限制企业竞争的做法。

 
8.We should strengthen the management on safe production and the supervision on safety. We will give close attention to the safety rectification on key industries, strengthen the comprehensive treatment on hidden hazards of accidents and sources of danger. We will firmly close down the enterprise and operational business that do not fulfill the basic conditions for safe production or fail to correct their illegal acts after rectification. 8.强化安全生产管理和安全监察。抓紧重点行业的安全整顿,加强对事故隐患及危险源的综合治理。对不符合基本安全生产条件或整改无效的企业和经营单位,坚决予以关闭。

 
(V)The focus of rectification and standardization at present. On the basis of fully rectifying and standardizing the order in the market economy, we will separately determine the focus of rectification at each stage according to the different features of each period. At present, we should closely focus on the several conspicuous problems directly related to vital interests of people, against which people have strong complaints, and which greatly harm the society. The focus of current work will be: to crack down the acts of producing and marketing fake and shoddy commodities of food, medicine, agricultural materials, cotton and assembled automobiles; to investigate and punish those who have the acts of evasion of tender invitation, false invitation of tenders or transfer of contracts, in order to rectify and standardize the construction market; to investigate and punish those who have the acts of tax evasion, tax fraud, or illegal tax exemption or reduction, in order to strengthen the administration on tax collection; to investigate and punish those who set up regional blockades, departmental or industrial monopolies, in order to crack down regional protectionism; to check up and reduce the centralized business sites of audio-video products , and investigate and punish the illegally operated “network bars” and “video game player rooms”, in order to rectify the cultural market. (五)当前的工作重点。在全面整顿和规范市场经济秩序的基础上,根据每个时期的不同特点,分别确定各阶段整治的重点。当前,要紧紧抓住直接关系广大群众切身利益、群众反映强烈、社会危害严重的几个突出问题,主要包括:以食品、药品、农资、棉花以及拼装汽车等为重点,打击制售假冒伪劣商品的行为;以查处规避招标、假招标和转包为重点,整顿和规范建筑市场;以查处偷税、骗税、非法减免税为重点,强化税收征管;以查处地区封锁和部门、行业垄断为重点,打击地方保护主义;以清理压缩音像集中经营场所,查处非法经营的“网吧”、“游戏机房”为重点,整顿文化市场。

We need to strive for the following results in about one year through the concentrative rectification and crack-down throughout the country: the expanding trend of illegal and criminal activities that seriously destroy the order in the market economy has been obviously reversed; the major cases that have serious consequences and negative social impact have been disclosed and disposed of; criminals have been severely punished by judicial authorities; relevant laws and regulations have been further improved; the integrity of law enforcement officials has been strengthened and the enforcement of law has been intensified; the people are obviously more satisfied with the order in the market economy; the initial aims have been achieved after the rectification and standardization of the order in the market economy.
 
经过全国范围内的集中整顿和打击,争取用一年左右的时间,使严重破坏市场经济秩序违法犯罪活动蔓延的势头得到明显遏制;后果严重、影响恶劣的大案要案得到揭露和处理;触犯刑律的犯罪分子移送司法机关得到严厉惩处;有关法律、法规得到进一步完善;执法队伍和执法力度得到加强;群众对市场经济秩序的满意程度明显提高,整顿和规范市场经济秩序的工作取得阶段性的成果。

 
III.Intensifying the efforts to crack down the illegal and criminal activities that destroy the order in the market economy and severely punish those who have committed such acts   三、加大打击力度,严惩破坏市场经济秩序的违法犯罪活动

 
(VI)We should intensify our efforts to crack down the illegal and criminal activities. Severely punishing, in accordance with the law, those who have committed illegal and criminal activities that destroy the order in the market economy is an important measure to rectify and standardize the order in the market economy. The administrative departments and the law enforcement departments must strengthen coordination and cooperation with each other and should all along keep a stress on the “strike hard” campaign. The administrative law enforcement departments must timely report and legally transfer the criminal clues found through their investigation of illegal acts to the public security departments and other relevant departments, and firmly put a stop to such phenomena existing in some regions and departments as hiding cases instead of reporting them, substituting management or criminal punishment with fines. The liabilities of those who have caused serious consequences should be strictly investigated. Efforts should be intensified, in accordance with the law, to punish those who destroy the order in the market economy, and make the misfeasors and criminals cost too much for their acts and to impose a frightening effect on them. (六)加大打击违法犯罪活动的力度。依法严惩破坏市场经济秩序的违法犯罪行为,是整顿和规范市场经济秩序的重要措施。行政主管部门与执法部门要加强协调配合,始终保持严打的高压态势。行政执法部门在查处违法行为中发现的犯罪线索,必须及时通报并依法移送公安部门及其他有关部门,坚决制止一些地方和部门存在的瞒案不报、以罚代管、以罚代刑现象,造成严重后果的要严肃追究责任。依法加大对破坏市场经济秩序行为的处罚力度,让违法犯罪者为其行为付出巨大代价,切实起到震慑作用。

 
(VII)We should severely punish various kinds of misfeasors and criminals. Efforts should be concentrated to investigate and uncover a number of major cases that involve many people or have serious negative social impact, or involve a large amount of money, or seriously destroy the order in the market economy. The principal offenders and habitual offenders should be severely punished in accordance with the law. State functionaries who collude with, cover up for or otherwise aid criminals should be thoroughly investigated and must not be appeased. Those who have violated the discipline must be strictly punished, and the liabilities of those who have violated the criminal law must be investigated in accordance with the law. (七)严惩各种违法犯罪分子。集中力量侦破一批涉及面广、数额巨大、影响恶劣、严重破坏市场经济秩序的大案要案,依法严惩一批违法犯罪的首恶分子和惯犯。对国家机关中与犯罪分子相互勾结,包庇、纵容违法犯罪活动的人员,要一查到底,绝不姑息。违纪的必须严肃处理,触犯刑律的必须依法追究刑事责任。

 
(VIII)We should establish and develop the system of rewarding the person who reports the crimes. All regions and departments should set up smooth avenues to earnestly accept the offence reports and complaints made by the people and enterprises, formulate and improve measures on report reward, raise the rewarding funds, offer ample reward to the persons worthy of merit in reporting crimes, and adopt effective protection measures to protect them. (八)建立健全举报奖励制度。各地区、各部门要建立通畅的渠道,认真受理群众和企业的举报、投诉,制定并完善举报奖励办法,筹措奖励经费,对举报有功人员予以重奖,并采取有效的保护措施。

 
IV.Deepening the reform and transforming government functions   四、深化改革,转变政府职能

 
(IX)We should further straighten out and define the government functions. The first step to standardize the order in the market economy is to standardize governmental behaviors. The governments at all levels should thoroughly cut their ties with various operational and business activities as well as intermediary institutions, and take the cultivation of market system, supervision of market operation, maintenance of fair competition, economic structuring, promotion of marketing reform, and creation of a good environment for the operation of economy as their own important responsibilities. Division of duties should be clarified between governmental departments, so as to avoid repetitive management or oversight due to overlap of functions, which impacts the order in the market economy. (九)进一步理顺政府部门职能,明确分工。规范市场经济秩序,首先要规范政府行为。各级政府都要与各类生产经营活动和中介机构彻底脱钩,把培育市场体系、监督市场运行、维护公平竞争、调整经济结构、推进营销方式改革、创造良好的经济运行环境,作为自己的重要责任。政府部门之间要明确职责分工,避免因职能交叉造成管理上的重复或疏漏,影响市场经济秩序。

 
(X)We should earnestly reduce administrative examination-approvals. We will accelerate the review of matters subject to governmental examination-approval, substantially reduce procedures for administrative examination-approval, and give play to the fundamental role of the market in allocation of resources. We will firmly abolish the administrative examination-approvals that have no legal basis or may be substituted by market mechanisms. For the administrative examination- approvals that need to be reserved in accordance with the law, the procedures should be open, and the formalities be simplified, moreover, no fees may be charged unless otherwise stipulated in the law. We will establish the system of investigating liabilities for administrative examination-approvals following the principle of combining the power of examination-approval with corresponding liabilities. (十)切实减少行政性审批。加快清理政府审批事项,大幅度减少行政性审批,主要发挥市场在资源配置中的基础性作用。对没有法律、法规依据,或可以用市场机制代替的行政审批,坚决予以废止。依法需要保留的行政性审批,要程序公开,手续简便,除法定规费外,一律不准收费。按照审批权力与责任挂钩的原则,建立行政审批责任追究制度。

 
(XI)We should break regional blockades and industrial monopolies. We will thoroughly review the rules with contents of regional blockades and industrial monopolies that have been formulated by all regions and departments. We will forbid any unit or individual to violate laws or administrative regulations for the purpose of limiting fair competition by hindering the products or project construction services of other cities and provinces from entering the local market by any means, or by covering up for or conniving such hindrance or interference. We will further accelerate the reform and the restructure of monopoly industries, promote the separation of the functions of enterprises from those of governments, strengthen competition mechanisms, extend the application of modern service methods, and realize mass operation. (十一)打破地方封锁和行业垄断。彻底清理并废除各地区、各部门制定的带有地方封锁和行业垄断内容的规章。禁止任何单位或个人违反法律、行政法规,以任何形式阻挠、干预外地产品或工程建设类等服务进入本地市场,或者对阻挠、干预外地产品或工程建设类等服务进入本地市场的行为纵容、包庇,限制公平竞争。进一步加快垄断行业的改革和重组,推进政企分开,强化竞争机制,推行现代化服务方式,实现规模经营。

 
V.Improving market laws and regulations and strictly enforcing the law. 我我我什么都没做  五、健全市场法律法规,严格执法

 
(XII)We should improve the system of market laws and regulations. We will, according to the needs of rectifying and standardizing the order in the market economy, review the laws and regulations and abolish those that do not conform to the requirements of market economy. We will, at proper times and in accordance with the statutory legislation procedures, propose suggestions on formulating and revising relevant laws, as well as formulate and revise administrative regulations. We will strengthen the publicity and education on present laws and regulations, and make the public to realize that governmental departments must administer according to law, while enterprises and individuals must abide by the law when engaging in operation. (十二)完善市场法律法规体系。根据整顿和规范市场经济秩序的需要,清理不符合市场经济要求的法律法规,按照立法的法定程序适时提出制定、修订有关法律的建议,制定、修订行政法规。加强现有法律法规的宣传教育,在全社会树立政府部门必须依法行政、企业和公民必须守法经营的观念。

 
(XIII)We should firmly rectify the phenomena of not strictly enforcing the law and not investigating illegal acts. Administering according to law and ensuring that laws be observed and strictly enforced are the important duties of the government. It is a government's negligence of duty if it does not put a stop to the acts that disturb the order in the market economy. We will strengthen the connection between the enforcement of administrative laws and that of criminal laws, establish a cooperation mechanism of information communion, convenient communication, powerful control, as well as timely investigation and punishment to crack down economic crimes. The acts of destroying the order in the market economy that constitute a crime should be timely transferred to the judicial authorities for disposition. (十三)坚决纠正执法不严、违法不究的现象。依法行政、有法必依、严格执法是政府的重要职责,对扰乱市场经济秩序行为不予制止是政府的失职。加强行政执法与刑事执法的衔接,建立信息共享、沟通便捷、防范有力、查处及时的打击经济犯罪的协作机制,对破坏市场经济秩序构成犯罪行为的,及时移送司法机关处理。

 
(XIV)We should strengthen the integrity of law enforcement institutions and officials. We will further improve the equipment of law enforcement institutions and strengthen the infrastructure construction of the system of law enforcement. We will strictly implement the provisions on “revenue and expenditure through two lines” in respect of administrative charges as well as confiscated and fined incomes, and firmly rectify the phenomena of mixing revenues and expenditures in various forms. At the same time, financial allocation will be increased to ensure the needs of expenses for handling cases. We will strengthen the integrity of law enforcement officials and make efforts to improve their professional skills and law enforcement abilities, raise work efficiency, severely punish corrupt State functionaries and expel them from the law enforcement institutions. (十四)加强行政执法机构和执法队伍建设。进一步改善执法机构装备,加强执法系统基础设施建设。严格执行行政性收费和罚没收入“收支两条线”的规定,坚决纠正各种形式的收支挂钩现象。同时,要增加财政投入,保证办案经费需要。加强执法队伍建设,努力提高执法人员的业务素质和执法水平,提高工作效率,从严惩治并清除执法队伍中的腐败分子。

 
VI.Improving the market supervision mechanism and intensifying the efforts on supervision and management   六、完善市场监督机制,加大监管力度

 
(XV)We should accelerate the construction of the systems of information network supervision and management such as the projects of “Golden Customs”, “Golden Taxation”, “Golden Financial Electronization”, and “Golden Police”, etc.. We will strengthen market supervision and management by means of information technology. The networking of the established electronic system for supervision and management should be realized as soon as possible, and the networking between relevant departments should be accelerated, so as to realize the exchange and communion of information on supervision and management, give full play to the function of hi-tech in the rectification and standardization of the order in the market economy. For the departments and units which are slow in the construction of information network supervision and management means, the liabilities of the leader in charge may be investigated on the basis of the seriousness of the case; while for any leader who intentionally set up obstacles thus seriously impact market supervision and management, he should be dismissed from his position. (十五)加快建设“金关”、“金税”、“金卡”、“金盾”工程等信息网络监管系统。以信息技术为手段,强化市场监督管理。已经建成的电子监管系统要尽快实现全国联网,并加快相关部门之间的网络互联,实现监管信息交流和共享,充分发挥高新技术在整顿和规范市场经济秩序中的作用。信息网络监管手段建设进展迟缓的部门和单位,可视情节轻重追究主管领导的责任;故意设置障碍严重影响市场监管的,要撤销其领导职务。

 
(XVI)We should establish and improve a system of public supervision mainly composed of industrial self-discipline, press scrutiny and people's participation. We will give full play to the functions of such organizations as chambers of commerce and industrial associations, etc., meanwhile educate, supervise and restrict enterprises to consciously abide by the laws and regulations. We will further strengthen the role of TV, radio, newspapers, periodicals, the Internet and other media in facilitating supervision through public opinion, intensify the efforts to disclose major cases and publicize the investigation and punishment, uphold the good and suppress the bad. This will create a vigorous atmosphere of public opinion for rectifying and standardizing the order in the market economy. We will enhance the quality awareness and safety awareness of the whole people. Everyone should consciously reject fake and shoddy commodities and put a stop to the acts in violation of safety rules, so as to maintain his own legitimate rights and interests. We will further give full play to such functions as service, communication, notarization and supervision of public intermediary institutions, which are an important party to maintain the order in the market economy. (十六)建立健全以行业自律、新闻监督、群众参与为主要内容的社会监督体系。充分发挥商会、行业协会等组织的作用,教育、监督、约束企业自觉遵守法律法规。进一步加强电视、广播、报刊、网络等媒体的舆论监督,加大对大案要案的披露和对查处工作的宣传报道力度,扶正压邪,形成整顿和规范市场经济秩序的浓厚舆论氛围。提高全民质量意识和安全意识,人人自觉抵制假冒伪劣商品,制止违反安全规程的行为,维护自身合法权益。社会中介机构作为维护市场经济秩序的重要力量,要进一步发挥其服务、沟通、公证、监督的功能。

 
VII.Strengthening the education of morality, establishing and improving the public credit system   七、加强思想道德教育,建立健全社会信用制度

 
(XVII)We should rule the country both according to law and by high moral standards. We will carry out the education of morality in respect of honesty and faithfulness throughout the society, make efforts to establish the system of morality suitable for the development of socialist market economy, so that the whole people will consciously observe the order in the market economy, morality will be built up, and social ethos will be better. (十七)把依法治国和以德治国结合起来。在全社会进行诚实守信的思想道德教育,努力建立适应社会主义市场经济发展的思想道德体系,使全体人民自觉遵守市场经济秩序,形成良好的道德风尚,带动和促进社会风气的进一步好转。

 
(XVIII)We should establish and improve the public credit system suitable for market economy system. The lack of credit has not only distorted economic relations and increased the cost of public transactions, but also undermined the social ethos. This has become a conspicuous problem that impacts the healthy operation of China's economy. Therefore, we should gradually establish enterprise economic file system and individual credit system, so as to prevent such illegal acts as commercial fraudulence, deliberate default and evasion of debts. (十八)建立健全符合市场经济体制要求的社会信用制度。缺乏信用不仅造成经济关系的扭曲,社会交易成本增加,而且败坏社会风气,已经成为当前影响我国经济健康运行的一个突出问题。因此,要逐步建立企业经济档案制度和个人信用体系,防止商业欺诈、恶意拖欠及逃废债务等不法行为的发生。

 
VIII.Strengthening leadership and defining the corresponding responsibilities   八、加强领导,分工负责

 
(XIX)We should establish the work pattern of “unified leadership throughout the country, responsibilities to be taken by local governments, direction and coordination by departments, and joint actions by all parties”. (十九)建立“全国统一领导,地方政府负责,部门指导协调,各方联合行动”的工作格局。

 
1.We will establish a leading team and an office (in State Economic and Trade Commission) for the rectification and standardization of the order in the market economy throughout the country. The main task of the leading team is as follows: to lead the rectification and standardization of the order in the market economy throughout the country; direct, deploy and coordinate all items of specific rectifying actions; regularly inspect the work progress of all regions and departments; and timely report to the State Council on the important matters in the rectification and standardization of the order in the market economy. 1.成立全国整顿和规范市场经济秩序领导小组,并设立办公室(设在国家经贸委)。领导小组的主要任务是统一领导全国整顿和规范市场经济秩序的工作,指导、部署和协调各项专项整治行动;定期检查各地区、各部门的工作进展情况,及时向国务院报告整顿和规范市场经济秩序中的重大事项。

 
2.We should implement the provincial governor (autonomous regional chairman, municipal mayor) responsibility system. Each provincial (autonomous regional, municipal) government should lead and organize the rectification and standardization of the order in the market economy within its own region. Each region should also determine the main area of the local rectification, carry out specific deployment and strengthen the supervision and inspection. For a region where efforts have not been sufficiently made in the rectification and where the chaos in the order in the market economy has not been effectively treated for long, the liabilities of the main and relevant persons in charge at that place should be investigated in accordance with the law and discipline; if a crime is constituted, criminal liabilities should be investigated in accordance with the law. 2.实行省长(主席、市长)负责制,由省(区、市)政府组织领导本地区的整顿和规范市场经济秩序工作。各地区也要确定本地的整顿工作重点,进行具体部署并加强监督检查。对整顿工作不力,市场经济秩序混乱而又长期得不到有效治理的地区,要依法、依纪追究当地政府主要负责人和有关负责人的责任,构成犯罪的要依法追究刑事责任。

 
3.All departments under the State Council should earnestly undertake the responsibilities according to their respective duties to rectify and standardize the order in the market economy in their respective competent fields. With regard to the issues listed in the rectification scope of countrywide priorities, the unified deployment of the State Council should be followed to carry out specific rectification deeply; while with regard to the issues not listed in the said scope, the specific contents of rectification and standardization should be determined and the measures for dealing with both the phenomenon and the essence should be proposed. Each department should propose as soon as possible regulations and policies that are in accordance with these Decisions, assist the government at all levels in carrying out trainings for governmental functionaries, and direct the local governments to strengthen the investigation and punishment on major cases with countrywide impact. We should strictly enforce the law, reform while rectifying the order, transform government functions, set up rules and systems, improve laws and regulations, and continue to consolidate the achievements obtained from rectifying and standardizing the order in the market economy. 3.国务院各部门要按照职责分工,对主管领域市场经济秩序的整顿和规范工作,切实负起责任。对列入全国重点整顿范围的问题,要按照国务院的统一部署,深入开展专项整治;没有列入全国重点整治范围的,也要确定整顿和规范的具体内容,提出标本兼治的措施。各部门要尽快提出同本决定配套的法规和政策,协助搞好对各级政府公务员的培训,并指导地方政府抓好在全国有影响的大案要案的查处工作。要严肃执法,边整边改,转变职能,建章立制,完善法律法规,不断巩固整顿和规范市场经济秩序的成果。

 
4.All competent administrative departments and law enforcement departments should support each other, cooperate closely, strengthen coordination while rectifying and standardizing the order in the market economy, so as to form a joint force. The regions and departments should carry out joint actions and cooperate with each other when investigating and punishing those who committed trans-regional illegal acts. All departments should base themselves upon the overall situation for the work and try to avoid shift of responsibilities onto each other, disputes and too excessive policies. 4.各行政主管部门和执法部门,在整顿和规范市场经济秩序工作中,要相互支持,密切合作,加强协调,形成合力。在查处跨地区的违法活动时,地区、部门之间要联合行动,相互配合。各部门在工作中要从大局出发,力戒政出多门、互相推诿扯皮。

As the rectification and standardization of the order in the market economy are a heavy task which is urgent and involves many factors and relationships, and also relies a lot on policies, all regions and departments should follow the unified deployment of the State Council, determine work priorities in conjunction with the actual circumstance, propose schedule requirements, strictly carry out the rectification in accordance with the law, and maintain the enterprises' normal production and operation activities. Such regions and departments should combine rectification with standardization, and make the order of the market economy fundamentally better, so as to create a good environment for economic and social development.
 
整顿和规范市场经济秩序,是一项时间紧、任务重、涉及面广、政策性强的工作,各地区、各部门要按照国务院的统一部署,结合实际确定工作重点,提出时间和进度要求,严格依法进行整顿,维护企业的正常生产经营活动。在规范中整顿,在整顿中规范,通过整顿和规范使市场经济秩序得到根本好转,为经济和社会发展创造良好环境。

The State Council
 
国务院

April 27, 2001土豪我们做朋友好不好

 
二○○一年四月二十七日
 
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