Regulations on Optimizing Business Environment promulgated by the State Council

On May 11, the General Office of the State Council issued the legislative work plan of the State Council for 2019, including 13 legal cases to be submitted to the Standing Committee of the National People's Congress for consideration and 42 administrative regulations to be formulated and revised. In addition, there are other legislative projects to be completed. What laws and regulations will the State Council promote this year? What are the new legislative projects concerning people's livelihood that first entered the public's vision? In this regard, "Daily Economic News" reporters have combed.

It is worth mentioning that in this legislative work plan, for the first time, regulations on optimizing the business environment were formulated, which were drafted jointly by the National Development and Reform Commission, the Ministry of Commerce, the Ministry of Finance and the State Administration of Market Supervision.

Further improve the legal system of consumer rights protection

In the legislative work plan of the State Council for 2019 announced this time, the statute of implementing the Consumer Rights and Interests Protection Law appeared, and it was clearly drafted by the State Administration of Market Supervision.

In 2015, the Law Enforcement and Inspection Unit of the Standing Committee of the National People's Congress, in its report on the implementation of the Consumer Rights and Interests Protection Law of the People's Republic of China, recommended that the State Council promulgate regulations on the implementation of the Consumer Rights and Interests Protection Law, so as to provide unreasonable return of goods for long-distance shopping as determined by law, the burden of proof for operators, punitive damages, protection of personal Important systems such as nursing should be refined and supplemented so as to make them more operable.

Subsequently, relevant work has been promoted in an orderly manner: in November 2016, the former legal office of the State Council promulgated the Regulations on the Implementation of the Consumer Rights and Interests Protection Law of the People's Republic of China (to be submitted for examination) and publicly solicited opinions; the National Symposium on Market Supervision held in July 2018 also made it clear that the rules of market supervision system should be improved. We should improve the legal system of market supervision, do a good job in the legislation and abolition of laws and regulations, and focus on the drafting and revision of the Regulations for the Implementation of the Consumer Rights and Interests Protection Law. At an event held in December last year, Liang Aifu, Director-General of the Network Supervision Department of the State Administration of Market Supervision and Administration, also said that in top-level design, he was cooperating with other departments in drafting the Regulations on the Implementation of Consumer Rights and Interests Protection Law. Only with perfect laws and regulations, could he provide a complete legal basis for the protection of consumers'rights and interests.

Housing Rental Regulations will guarantee the stability of the rental period

In this legislative work plan, there are also many legislative projects closely related to residential housing, such as the Housing Rental Regulations drafted by the Ministry of Housing and Construction, the Urban Housing Security Regulations and so on.

In October 2018, the General Office of the State Council issued the Implementing Plan for Improving the Mechanism of Promoting Consumption System (2018-2020). It put forward a series of laws and regulations in the field of housing, such as the formulation of housing rental regulations. The plan points out that cities with conditions should be encouraged to explore and develop common property housing in light of actual conditions and solve the housing problem of the masses through various channels. We will accelerate the promulgation of urban housing security regulations, housing rental regulations and housing sales management regulations. Establish and improve the real estate information release mechanism, strengthen public opinion guidance, and stabilize market expectations.

What will be included in the housing leasing regulations to be formulated in? Reporters noted that in July 2017, the relevant person in charge of the Ministry of Housing and Construction said that through legislation, the rights and obligations of the leasing parties will be clarified, the legitimate rights and interests of the parties will be guaranteed, and the system of stabilizing the rent period and rent will be established, so that the renting residents will gradually enjoy the same treatment as the residents of buying houses in terms of basic public services.

To formulate regulations for non-deposit lending organizations

In recent years, emerging financial institutions have begun to emerge, consumer finance, automobile finance, small loan companies... While meeting the actual needs of these organizations, there are also many problems, such as the establishment of "capital pools" in violation of regulations and the high interest rate of lending.

In January this year, the People's Bank of China held a working conference on the rule of law in finance, which proposed accelerating the promotion of key legislation related to the performance of non-deposit lending organizations. The legislative work plan issued this time also clearly plans to formulate regulations on non-deposit lending organizations.

Regulations on Urban Public Transport Management will be issued

At present, more than 30 cities in China have their own rail transit systems. How to manage the increasingly popular urban public transport? The promulgated legislative work plan of the State Council for 2019 is clear. Regulations on urban public transport management will be formulated and drafted by the Ministry of Transport.

and recently, the "truth" of this regulation is also being announced to the whole society. The Regulations on the Administration of Urban Public Transport (Draft for Consultation) being promulgated stipulates that passengers shall not drink, smoke, litter or engage in other uncivilized acts in urban public transport vehicles or urban rail transit stations. Passengers are forbidden to bring inflammable, explosive, toxic, radioactive, corrosive and other items that may endanger personal and property safety into the station or on the bus.

In addition, the draft also clarifies that the units and personnel engaged in the safety inspection of urban rail transit shall carry out safety inspection of the personnel and articles entering the urban rail transit station in accordance with the relevant provisions. Those who refuse to accept security inspection shall refuse to enter or take a bus; those who forcibly enter a station or disturb the order of security inspection constitute acts against the administration of public security shall be punished.