In order to transform government function and deepen “decentralization-control-service" reform, Shanghai Municipal People’s Government has now issued an implementing suggestion list to standardize the interim and ex-post regulations. Details as follows:
The main goals of this implementing suggestion are to improve regulatory methods, set a specific, fair, open and efficient regulating system, build an ordered market environment, stimulate vitality of market entities and push high-quality development of economy within 2 to 3 years.
The department for approval or the department in charge shall take responsibility of interim and ex-post regulations for their approving or guiding issues. For those issues which are already cancelled, the department in charge shall be responsible.
Regulatory methods are going under improvement. Strengthen the application of big data technology, promote "Internet + supervision" using new technologies like the Internet of things and artificial intelligence. Use credit as a basic tool to act credit regulation as credit rating evaluation. Improve the differentiated regulatory mechanism, accurate implementation of classified regulation in the fields of production safety, foods and drugs, local finance, private education and civil defence. Build risk prevention and control system, strengthen the implementation of risk supervision especially in high-risk industries, key projects, key fields and key commodities. Enhance the cooperation between departments and build a cooperative regulation system linked approval, regulation, enforcement and judiciary. Pay attention to guide the standard, correct the first minor illegal behavior of enterprises in time, and expand the coverage of minor illegal behavior list which may not be punished.
All parties shall play roles in the construction of social co-governance. Lead enterprises to self-discipline and self-management, and strengthen the primary responsibility of market entities. Explore industry autonomy, give full play to the self-discipline role of trade associations and chambers of commerce. Set methods as whistleblower and inner informer to complete social supervision, restriction and punishment system.
Standards and publicity of the regulation are going to be upgraded. Improve rules, standards and administrative law enforcement discretion benchmarks as the publicity of administrative law enforcement, the whole-process recording of law enforcement, and the auditing of the major law enforcement decisions to ensure transparency.
Improve regulatory effectiveness in law enforcement and evaluation. Build a high-quality, professional and specialized regulation and enforcement team, set evaluations for working efficiency, social effect and managing result through informatization.
Strengthen the protection by the rule of law and promote the legislation, revision, abolishment and interpretation of local laws and regulations, government rules and normative documents.
If you want to read the complete article, you can refer to the below link (in Chinese only): http://www1.shanghaiinvest.com/cn/viewfile.php?id=15415
If you have any question, please contact me.
Partner: Mr. Mike Chang
TEL: 0086-21-68868321 / FAX: 0086-21-68868021