Local protectionism

Philosophical terminology

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Local protectionism refers to the tendency of local authorities and their members of the regime to abuse or passively exercise their power in violation of the central/national policies/regulations to safeguard or expand local interests.

Chinese name: Local protectionism
Main body: Local institutions of the regime and their members

Mode: Ways of violating central/national policies/regulations
Type: Negative exercise of power in hand

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▪ structural reform
▪ Administration according to law
▪ economic reform
seven Advantages and disadvantages analysis
eight Significance

Basic Introduction

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Local protectionism refers to the Local institutions And its members, in violation of the central/national policies/regulations, to abuse or passively exercise their power to maintain or expand local interests. Although the manifestations of local protectionism are diverse, and the causes of local protectionism vary widely, in summary, there are three aspects: institutional reasons, humanistic reasons, and legal deficiencies.

The so-called local protectionism means that the local government uses its administrative power to implement economic policies against local enterprises and non local enterprises Differential treatment , protect local enterprises, or provide protection umbrella for their illegal activities such as manufacturing and selling fake products, or violating environmental protection regulations such as pollution. Also, for inter enterprise recombination . Consolidation administrative intervention Or only allow their own enterprises to merge other enterprises, instead of letting other enterprises merge their own enterprises.

With the administrative reform of decentralization and profit transfer and the financial system reform of "eating from different cooking stoves", local governments not only have a greater right to allocate resources, but also have relatively independent economic interests. It is on the basis of this localization pattern that the government system of our country actually shows competitiveness. This kind of competition of local governments is like market competition, which can only operate normally under a certain order framework. Vicious competition It will lead to local protectionism. To overcome local protectionism, it is necessary to establish and maintain an open, fair and just competition rule system and framework, so as to transform vicious competition into benign competition.

Local protectionism is an important obstacle to hinder and interfere with the establishment of the socialist market economy system. Effectively combating and eliminating local protectionism is to promote the establishment of fairness, competition, openness and unity Socialist market It is also an important part of the current rectification and standardization market economy An important task of order work.

critical factor

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Institutional reasons

A common problem in a country is inevitably related to the system. When many scholars study the causes of local protectionism, it is correct to start from the system. However, because the system itself contains many elements, many researchers fall into the list phenomenon when they carry out specific analysis vortex It is hard to get the key. The system is nothing more than the basic pattern formed by the main body's distribution and redistribution of power and interests. Therefore, it is not difficult to find the source of local protectionism by analyzing the basic pattern of the distribution of power and interests at the national and local levels under our current system.

First, the imbalance of interest mechanism

From the analysis of local (departmental) interests, overall situation The relationship between the (central) interests and the interests of the parties begins. No matter how the interests of these three parties are distributed, as long as the independence of their existence is recognized, there must be a problem of self-protection. It can be seen that the problem is not only about who is big, who is small, who has more, who has less, because no matter how big or small, as long as it is their own part, they always have to protect it. It is reasonable to protect their legitimate rights and interests. Our Constitution gives local people's congresses the power to formulate local laws and regulations according to the actual situation in their own regions, So as to confirm the existence and maintenance rationality of local interests. Similarly, it is reasonable and legal for local governments to change the backwardness of the region within the established boundaries, improve the lives of local residents, and expand their financial and material resources at their disposal. The problem lies in this "expansion": can specific interest targets be expanded? If it can be expanded, are the ways and means of expansion legal? This is the crux of the matter. Obviously, from the perspective of China's legal level, this question cannot be answered systematically and accurately.

First of all, our understanding of the issue of benefit distribution is still at a rather "extensive" stage, that is, we only focus on the number and size of the slice distribution, and try to find a simple proportional relationship of size, and some even try to determine the proportional relationship of experience, which is obviously too simplistic. With the continuous progress of social economy, the interests are diversified and Stakeholders The diversification and complexity of the power system is far from being solved by a simple proportional relationship. The power system is determined only by the size of the power system. If you are afraid of collecting when you put it away, you should make more money as soon as possible. Local protectionism is rampant; Be prepared to let go when you stop. On the one hand, be lifeless, and on the other hand, quietly leave a hand, forming a vicious circle of "policy on the top, countermeasures on the bottom". Every time this cycle occurs, local protectionism increases by one point.

Local interests and Overall interests There must be a proportional relationship between size and scale, but this proportional relationship must be a dynamic balance process. It depends on experience to solve the problem of moderate maintenance in what state. What is pursued here is a "moderate state", rather than a simple quantitative proportional relationship. Obviously, it is difficult for us to estimate the appropriate state of this dynamic balance, and it is difficult to make a legal determination. This is Localism The root cause of flooding.

Secondly, we have no way to define the legal boundaries of local interests economic levers The result is that the boundaries of interests are not clear. Local protectionism takes the opportunity to devour national interests and reject the fair competition of legitimate interests in other places. Sometimes even foreign investment, which comes from their own efforts to attract investment, is eroded. In order to meet the current utility, they are willing to destroy the environment and plunder resources. In a certain period, it is more complicated and "delicate" to accurately grasp the legal boundaries of local interests with relatively certain norms than to adjust the quantity with proportion market economy This problem is not easy to solve in countries that are not yet mature and have an imperfect legal system, which gives great room for local protectionism.

Local protectionism

Thirdly, when the interests of the three parties conflict, we do not have a set of specific operational methods to solve the problem, only some major principles. Originally, if the dynamic balance of the interests of the three parties can be given a moderate standard for legal identification, and there is a set of norms to identify the boundaries of local interests, then only some principles are needed to solve the conflict of interests of the three parties. However, because there is no such thing, the conflict of the interests of the three parties becomes apparent and regular. Because of the dual identity of local government, which is the representative of both local interests and national interests, its irrational tendency to solve the conflict has long been formed, and the interests of the two parties have been assimilated and occupied between the vagueness and confusion.

Finally, we study the legitimate interests of the parties as the opposite of local protectionism. (1) Local protectionism must regard the interests of the parties in other places as the object of erosion, otherwise it will not form local protectionism, so the legitimate rights and interests of the parties must be the confrontation factor of local protectionism. (2) Local protectionism mainly uses the regional power formed in China's history to erode the legitimate rights and interests of other regions, and the interests of the parties are obviously at a regional disadvantage. (3) The interests of the parties and local protectionism are still in a position of inferiority when they are confronted with each other. Local protectionism has various reasons to crown it, and it can be easily swallowed up. (4) The interests of the parties as personal interests have never received due attention. When the interests of the three parties conflict, they are often the object of sacrifice. (5) Because the unnecessary sacrifice of the interests of the parties to the common people has immediate pain, the judicial inability to protect the legitimate interests of the parties has become a hot issue in today's society. (6) For the legitimate rights and interests of the parties Judicial guarantees Its value and significance is no less than the protection of national interests - this is a common understanding of a country with a legal system, but it has not yet attracted enough attention in our country! As a result, the interests of the parties are not timely obtained when they confront with local protectionism judicial remedy , unintentionally contributed to the vicious expansion of local protectionism.

The above analysis shows that due to the national Basic economic system In the process of social development towards a market economy Diversification of interest subjects ， Diversification of interest objects The relationship between local interests and overall interests has become more complicated, from the simple proportional relationship of planned economic management to the current Market law There is no empirical understanding of the appropriate state of this dynamic balance, so it can not be identified from the legal principle. The definition of the legal scope of local interests is not achieved overnight, and is far from forming systematic and definite norms. Since the historical regional power and the identity advantages of local governments are not constrained by these norms, it is inevitable to infringe on the interests of the parties in other regions and local regions who are in a position of identity disadvantage - this is one of the basic causes of local protectionism.

Local protectionism

Second, the function orientation is biased

The essence of local protectionism is to intervene in the economy, intervene in justice, and abuse public power for personal gain driven by interests. This essence suggests two aspects: first, Local government power Without an effective constraint mechanism, some powers that should be stripped and abolished are still clinging to. Second, Government power There is deviation in the direction of exercise, in order to pursue local interests Sectoral interests The interests of small groups are sometimes even used for the private interests of some leading cadres administrative power There have been a lot of phenomena, which is the manifestation of the imbalance of the power mechanism. From the perspective of the government, it is the deviation of its own function orientation. In the process of the gradual transformation from a planned economy to a market economy, the state first weakened the highly centralized power, stripped some of its powers and functions, gave local governments relatively independent, free and relaxed self-determination rights, and actually recognized local governments as relatively independent Stakeholders 。 However, the power "vacuum" formed by the retreat of the state's centralized power should be filled by local governments, and most of the powers that local governments should divest and abolish are still clinging to. This has led to the formation of "monstrous giants" with privileges and huge wealth participating in the "game" of the market economy unequally (this is the image of "official businessmen"). Local protectionism has spread with the emergence of "official businessmen". When the market economy further matures and the "rules of the game" of the market gradually take shape, forcing the separation of officials and businesses, it fails to fundamentally solve the problem, because the central government can no longer follow the old path of centralization, and the operation of state property and the exercise of state power still need the local governments to go deeper and deeper. The leverage of local governments to make profits has not been removed, and the national capital to make profits is still in their hands, which forces us to think about such issues: Functions of local government How should it be positioned properly? This question contains several aspects that need to be clearly defined: first, what is the standard for moderation? Is it based on central control and management, or is it based on adapting to and promoting the development of the market economy? Second, is the local government a direct participant in the market, or a cultivator and guardian of the market environment and the arbiter of the fairness of its "rules of the game"? Third, the value orientation of local government behavior is to be responsible to the superior or to the local people? Fourth, what powers should local governments exercise and how to exercise them according to law? What powers and functions should be stripped and abolished?

Local People's Court and Local People's Procuratorate Similar problems also exist in the functional positioning of. On the one hand, they are the direct representatives of state power and are strictly separated from local governments; On the other hand, they mainly serve the opposite Administrative level When the two functions contradict each other, what principles should be followed to deal with them? People's Court 、 People's Procuratorate There should be supreme authority when exercising state power, but how can this authority be reflected when people, money and things cannot be mobilized?

Obviously, as far as our power mechanism is concerned, we cannot answer the above questions satisfactorily.

Local protectionism

First of all, there is no systematic and mature power mechanism to correct the bias of local government function positioning. Power is expansionary and aggressive, "no Power restriction Our power is the greatest evil "; After the old highly centralized power was broken, the power of the local (department) filled in was not constrained by other powers, which led to the abuse of power and the prevalence of local protectionism. Secondly, in terms of the allocation of power mechanism, we inevitably Procuratorial power The jurisdiction and state administration are based on the geographical and Administrative level It decomposes layer by layer without taking into account the high independence and authority of these two powers. Unintentionally weakened the most powerful means of legal monitoring. Because the people, property and real rights that the local procuratorial power and judicial power only rely on are subordinate to local government departments, local protectionists do not take the initiative to accept the supervision of the law. Instead, they require local judicial organs to provide judicial asylum, or exploit legal loopholes, or interpret the law in favor of local interests, or fabricate facts to conceal the truth, We should do a lot of local protectionism.

To sum up, under the condition of unbalanced and abnormal operation of the two core elements of the system - interests and power mechanism, there is a huge space for local protectionism to survive and expand. When unlimited power and unlimited pursuit of interests are combined, local protectionism is rampant. This is the basic source of local protectionism.

Humanistic reasons

Local protectionism

Since local protectionism originated in China, it is bound to be inextricably linked with Chinese culture. The golden mean of Chinese culture and its great affinity, especially the recognition and exclusion phenomenon slower than the region, are the humanistic environment for the survival of local protectionism. There are three main ways in which this humanistic environment breeds local protectionism:

Category I: Geographical affinity And directly breed local protectionism. The humanistic phenomenon of regional affinity originates from the natural phenomenon of animals' living on land. Animals always use various ways to live on land, such as throwing feces, leaving fur and smell on rocks or branches, leaving paw prints on the land, and setting up warnings for other animals' invasion, which has become an out and out local protectionism. Evolving to the regional affinity of human beings and their governments Humanistic phenomenon When there is a conflict between the interests of the region and those outside the region, the people in the region always try to safeguard the interests of the region. This is the general manifestation of current local protectionism.

Category II: a middle course Unprincipled tolerance and numbness indirectly provide a natural barrier for local protectionism. It has formed a dark level of social consciousness that everyone shouts to fight but does not want to fight; It's none of your own business; More is better than less ； Do not be too extreme... All these are the contents of the traditional mean that should be denied and criticized. This inferior traditional culture has created a dark social consciousness and connived at many fake and deceptive tragedies, which need no illustration. Some local governments and law enforcement departments turn a blind eye to the serious problems in the region, call for fighting instead of fighting, and indulge in shielding, which is due to this unprincipled tolerance and immoral numbness.

The combination of the above regional affinity and the unprincipled golden mean can easily breed local protectionism Interest mechanism If they are guided and restricted, the breeding and overflow of local protectionism is inevitable.

The third category: the traditional culture's consciousness of "helping the world" forces out local protectionism. "To serve as an official is to benefit one party", which is a typical embodiment of the traditional idea of helping the world in today's society. Compared with those who eat fish and kill people, abuse people's lives, and use power for personal gain, this remark really shows that officials have a high sense of responsibility for their responsible regions and matters. However, from the perspective of the rule of law, its one-sided nature is quite obvious. First of all, it reverses the relationship between "public servant" and "master", and conceals the role of the people as the masters of the country as the main force in the regional social development. Secondly, it absolutes the "benefit" and fails to reflect the various means needed to improve social welfare. As the savior of "benefiting", if there is no obvious "achievements" during the term of office, there is no capital to be an official. Therefore, we took measures to seek quick success and instant benefits. In order to attract foreign investment, we introduced various special policies, even at the expense of national interests as preferential conditions; In pursuit of vested interests and immediate interests, they are willing to sacrifice long-term interests or even social order and good will to shield and connive at various illegal economic acts; From the good intention of benefiting the party at first, it went to the opposite side.

The above negative effects of traditional culture, first of all, play a role in people's ideology, and combine with the established people (government officials) 'existing cultural qualities to form their basic views on social life and their own undertakings, thus congenitally determining the basic aspects of their behavior. Where local protectionism is serious, it is often accompanied by the general low quality of leading cadres and the degeneration of ideology, which is the evil result of relaxing ideological and political education and letting go of the negative impact of traditional culture and the arbitrary erosion of other negative reactionary ideas.

Local protectionism

Lack of legal system

Local protectionism

We mainly talk about three aspects of the so-called lack of legal system. First, the rule of law is not omnipotent. It has its inherent blind spots. For example, aspects that cannot be included in the scope of the rule of law when there is no consensus on controversial matters are also breeding grounds for local protectionism. For example, there are no laws and regulations to regulate the production and sale of sex products in China, which has led to the production and sale of fake and inferior sex products and even the production and sale of yellow Open the door of convenience And then form a local umbrella against anti pornography and illegal competition and other law enforcement behaviors.

Second, because the rule of law is not long, there are loopholes in legislation and justice. We have previously analyzed that because the dynamic balance of local and global interests has not yet found an appropriate state, and because the boundaries of local interests and global interests are not clear, the central and local authorities have unclear boundaries in matters of power, property rights, financial rights and other aspects, which restrict each other and fail to be defined by specific, clear and authoritative laws, which are major flaws in the legal system, It is also used by local protectionism.

Third, there are problems in the legislative and judicial mechanisms in China. According to the general practice of legislation in China, before the draft law is formally submitted to the state organ for voting, it is generally submitted to local and departmental discussion. In a positive sense, such discussion and consultation are conducive to improving the quality of legislation, but its negative impact cannot be ignored: because legislation involves different interests in different places, the coordination process is difficult and the delay is long, And it is easy to mix some unreasonable local (departmental) interest requirements. In particular, with the weakening of government functions and transformation and administrative means, the awareness of striving for and safeguarding their own interests through legislation has become stronger and stronger. Why not try every means to put their own things into the legislative process, since they have passed their own legislation? This method of exerting influence on legislation is a new form of local protectionism.

The lack of legal system is not only reflected in legislation, but also in law enforcement and justice. For example, the establishment of local people's courts at different levels corresponds to the establishment of administrative organs at different levels. Without taking into account the high independence and authority of the people's courts, and without giving people's courts at all levels independent control over people, property, and real rights, it is impossible to fundamentally solve the long-standing problem that people's courts actually fail to exercise judicial power independently.

Basic strategy

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Local protectionism

Through the analysis of the above three basic aspects, we realize that the root cause of the rampant local protectionism lies in the abnormal operation of the two basic elements of the current system - interests and power. The old mechanism of interests and power has been broken, while the new mechanism of interests and power that meets the requirements of the operation of the market economy has not yet formed. Other factors, such as humanistic factors, the weakening of right and wrong ideas, the darkening of social consciousness, and the degeneration of the ideology of some leading cadres; Another example is that there are many loopholes in legislation and judicature, and many problems cannot be solved by current laws. These are power mechanisms and Interest mechanism Different results of abnormal operation under unbalanced state. So just grab Checks and balances of power The core issue of balancing interests will be solved.

Normative system

Establish a systematic normative system to identify the legitimacy of local interests and their subject boundaries. Although such a system is complex and has a long time span, we already have the basic concept of market economy and the rudiments for analysis. It is entirely possible to conduct qualitative and quantitative analysis on the basic aspects of local interests. The key is that we did not make up our minds to do so because we were worried about lack of experience. Through such analysis, the following problems may generally be solved: (1) Identification Stakeholders Legitimacy of; (2) Identifying the legitimacy of the existence of interests; (3) Determine the legitimacy of the way of obtaining interests; (4) Determine the legal boundary of the object of interest. If we really obtain the above basic methods of identification on the basis of a large number of investigations and studies, we can judge whether the protection of local interests exceeds the necessary limit from the legal principle, and whether measures should be taken to prevent it.

Clean up and rectify

Secondly, the state power and local governments Government power A comprehensive clean-up and rectification has become a top priority! Deeply developed power mechanism. The core of rectification is to establish a power mechanism suitable for the in-depth development of the market economy. That is, (1) List the powers and functions that the government should strengthen, weaken, divest and abolish and enforce them. The administrative power that should be strengthened should never allow weakness and incompetence. The powers and functions that should be stripped and abolished should be resolutely stripped and abolished. (2) Readjust the allocation of internal authority to establish Administrative power The internal constraint mechanism of. (3) Establish and publicly exercise the procedures of authority, so that the external supervision mechanism can play a role. The exercise of administrative power must have its fixed procedure, and must be reasonable and legal. It must resolutely put an end to the arbitrariness of administrative acts and the clandestine operation of administrative acts. The above goals can be achieved by cleaning up and rectifying the power of governments at all levels. If an organ or a government at all levels really does this, where can the local protectionism of abusing power hide?

Study the relationship between legislation, justice and administration

Third, we should re study the high independence of the relationship between legislation, justice and administration. The system of the local people's courts and local people's procuratorates under which people, property and real rights are subordinate to the local government seems to be out of place Judiciary Become a tool of local protectionism, and effectively use the last and most powerful legal supervision To overcome local protectionism by means of means, local judicial institutions must be given the authority to directly exercise state power, and the people, property and property rights that rely on the exercise of this authority must be independent from the control of the local government.

The above three items solve the system problem and are "hardware". There must also be a fourth solution to the ideological "software" problem. Modern leading cadres increasingly require high cultural literacy, clear legal concept, bright "public servant" thought and thorough service consciousness. To achieve this state, we must carry out regular ideological and political education, let advanced ideas seize the commanding heights of ideology, avoid the negative impact of the old cultural consciousness, and avoid the degeneration of ideas in the abnormal operation of rights - this must not be written on paper as an empty mouthpiece but as a basic strategy.

Form of expression

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Local protectionism

Local protectionism refers to the local government or its subordinate departments, in order to protect local economic interests or Political interests , violate national laws and regulations, use administrative power to interfere in the market, manipulate the market , setting Market barriers , destroy the market mechanism and restrict the participation of goods or services produced or provided by non local enterprises in fair competition. In essence, local protectionism means that local government departments only care about local interests, regardless of national and collective interests Abuse of administrative power Performance. The main manifestations of local protectionism are:

Qualifying objects

（1） Restrict or in disguised form restrict local enterprises, units or individuals to only operate, purchase and use local products or only accept local enterprises Other economic organizations Or services provided by individuals. In order to safeguard their local interests, some local governments administrative decree Or issue documents to support local enterprises and products by coercive means. The most prominent products are: tobacco, alcohol, drugs, cement, coal, automobiles, etc; The most prominent areas are: construction, insurance, medical care, etc. For example, Urumqi New urban area Ergong Sub district Office The document stipulates that Xinpi Group is the only dealer of night market beer of the railway bureau within its jurisdiction, and all the stall owners are only allowed to sell Xinjiang beer. Xinjiang Production and Construction Corps Agricultural Seventh Division 、 Eighth Agricultural Division It is stipulated that all major engineering projects should be contracted by the Corps construction enterprises; The Seventh Agricultural Division also requires that the steel doors and windows used in all engineering projects must be the products of an enterprise of the division.

Set up barriers

（2） Set up barriers to obstruct and restrict the entry of foreign goods or services Local market

1. Raise the "threshold" for foreign products and services to enter the local market. Put forward higher technical requirements for foreign products or services than local products or services, or take technical measures such as repeated inspection and certification to increase the cost of foreign products entering the local market, so as to restrict foreign products or services from entering the local market.

2. Add Discriminatory Pay Service. To set discriminatory prices for the entry of foreign goods or services, or to impose discriminatory charging standards, so as to weaken the competitiveness of foreign goods in the local market. Some places even apply different standards of naturalization fees for cars produced in foreign countries to enter the local market.

3. Restrict local commercial institutions from selling some products from other places. In some places, special products or services Franchise 、 monopoly , licensing, and even forbidding local commercial institutions to distribute some products from other places. Once found, they may be confiscated, fined, or even revoked their business licenses.

4. Set up checkpoints to block the entry of foreign products Local market 。 Some local governments set checkpoints on roads, stations, ports, airports or the boundaries of their administrative regions to prevent foreign products from entering the local market by means of seizure.

Industrial monopoly

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（3） Use the special monopoly position of the administrative department in the market Industrial monopoly Because the current problem of the separation of government and enterprise has not been completely solved, some government agencies not only exercise the government's Administrative functions And directly participate in profit-making production and business activities. In order to increase Sectoral interests By taking advantage of its special status of "one team, two brands" or its monopoly position in the market, it will implement industry monopoly and restrict other enterprises, especially foreign enterprises, from participating in market competition. Tobacco Monopoly 、 wine monopoly , postal service, telecommunications, power and other departments all have such problems to varying degrees.

In addition, driven by departmental interests, some administrative departments force enterprises or consumers to purchase designated goods or services from time to time. For example, the health and epidemic prevention department will issue Hygiene license To compel operators to purchase their designated disinfection cabinets thimerosal ; The public security fire department restricts users to purchase the designated Fire Equipment ; The city construction management department stipulates that the billboard advertisement can only be produced and released by an advertising company.

Intervention in law enforcement

（4） Direct intervention by means of administrative orders Administrative law enforcement And judicial work

Some local government leaders, in order to protect local economic interests, ignore the Party discipline and national laws and violently interfere with the normal law enforcement behavior of administrative law enforcement agencies and judicial organs. Some places Counterfeit and shoddy goods Rampant smuggle and traffic in smuggled goods The serious phenomenon and the prominent problem of tax evasion are directly related to the connivance and support of local governments.

1. Obstruct or interfere with the investigation and punishment of economic violations by administrative law enforcement agencies. In order to protect local backbone enterprises and foreign-invested enterprises, some local governments have stipulated that without the approval of local government leaders or their designated departments, administrative law enforcement departments shall not enter enterprises to inspect and enforce laws and perform their statutory duties. For example, a foreign-invested enterprise engaged in shoe manufacturing in a district of Chongqing has Mass production Counterfeit“ Nike ”Many kinds of fake and inferior products such as shoes, but the local government has listed the enterprise as a key foreign protection enterprise in order to highlight its "political achievements". The law enforcement personnel are not allowed to enter the factory for inspection without the approval of the relevant departments, which has led to the failure to investigate and deal with its illegal acts Fake and inferior products A large number of them flowed to Shanghai, Guangzhou and other places, and were finally sent to other places business circles The Customs Department shall investigate and deal with the case.

2. Accommodation and appeasement of economic violations make it difficult for administrative law enforcement to be in place. For example, a key textile backbone enterprise in a district of Chongqing, Mass production The illegal income from counterfeiting motorcycles is nearly 300000 yuan. When Administration for Industry and Commerce When the case was investigated and dealt with, the local leaders concerned said hello and asked for minor punishment, which should have been transferred to the judicial department for investigation Corporate crime In the end, the responsible case can only be subject to administrative punishment, symbolically "expressing" it.

3. Twist judicial justice To protect local enterprises from illegal acts. Some local governments even Procuratorial organ 、 Judicial organ As a tool to protect local economic interests, it seriously distorts the impartiality of the judiciary. Some law enforcement agencies in other places have worked hard to verify Enterprise economy After the crime, the local government immediately rejected the administrative law enforcement agencies in other places through the local judicial organs on the grounds of protecting "large profit and tax households" and "economic talents". Some local judicial organs exercise jurisdiction at will and file and accept cases that are beneficial to local economic interests, while cases that are unfavorable to local parties either refuse or set obstacles, and try every means to prevent law enforcement.

Genesis

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Local protectionism

There are many reasons for the emergence of local protectionism. The fundamental reason is that some local government leaders have weak party spirit and weak sense of the overall situation. They only care about the local situation and ignore the overall situation; Focusing only on local affairs, ignoring the central government; They only care about the immediate, regardless of the long-term, and some even ignore the Party discipline and national laws in order to protect local interests. In addition, other reasons for local protectionism include:

Incomplete laws

The legislative work against local protectionism is relatively backward, and there is a lack of corresponding laws and regulations Administrative law enforcement It is difficult for the authorities to handle cases. In the current law, although there are some legal restrictions on local protectionism, such as Anti Unfair Competition Law Article 7 stipulates: "The government and its subordinate departments shall not abuse their power to restrict the entry of foreign commodities Local market Or local commodities flow into foreign markets. " However, the law enacted in 1993 was subject to Legal sanctions Of Monopolistic behavior Narrow definition and lack of operability.

Defective policies

The financial policy of "eating from different cooking stoves" implemented in 1980 and the policy of "eating from different cooking stoves" implemented in 1994 Tax classification Based Tax sharing system It has played a positive role in deepening the reform of the fiscal and taxation system and straightening out the fiscal and taxation relationship between the central and local governments. But at the same time, Financial responsibility And various local tax After the establishment, the quality of the financial situation is directly related to the local economic interests, so the local government and Local enterprises , especially Local state-owned enterprises Inevitably, a community of interests has been formed in many aspects, which has also led to the emergence of local protectionism.

Inadequate reform

At present, the reform of state-owned enterprises in some places is relatively lagging behind, and their concepts are backward. They are still accustomed to "waiting, relying and demanding" under the wing of the government; The burden is heavy, the pace is difficult, and the innovation ability is weak; The mechanism is rigid and the market awareness is weak. Such enterprises cannot adapt to the fierce market competition and face the dilemma of being eliminated in the competition. Local governments, motivated by their own interests Abuse of administrative power , with the help of market access restrictions, financial tilt and other protective means Consanguinity The inefficient market of state-owned enterprises.

There are loopholes in the assessment

At the stage of administrative decentralization, the system of administrative appointment of administrative leaders was implemented, and the relevant indicators of local economic development, such as the speed of economic growth, became the main criteria for assessing the performance of cadres. This will lead some local leaders to strengthen resource allocation for their own interests localization And protecting the local market and other administrative measures that are contrary to the development of the market economy, so as to increase the local interests of the region. Some local leaders, in order to increase their political achievements, even disregarded the Party discipline and national laws, tried the law by taking risks and embarked on the path of crime.

Elimination countermeasures

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Legal system construction

Local protectionism

1. Quickly formulate and improve laws and regulations against local protectionism. Formulated and promulgated as soon as possible Antitrust Law , it is necessary to stipulate in this law that illegal Restricting competitive behavior General provisions of, including specific forms, legal responsibilities and punishment measures of illegal restrictions on competition; Modify as soon as possible《 Anti Unfair Competition Law 》And relevant laws and regulations to enhance operability and pertinence.

2. Pay close attention to clearing up and abolishing those with local protection Industrial monopoly Local and administrative regulations and rules that are in conflict with national laws and regulations.

3. Establish a relatively independent judicial system. Establish and improve a relatively independent judicial system free from arbitrary interference by local governments Administrative law enforcement Management system.

4. Strengthen legal publicity. Local government leaders at all levels should earnestly study legal knowledge and establish strong legal consciousness , do Administration according to law 。 We should improve the legal concept of enterprises and the whole society, abide by and protect the law, and create a good legal atmosphere against local protectionism.

Function transformation

We should renew our concepts, transform the functions of the government, and rectify and standardize Market economic order To create a good market environment is the highlight of government work. We should adjust the focus of government work, change working methods, improve market rules, strengthen market management, and eliminate Market barriers To adjust the current government work. Will be managed by the enterprise itself or through agency Management affairs are separated from government functions. We should change the past practice of mainly assessing the "achievements" of local government leaders with economic development indicators, and gradually focus on Transformation of government functions Efforts should be made to create a unified, open and fair market environment as an important part of cadre assessment.

structural reform

Local protectionism

We should deepen the reform of the fiscal and taxation system, further improve the tax sharing system, and effectively straighten out the economic relationship between the central and local governments.

1. Reasonably divide the financial rights of governments at all levels. Based on the reasonable division of the scope of the central and local governments' powers, the financial power should be reasonably divided. The taxes related to safeguarding the national interests and conducive to the implementation of macro-control should be classified as the central fixed income. The taxes closely related to the development of local economy and social undertakings and suitable for local collection and management should be classified as the local fixed income. In terms of fiscal expenditure, the central and local expenditure items should be properly adjusted Central fiscal expenditure , belonging to the scope of local authority Local finance Burden.

2. Establish standardized and unified Financial transfer payment System. In order to adjust the regional financial resources, realize the coordinated development of regional economy and the common prosperity On the premise that the central government centralizes most of the domestic financial resources, we should establish a standardized central local Financial transfer payment system The central government can expand or shrink the financial resources of local governments transfer payment To adjust the economic decision-making power of local governments and further rationalize the economic relationship between the central and local governments.

3. Adjust the tax relationship and standardize Government revenue 。 We should establish a fiscal revenue operating mechanism that focuses on taxation, supplemented by fees, and coexists with taxes and fees. The central government will cancel the unreasonable and arbitrary charging items set by governments at all levels and their subordinate departments beyond their authority or by ingenious means; For the charging items that really need to be retained, the state shall regulate them through laws and regulations, and incorporate them into the national budget for unified management; For a large number of funds and fees with tax nature“ Fee to tax ”New tax categories and other measures should be set up to standardize, incorporated into the national budget, and National macro-control And eradicate the economic roots of corruption in government agencies.

Administration according to law

Local protectionism

Market supervision at all levels Administrative law enforcement The department should list the rectification of local protection and regional blockade as the focus of the current work of rectifying and standardizing the order of the market economy. We should conscientiously implement《 Provisions of the State Council Concerning the Prohibition of Regional Blockade in Market Economic Activities 》We will strictly investigate and punish the illegal acts of artificially setting "barriers" to disrupt the order of the market economy. Governments at all levels should resolutely revoke all institutions that implement local protection, and should not interfere with or restrict the inspection and punishment of administrative law enforcement agencies on economic violations. Under the support and organizational leadership of the local government, through special law enforcement, the documents related to local protection and regional blockade should be repealed to stop illegal competition restricting activities. We should standardize the market management behavior of administrative departments, strengthen the construction of administrative law enforcement cadres, improve the level of market supervision Strictly enforce the law ， Administration according to law 。 To establish a supervision mechanism for administrative law enforcement Self supervision , superior supervision, mass supervision and Media supervision At the same time, further strengthen legal supervision And ensure the fairness and justice of administrative law enforcement.

economic reform

We should deepen the reform of state-owned enterprises and speed up the establishment of the socialist market economy system modern enterprise system , complete realization Separation of government and enterprises And transform the administrative subordination relationship between the government and enterprises into a real property right relationship to realize the authorization of state-owned assets Entrusted operation 。 If the central and local state-owned enterprises have the conditions, they should gradually be transformed into limited liability companies or joint stock limited companies held by multiple shareholders, so as to urge the local government to withdraw from direct intervention in enterprises, and truly hand over the power of basic allocation of economic resources to the market, so that enterprises Micro decision The power of the enterprise is really handed over to the enterprise. State owned enterprises should be transformed Management concept and Operating mechanism , deepen its own reform, constantly improve the level of operation and management in accordance with the requirements of the modern enterprise system, improve market competitiveness, and completely get rid of the passive situation of relying on the government.

Advantages and disadvantages analysis

Announce

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Local protectionism is a kind of behavior that local governments at all levels try to protect local interests by adopting various ways that are not in accordance with the existing laws or central policies.

Local governments mainly protect local commodities through the following forms: (1) issuing local regulations and documents, arbitrarily give orders Local enterprises can only sell, purchase and use local products, and prohibit or restrict the entry and sale of foreign products. (2) Adopt discriminatory policies on products entering the local market. (3) Different certification standards are adopted for local products and foreign products. (4) Give preferential conditions and subsidies to local enterprises..

In the short term, the benefits of implementing local protectionism are: local enterprises can produce at a lower cost under the protection of the government, which is beneficial to scale economy To achieve the goal of obtaining more profits, paying more taxes and providing more fiscal revenue for local governments. At the same time, the development of the enterprise Investment demand Increase, which is conducive to stimulating the local economy Effective demand So as to stimulate economic development.

Local protectionist malpractice The protection of the government enables enterprises to monopolize the right of resource allocation, which hinders the free flow of resources and is not conducive to the optimal allocation of resources. It harms the choice of local consumers. It has harmed the interests of enterprises producing similar commodities in other places. In the long run, on the one hand, local protectionism has resulted in the low competitiveness of local enterprises in the market, which eventually eliminated them from the market and damaged the local economy. On the other hand, local protectionism will also be retaliated, and the same protection policy will be used to deal with protectionism in other places, and eventually both will lose.

In general, local protectionism does more harm than good. Unless the protected industry is a naive industry, after protection, the industry can become competitive from uncompetitive. Generally speaking, this kind of situation is quite rare. Local protection tends to be thankless, and in the end, they have to give up.

Significance

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Strengthening the standardization of implementation work and promoting the scientific development of implementation work are to actively respond to the people's concerns about implementation work, fully safeguard the people's fundamental interests and promote Three key tasks The main initiatives of. If the effective judgment is not effectively implemented, it will greatly affect the authority, credibility and execution of the judiciary, and will also urge some parties to take extreme actions to retaliate against the other party and vent their anger against the society when they choose legal means to remedy the invalidity of rights protection. It can be said that the backlog of cases is not clear for a day, and the responsibility of courts and judges has always been shoulder.

People's Court One of the reasons for the difficulty in case enforcement is the local protectionism, especially the underdeveloped grassroots Court enforcement cases It is more obvious that local protectionism protects local interests, damages the unification of national laws and the overall interests of the country, damages the interests of creditors, and plays a negative role in hindering the development of the socialist market economy. For example, some local administrative leaders, proceeding from the local interests of their own regions and departments, use words instead of laws, Weighting method Use the ways of speaking at the conference, making phone calls, writing notes, etc. to intercede for the person under execution in the jurisdiction and prevent the execution of the case.

Some scholars have proposed that an independent and fair judicial system is an important guarantee for the people's courts to perform their judicial functions according to law. Whether it is to make the violator bear due criminal and civil liabilities, or let the victim obtain real compensation, or to implement effective supervision and protection for the law enforcers, an independent and impartial judicial adjudication institution is needed. If the judicial organ succumbs to the interests of the local government and departments and cannot exercise judicial power impartially and independently, it is difficult to make the violators pay a heavy price for the illegal acts and let the victims obtain high compensation, let alone supervise and protect the administrative law enforcers.

Local protectionism is the pursuit of local governments Maximize benefits The inevitable requirement of the local government resource scarcity A kind of self serving conscious behavior. Its emergence is not only influenced by traditional ideas, but also has the effect of institutional inertia. Of course, it is related to the loopholes in our laws and the insufficient cohesion between laws. Due to the localization and administrative tendency of our judicial organs, it is difficult to play the role of sanctions against illegal acts in the social and economic field and the role of relief for victims, so that in the process of implementation, some local courts and some functional departments are forced by the intervention of local governments, and the implementation encounters heavy resistance.

To overcome the local protectionism in the implementation, on the one hand, strengthen the ideological education of the majority of the executive staff, so that the executive staff can truly understand the dangers of local protectionism, and establish a strict awareness of law enforcement; On the other hand, the joint meeting system of implementation will be brought into play, and the work of assisting the court in the implementation will be included in the evaluation scope of the comprehensive management of social security, so that the assisting departments can actively assist the court in its work and effectively hinder the interference of local protection. At the same time, the higher court should strengthen the supervision over the implementation of the lower court, and should timely supervise or take promotion, orders, etc. when finding that the lower court has local protection cases Implementation measures To ensure the maximum realization of the interests of the obligee.

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