On The Differential Legislation Of Market Supervision Of Small And Medium-Sized Enterprises In China

SMEs have long been regarded as key market players,even called the "capillaries" of the market and the economy,and their key role is reflected in their numbers,their contribution to the economy and the increase in employment.However,the life expectancy of SMEs in China is very short compared to that of other developed countries,and the burden of market regulation on SMEs in China is the most prominent,with approximately 43% of enterprises in China reporting a high burden in 2020,with SMEs accounting for 89% of the total.This study analyses the reasons for this through the description of the current situation,normative analysis and extra-territorial comparison,which lies in the lack of differentiated concepts in China’s market regulation legislation,resulting in SMEs bearing more regulatory costs.Specifically,China’s market regulation law lacks differentiated rules based on the size of enterprises.Firstly,China’s market regulation law only distinguishes between consumers and production operators when setting the objects of regulation,and does not distinguish between the size of enterprises.Secondly,China’s market regulation law can provide flexible standards for certain exceptions in order to achieve its legislative purpose,but currently there is no market regulation law that provides flexible standards for SMEs.Thirdly,our market regulation laws grant exemptions to SMEs in terms of legal liability,but do not explicitly state that this creates a regulatory burden on SMEs.At the same time,in the 1980 s,some overseas developed countries already tried to reduce the regulatory burden of SMEs by differentiating the regulation of SMEs in three ways.Firstly,the experience of differentiation of regulatory standards in the principles and provisions;secondly,the differentiation of regulatory information collection in the assessment mechanism of SMEs;and finally,the differentiation of conduct correction in the legal liability.The study found that,in view of the various tensions and dilemmas in the market regulation law and the regulatory burden on SMEs in reality,China needs to make the following institutional improvements: improve the differentiation of regulations and optimise the differentiation of provisions in the market regulation of SMEs at the level of legality;clarify the concept of priority for SMEs at the level of rationality;innovate the way of information collection on SMEs,etc.,in order to realise the differentiation of regulatory standards in the market regulation law for SMEs.In order to realise the differentiated regulation of SMEs in the market regulation law and reduce the regulatory burden on SMEs.