The head of the office of the coordination group for promoting the transformation of functions of the State Council answers questions on promoting random sampling and standardizing the supervision work in and after the event

Source: central government portal 2015-08-05 breakthrough in innovation of regulatory mechanism -- the person in charge of the office of the coordination group for promoting functional transformation of the State Council answers the reporter's questions on promoting random spot check to standardize supervision in and after the event Xinhua news agency, Beijing, August 5, by the 99th of the State Council The general office of the State Council printed and distributed the notice on promoting random spot check and standardizing supervision in process and after process Recently, the head of the office of the coordination group for promoting the transformation of functions under the State Council answered questions from reporters on issues related to the circular Q: why is the circular issued? What are the problems to be solved? A: promoting random inspection and standardizing supervision during and after the event is an important part of the transformation of government functions and an important measure to strengthen the combination of management and release The purpose is to overcome the willfulness of inspection, implement the law enforcement in a sunny and civilized way, promote market subjects to consciously abide by the law, create a development environment for fair competition, and promote mass entrepreneurship and innovation At present, the problems in some fields, such as the willfulness of inspection, the choice of law enforcement, the supervision of human conditions, and the disturbance of law enforcement, have become the "pain points" and "blocking points" that affect entrepreneurship and innovation Enterprises are tired of dealing with various inspections Some law enforcement officers take advantage of their inspection power to "eat and take cards" and increase the burden on enterprises Especially in the current new situation of mass entrepreneurship and innovation, the past inspection methods are likely to kill innovative enterprises in development At the same time, some areas are not strictly controlled and in place, which has become a regulatory blind area Even some law enforcement personnel and enterprises form a "cat and mouse collusion" interest chain, engage in secret box operation and power rent-seeking, and damage the market environment of fair competition Since the establishment of this government, efforts have been made to promote the simplification of administration and decentralization of powers, the combination of decentralization and management, and the optimization of services The focus of supervision has also shifted from pre examination and approval to the strengthening of in-process and post supervision Premier Li Keqiang attaches great importance to the promotion of random inspection and the standardization of market supervision, and has made important instructions for many times, emphasizing not only the abolition and decentralization of power, but also the improvement and strengthening of government management, and the effective control and management of the market, so that the market and society are both dynamic and orderly, and promote the sustainable and healthy development of the economy and social equity and justice The notice of the State Council on printing and distributing the work plan for promoting the combination of streamlining administration, delegating power, releasing management and transforming government functions in 2015 (GF [2015] No 29) also clearly lists promoting the innovation of regulatory methods and promoting random sampling as a key task of this year In recent years, customs, industry and commerce, tax, quality inspection and other departments and Tianjin and other places have explored to carry out random inspection and supervision, put the personnel of enterprises and supervision departments on the same platform, and carry out random inspection on enterprises according to a certain proportion through two random numbers By randomly identifying inspectors, enterprises are under pressure, which also reduces the rent-seeking opportunities of regulatory authorities On the basis of summarizing practical experience, vigorously promoting random inspection is a breakthrough of post supervision in innovative matters According to the requirements of government supervision that does not disturb the people, does not disturb the people, but does not lack of law, the system and mechanism are used to strictly limit the discretion of the regulatory authorities, standardize law enforcement behavior, strengthen enterprise self-discipline, and effectively solve the problem of both law enforcement disturbance and supervision deficiency Q: to solve the above problems, what specific measures are put forward in the circular? A: the notice puts forward four specific measures that can be vigorously promoted It can be summarized as "listing", "double random", "moderate check" and "using results" "Making a list" is to make and make public a list of random inspection items This is not a simple list, but a basic system, including at least three meanings: first, all inspection items should be based on laws and regulations; second, inspection items stipulated by laws and regulations should be vigorously promoted, and the proportion of random inspection in inspection work should be constantly increased; third, the basis, subject, content, method and method of random inspection The process and the results of the spot check shall be made public to the public The implementation of the list system is to let people know what government departments should check, how to check and what the results are "Double random" refers to the random determination of inspection objects and inspectors Random is not random, but regular The premise is to establish two directory databases of market subjects and law enforcement inspectors, and then randomly select inspection objects from the market subjects directory database and randomly select law enforcement inspectors from the list database of law enforcement inspectors by means of lottery The advantage of this kind of random cast net inspection is to put on the "tight hoop curse" to the law enforcement personnel, which can't be checked as long as you want, "look who doesn't like it" to check and pick up trouble at will; "who has relationship with it" to relax the inspection and open one eye and close one eye At the same time, a sword of Damocles is hung on the head of the enterprise, which makes the enterprise strengthen its consciousness of abiding by the law "Moderate inspection" is to reasonably determine the proportion and frequency of random inspection In order to ensure the necessary coverage and work intensity of spot check, and prevent excessive inspection and law enforcement from disturbing the residents, the circular requires all departments to comprehensively consider the actual proportion and frequency of local economic and social development and supervision The frequency of inspection should be reasonably determined according to the different market areas For example, for special industries such as food and drug, which involve the safety of people's lives and property, we should increase the intensity of random inspection, so that illegal enterprises can not afford the cost The circular also requires local governments at or above the county level to explore joint spot checks and one-time inspections by multiple departments to improve law enforcement efficiency and reduce enterprise costs "Using results" is to increase the punishment of illegal acts Those who don't violate the rules don't bother Those who violate the rules slightly will be given a yellow card in time Those who violate the rules seriously will be sent off immediately At the same time, we should link the random inspection results with the social credit of the market subjects, establish and improve the credit archives, joint punishment and blacklist system of the market subjects, so as to make the dishonest one violate the rules and limit everywhere These four measures are closely linked and indispensable No matter which field or place to promote random inspection, these four "prescribed actions" must be done in place Q: how to ensure that the specific measures mentioned above are implemented and put into effect, and are constantly improved to better play their roles? A: it should be said that the circular is a "general version", "basic version" and "primary version" To be truly effective and continue to play a role, three measures should also be taken: first, each department is required to formulate an implementation plan in combination with the actual situation and refine the implementation measures Random inspection system should be implemented not only by market law enforcement departments, but also by departments with inspection functions The circular puts forward some basic requirements All relevant departments shall, in accordance with these requirements, promptly formulate the implementation plan for promoting random sampling, clarify the time schedule, refine the task arrangement, and report to the coordination group of the State Council for promoting functional transformation before the end of September 2015 Second, we should constantly summarize and exchange the good experience and practice of local departments in random inspection, establish and improve the corresponding working mechanism, enrich and reasonably allocate the front-line law enforcement inspection force, expand the proportion of random inspection, and improve the efficiency and level of law enforcement inspection Third, we should gradually build an "upgraded version" on the basis of the "primary version" The notice is based on making all regions and departments do it first, actively exploring and improving in practice, refining replicable, popularized and operable experience, gradually enriching and enriching random inspection system, and timely launching "2.0" and "3.0" versions.