Research On The Changes Of Legalization Of Guangdong Business Environment Since Reform And Opening

The The legalization of business environment is an important embodiment of the modernization of national governance system and governance capacity.Since the 18 th National Congress of the Communist Party of China(CPC),the state has continued to implement a series of major arrangements,focusing on the marketization,legalization and internationalization of the business environment,aiming to systematically optimize the legalized business environment in China.The legalization of business environment has become a series of major reform measures taken by local governments to streamline administration and delegate power,combine decentralization with regulation,and optimize services in accordance with the national top-level design and macro guidelines.However,the practice of legalization of business environment in Guangdong has been explored since modern times,and has continued to innovate and develop since the reform and opening up.Since the reform and opening up,Guangdong has been at the forefront of the reform and opening up.In the construction of the rule of law in the business environment,some experience explored in the construction of the economic system,the rule of law government and judicial security has gradually been promoted to national decision-making and extended to the whole country,Some "rules" can be found in the system innovation of Guangdong since modern times in various systems of business environment optimization involved in the Regulations on Optimizing Business Environment(October 2019)issued by the State Council.In the pluralistic interaction between the legal system and the judiciary,there is a prospect of modern business environment legalization.Therefore,it is of great significance to study the legalization of Guangdong’s business environment since the reform and opening up.In addition to the introduction and conclusion,the paper is divided into five chapters:The first chapter is the basic theory of the legalization of Guangdong’s business environment since the reform and opening up.The rule of law is the core element of business environment,and the theory of legalization of business environment is based on the theory of rule of law.The rule of law includes two aspects: formal requirements and value objectives.The value goal of rule of law is to restrict power with rights and guarantee the realization of rights.The rule of law is to bring the restriction of power and the protection of basic rights into the orbit of the rule of law,so that the formal elements and value objectives of the rule of law can be realized in the national political life.In this sense,the connotation of rule of law is consistent with the value goal of rule of law,and rule of law is still a systematic project.The rule of law is closely related to the market economy.The market economy is the rule of law economy,but the market economy also promotes the development of the rule of law and the transformation of the concept of rule of law.The rule of law is also closely related to reform and opening up.Reform and opening up provide a prerequisite for the construction of the rule of law,and the construction of the rule of law also contributes to the orderly progress of reform and opening up.In a broad sense,"business environment" can be regarded as the whole element environment of business activities.The legalization of business environment involves three dimensions:economic system,rule of law government and judicial security.Therefore,the research system of legalization of business environment can be built from these three dimensions.Adhering to the socialist road of rule of law with Chinese characteristics is the fundamental adherence to the legalization of business environment;The socialist market economic system is the economic basis for the legalization of the business environment;Reform and opening up is the driving force for the legalization of business environment.The construction of the legalization of the business environment is gradual and consistent with the historical process of the modernization of the rule of law in China and the socialist road of rule of law with Chinese characteristics.Moreover,due to China’s large population,unbalanced political and economic development,the path of legalization of business environment also shows local characteristics.Due to the historical opportunity of "one port trade" in modern Guangdong,the Thirteen Branches of Guangzhou formed a "Guangzhou system" in foreign trade,which was the earliest exploration of the legalization of the business environment in modern China;After the reform and opening up,Guangdong "took the first step",and the reform of the legalization of business environment led the tide,forming a representative "Guangdong experience".The second chapter is the legal construction of Guangdong’s business environment market economy system since the reform and opening up.The market economy system is the basis for the legalization of the business environment.Guangdong has always been the gateway of China’s foreign trade in history.With the help of the business experience accumulated since modern times,in the early days of reform and opening up,the central government delegated power to explore the establishment of a socialist market economic system,and promoted the reform of the rural economic system from the aspects of the household contract responsibility system,the circulation system,and the development of township enterprises;We should reform the urban economic system from the aspects of state-owned enterprises,non-public enterprises,export-oriented economic system and related supporting systems such as finance,taxation and finance.After the establishment of the socialist market economy,the modern enterprise system is explored and practiced from the aspects of the transformation of the property rights system of public enterprises,the construction of the internal governance structure of modern companies,and the improvement of the enterprise market withdrawal mechanism.After comprehensively deepening the reform,Guangdong Province has gradually established a fair,open and transparent market mechanism through continuous improvement of the basic economic system and modern market system,which has stimulated the vitality of market players,built a competition neutral business rule of law environment,actively participated in global economic competition and cooperation,and created an open business rule of law environment with various measures.The third chapter is the construction of a government ruled by law in Guangdong’s business environment since the reform and opening up.The rational cognition of the relationship between the government and the market has always been the core issue of national economic development theory and system.The different cognition of the relationship between the two affects a country’s economic development model.The active and promising rule of law government established by China is the institutional condition for the healthy development of the business environment.In the early days of reform and opening up,while Guangdong was decentralized by the central government,the government gradually delegated power to the market,allowing the market to play a decisive role in resource allocation,and with the reform of the fiscal responsibility system and tax sharing system,it created a good business environment for economic construction.After the establishment of the market economy,Guangdong has gradually moved towards a rule of law government in terms of economic legislation,institutional streamlining and functional transformation,and government information disclosure.The concept of rule of law has been implemented in the reform of the administrative system,and has been institutionalized.Since entering the new era,Guangdong has put more emphasis on the participation of society in public governance,strengthened people’s livelihood and social security,built a safe and orderly legal Guangdong,and comprehensively moved towards a sunshine,rule of law,service-oriented government to provide institutional guarantee for the business environment.The innovative measures of Guangdong’s rule of law government in the legalization of business environment have provided experience for the modernization of the national governance system and governance capacity.The fourth chapter is the judicial guarantee construction of Guangdong’s business environment since the reform and opening up.The legalization of the business environment cannot be separated from the judicial guarantee.In general,criminal justice is an important means to crack down on illegal and criminal acts that damage the business environment,administrative justice is a safeguard measure to supervise the administrative organs to maintain the business environment according to law,and the level of civil justice is an important indicator of the degree of legalization of the business environment.Since the reform and opening up,Guangdong judicial organs have provided important judicial guarantees for the legalization of Guangdong’s business environment in terms of criminal justice,civil justice and administrative adjudication,especially in the reform of civil and commercial adjudication procedures,the construction of enterprise bankruptcy system,and the settlement of disputes outside commercial disputes,which have provided strong guarantees for the legalization of Guangdong’s business environment.After the reform and opening up,especially after the planned commodity economy was proposed in 1984 and the market economy system reform was proposed in 1992,there are more and more civil disputes among commercial subjects.Compared with the civil subject,the commercial subject is more consistent with the assumption of economic rational person.The dispute resolution needs and value orientation of the commercial subject are not completely equivalent to the civil subject.The commercial trial organization and the commercial trial procedure are gradually relatively independent from the civil trial organization and the civil trial procedure.Since the 18 th National Congress,the judicial guarantee for the legalization of the business environment has been deepening,including the civil and commercial trial procedure Significant breakthroughs have been made in the reform of enterprise bankruptcy system and commercial mediation.The reform and innovation of Guangdong’s judicial system since the reform and opening up is an important guarantee for the legalization of Guangdong’s business environment.Chapter Ⅴ The experience and vision of the legalization of Guangdong’s business environment since the reform and opening up.Guangdong’s reform and opening up has gone through a great process of more than 40 years.It has achieved a historic transformation from an economy on the verge of collapse to the first place in China’s economy for more than 30 years.It has become a pioneer,pioneer and experimental area in China’s reform and opening up,and also a pioneer,leader and demonstration area in the construction of the rule of law for the business environment.For more than 40 years,Guangdong has taken the lead in establishing special economic zones,introducing "three processing and one compensation",establishing "three capital" enterprises,reforming the price mechanism,factor market and property rights system,exploring the reform of the administrative examination and approval system,formulating the list of government powers and responsibilities,implementing the negative list of market access,carrying out the list management of enterprise investment projects,and so on,which has set the tide of the legalization reform of the business environment.The marketization and legalization of business environment construction are interdependent and independent of each other in terms of "structure and function".The process of marketization promoting the development of Guangdong’s business environment shows that improving the market economic system and mechanism is the fundamental direction of optimizing the business environment;The practice of the rule of law leading the construction of Guangdong’s business environment has proved that the rule of law is an inevitable requirement for the construction of a good business environment.Looking forward to the future road of legalization of business environment,Guangdong should more fully conform to the new trend,new changes and new requirements of legalization of global business environment,and create a highland of legalization of business environment in Guangdong Hong Kong Macao Greater Bay Area.Since the reform and opening up,Guangdong has made many historic achievements in the construction of the rule of law for the business environment,and has also accumulated some valuable experience that can be copied and promoted.It is an important demonstration of comprehensively promoting the construction of the rule of law for the business environment in China,and also the best sample of strengthening the construction of the rule of law for the business environment.