李克強在全國推進簡政放權放管結合職能轉變工作電視電話會議上的講話

III. Strive for dynamic and orderly market and society by innovating and strengthening governance
三、創新和加強政府管理，使市場和社會活而有序

Deepening administrative reform and transforming government functions require not only the removal and delegating of powers, but also improvement and strengthening of governance, with greater government efficiency and stronger government capacity for comprehensively performing duties in accordance with law, so as to ensure both dynamism and order in the market and society, and deliver sustained and healthy economic growth and just and equitable society.
深化行政體制改革、轉變政府職能，不僅要取消和下放權力，還要改善和加強政府管理，提高政府效能，增強依法全面履職能力，使市場和社會既充滿活力又規范有序，促進經濟持續健康發展和社會公平正義。

The pressing task now is to strengthen market regulation, and create a level playing field for market entities of various types. Currently, China's market economy is far from well-regulated. A large number of new market players have emerged after the reform of the business system. Should market regulation fall short, market disorder could intensify, and the distorted effect of the "bad money driving out the good" would get amplified, and the development of honest and the new market players would be adversely affected. I was told in my local field trips by many, including business people from Taiwan and foreign countries, that companies alone can not resolve such market irregularities as IPR infringements, cheating, swindling and counterfeiting. If the government gets them under control, companies would be relieved of their "pain in the heart". Therefore, after significantly reducing the number of review and approval items, the government should get to the ongoing and ex-post oversight of the market. This represents a major shift of government management style which is harder and more challenging. Governments at all levels, as well as their employees, should adapt themselves to such a shift and earnestly perform their duties of governance.
加強市場監管，為各類市場主體營造公平競爭的發展環境，是當務之急。目前，我國市場經濟秩序還很不規范。商事制度等改革之后，新的市場主體大批涌現，如果監管跟不上，市場秩序混亂現象會加劇，“劣幣驅逐良幣”的扭曲效應會放大，嚴重制約誠實守信經營者和新的市場主體發展。我到地方調研，不少企業包括臺商、外商反映，侵犯知識產權、坑蒙拐騙等行為，企業自身難以解決，如果政府把這些問題管住了，企業的“心頭之痛”就解除了。因此，在大量減少審批后，政府要更多轉為事中事后監管，切實把市場管住、管好。這是政府管理方式的重大轉變，難度更大、要求更高。各級政府及其工作人員要積極適應這一轉變，切實履行好管理職責。

We need to improve the supervision approach to place more emphasis on the rule of law, fairness and accountability. The current practice of market supervision entails inspection of too many kinds without clearly defined rules, adding burdens to enterprises and creating room for rent seeking. On the other hand, market behaviors that should be subject to supervision by the government are left in benign neglect. The right approach to supervision requires both strictness and simplicity. The government should minimize intervention in people's lives and put in place a sound legal framework and proper and effective rules, procedures and standards for market supervision and publicize them fully so that market players will know where the line is drawn and carefully observe it. By so doing, the discretionary power of regulators will be slashed. Equally important, the government must carry out supervision in accordance with the law, maintain and safeguard the market order for fair competition. To use a sports metaphor, the government should be a good "referee" - leaving those well-behaved players alone while giving a timely yellow-card warning for minor fouls or a prompt red card for serious foul play. Needless to say, a referee should perform his duty faithfully and enforce the rules in a fair and just manner instead of being negligent or engaging in match-fixing. Regulators must be subject to supervision as well. Relevant information should be made public and a well-defined accountability system for supervision must be enforced.
要轉變監管理念，強化法治、公平、責任意識。現在我們在市場監管上，一方面，各種檢查太多，隨意性太大，企業疲于應付，還有不少尋租行為。另一方面，該監管的還沒有管或沒有管住、管好。政府監管要“居敬行簡”，不擾民、不煩民但法度不缺，制定科學有效的市場監管規則、流程和標準，向社會公示，使市場主體明曉界限、守法經營，并縮小監管者自由裁量權。同時，要依法開展監管，維護和保障市場公平競爭秩序，當好“裁判員”，不犯規的不去煩擾，輕微犯規的及時亮“黃牌”警告，嚴重犯規的馬上“紅牌”罰下場。當然，裁判要履職盡責、公平公正執法，不能該吹哨的不吹，更不能吹“黑哨”。監管者必須受監督，要公開信息，健全并嚴格執行監管責任制和責任追究制。

We need to innovate supervision mechanisms and explore new ways to make supervision more effective. After active experiment over the past two years, local governments have gathered plenty of good experience and practices. Continuous efforts must be made to advance innovation in supervision. First, we need to put in place an integrated system for supervision and law enforcement. We should push ahead the building of a unified supervision platform that covers the entire scope of supervision by all government departments involved. Meanwhile, we need to consolidate administrative law enforcement teams to conduct cross-department and cross-sector law enforcement. The responsibilities of different law enforcement agencies can be merged into one to form synergy in supervision and law enforcement and avoid either overlapping responsibilities or blank spot. The result of supervision and law enforcement should be made public and put on record. After all, the most effective way to deal with unfair supervision and law enforcement is to expose them in the sun light. Second, we will carry out more ad hoc inspections. In some places and sectors, enterprises and regulators involved in inspections are now randomly selected through separate lotteries conducted on the same platform. We will popularize such practices across the country as they both increase pressure on the enterprises and narrow the space for rent seeking. Third, we will advance "smart" supervision. We should actively employ big data, cloud computing, the Internet of Things and other information technology to explore an "Internet Plus supervision" model. We should speed up information sharing and connectivity among departments at different levels to remove "isolated islands of information", so to speak. We will put in place a unified social credit system, an information disclosure and credit filing system, and an integrated punishment and black list mechanism so that one dishonest behavior will result in restrictions at every turn. Fourth, we need to strengthen public supervision. We need to have unimpeded channels for public complaints and tip-offs. We should give sufficient incentives to whistle-blowers and keep their identity confidential. Enterprises should bear the primary responsibility in the mutual supervision mechanism that can trace problems to the source. Industry self-regulation and peer review should be strengthened. Media scrutiny should be encouraged. All these efforts will help weave a tight net of supervision where nothing can escape public attention.
要創新監管機制和監管方式，提高監管效能。這兩年，各地積極探索實踐，積累了很多行之有效的經驗和做法。要繼續推進監管創新。一是實行綜合監管和執法。抓緊建立統一的監管平臺，把部門間關聯的監管事項都放到平臺上來，同時清理整合各類行政執法隊伍，推進跨部門、跨行業綜合執法，讓幾個“大蓋帽”合成一個“大蓋帽”，形成監管和執法合力，避免交叉重復或留空白死角。監管和執法的結果應公示，并留底備查，陽光是治理監管和執法不公最有效的手段。二是推廣隨機抽查監管。有些地方和行業把企業和監管部門人員放在同一平臺上，通過兩次搖號，按一定比例對企業進行抽檢，隨機確定檢查人員，企業有了壓力，也減少了監管部門尋租機會。要抓緊推廣這一做法。三是推進“智能”監管。積極運用大數據、云計算、物聯網等信息化手段，探索實行“互聯網+監管”模式。加快部門之間、上下之間信息資源的開放共享、互聯互通，打破“信息孤島”。推進統一的社會信用體系建設，建立信息披露和誠信檔案制度、失信聯合懲戒機制和黑名單制度，讓失信者一處違規、處處受限。四是強化社會監督。暢通投訴舉報渠道，對舉報者要給予有足夠吸引力的獎勵并嚴格保密。強化企業首負責任，通過倒逼形成層層追溯、相互監督機制。加強行業自律，鼓勵同行監督。充分發揮媒體輿論監督作用。無數雙眼睛盯著每一個角落，就能織就監督的“恢恢天網”。