Keywords: corruption, market competition, market economy, legal system, economic development

Since the 14th National Congress of the Communist Party of China established and implemented the market economy, China's reform and opening up has entered a brand-new historical breakthrough stage. The transformation of economic development mode has opened up a more magnificent blueprint for China's economic development, injected new vitality, and made China's economic development form an increasing momentum year by year. In order to adapt to the development of market economy, the main functions and management methods of the government must also be changed in the future. Among them, the most important and crucial link is to strengthen legislation, improve the economic and legal system, gradually establish and improve the socialist market economic system, and at the same time assist by law. In order to ensure the healthy, stable and high-speed development of the market economy, we should gradually change the past mode that the state mainly manages the economy by administrative means, and implement a new economic management mode that focuses on economic means and legal means, supplemented by administrative means.

First, the market economy needs legal escort.

To some extent, the modern market economy is a legal economy, which puts forward higher requirements for legal system construction, and also reflects that the requirements of economic development are not suitable for the current legal system. In this way, all kinds of economic legislation must be put on the agenda as soon as possible. State legislatures, economic management departments and economic judicial departments must implement effective legal adjustments to the operation and development of the economy through economic legislation and economic justice.

As a top priority, the primary task of the government's legal work is:

First, the state's major principles, policies and economic management measures for establishing, perfecting and managing the market economy should be legalized and institutionalized to ensure the stability, continuity and sustainability of the normal operation of the market economy.

Second, through legislation, adjust the important economic relations in the process of market economy operation.

Third, formulate and gradually improve the market operation rules, and effectively provide reliable legal protection for enterprises to participate in market competition on an equal and fair basis. Backed by law, correctly guide the healthy development and operation of the market self-regulation mechanism.

Fourth, conscientiously implement the provisions of the rights and obligations of various subjects in the market economy, separate government from enterprises, ensure that various economic subjects actively participate in management and competition, and implement the survival of the fittest.

Fifth, adjust and implement national macro-control measures in accordance with the law, put more enterprises, especially large and medium-sized state-owned enterprises, directly into the market, let them participate in the competition, and give full play to their initiative and enthusiasm.

Sixth, strengthen the legislative protection of consumers' rights and interests and stipulate the responsibilities and obligations of producers and operators in legal form. Ensure the quality and reputation of products, strive to enter the international market more widely, enhance the competitiveness in the international market and international trade, and provide a sufficient and solid material foundation for socialist modernization.

Second, draw a clear line between legal economy and right economy.

The socialist market economy is essentially a legal economy. In order to make the market economy develop healthily, stably and at a high speed, we must strengthen the construction of the legal system, give full play to its positive role, and gradually contain and clarify the negative factors and historical remnants of the "rule by man" economy.

Due to various feudal factors left over from history and the influence of bourgeois liberalization and decadent ideas, there is still a large degree of "man-ruled" economy in China's economic field, that is, the right economy. In order to make the economy develop in the right direction and improve the economic legal system, we must first eliminate the interference to the economy. Because right is the top and most influential link at all levels, if the interference of "rule by man" is not removed and curbed, and the ugly phenomenon of "power is greater than law" is not shaken off, the legal system will also become a dead letter, and the development of market economy will be at a loss.

Power economy and legal economy are fundamentally opposed, mutually exclusive and incompatible. Power economy is "economy ruled by man", which is irregular, non-programmed and contrary to the phenomenon of social and economic development. It rejects fairness and equality, and uses the subordinate relationship caused by power to force the economy, while the legal economy is standardized and procedural, which conforms to the operation mode of social and economic development law. It guarantees and maintains the proper economic order through perfect legal means, and guarantees the fair and equal rights of various economic subjects.

Power economy has always protected privileges and dared to operate in an unequal capacity.

At present, although the legal economy is increasingly dominant and has become the mainstream of economic development, there is still a "rule by man" economy in many fields to varying degrees. The existence of this phenomenon, its harm cannot be underestimated. For example, some people in important positions often deviate from the law of economic development by using their power and pretending not to understand. Some people even take advantage of their authority, steal chickens and dogs, take the opportunity to make profits and seek personal gain, with power as the backing and superficial phenomena as the cover, which has caused great harm to the region and even the whole country. Therefore, a strong legal system must be used as a weapon to combat all kinds of corruption. Use legal means to limit the excessive participation of administrative organs in the economy. To achieve this, not only should the legislation be complete, but also "law enforcement must be strict and violators must be prosecuted", and we should not be partial or wavered because of our status and power. More importantly, it is necessary to distinguish between fertilization and ideas emerging in high-level leaders, enforce the law according to law, and not be soft. It is strictly forbidden for such people to use the power economy of "extraterritorial jurisdiction" to impact the development and normal operation of the legitimate economy. "It is not enough or good to act on your own!" Therefore, we must enforce the law impartially, "the law must be observed, the law must be strictly enforced, and those who violate the law must be prosecuted" to provide a strong guarantee for the development of the market economy.

Third, improve economic legislation and market economy mechanism.

Before the establishment of market economy, China's economic system implemented a planned commodity economy model. In this case, enterprises rarely have property rights in the legal sense, and they also lack their own real independent decision-making power and free management right. Enterprises basically operate in the economy. The relationship between enterprises is basically regulated by administrative means, and the risks are also borne by the state. However, with the introduction and development of market economy mechanism, a new situation has emerged that is different from the past. One of the basic problems is "competition". With the gradual improvement of market economy, all kinds of economic subjects will consciously or unconsciously enter the tide of market economy competition.

Although the basic nature and fundamental interests of competition in China's economic organizations are always the same, it is essentially different from competition in the capitalist market economy, but it is inevitable to implement the survival of the fittest in order to stimulate the economy. With the increase of enterprise risks and the self-assumption of responsibilities, it is necessary for competitors to use various legal means and ways to minimize and avoid the risks brought by competition. For example, in futures trading, some producers and operators reduce and avoid taking risks by hedging in futures trading. However, some competitors will also escape risks and gain profits through illegal means and channels, which will inevitably cause turbidity current impact and erode the market. The main way is "unfair competition".

1The promulgation and implementation of the Anti-Unfair Competition Law on September 2, 993 provided a strong legal guarantee for socialist market competition. The law has made a series of provisions to standardize the market competition order and ensure the normal development of the market, and fundamentally confirmed that all involved in commodity production and business operators should follow the principles of voluntariness, equality, fairness, honesty and credibility in market transactions, and it is strictly forbidden to participate in competition by any improper means to harm the interests of other parties.

The Anti-Unfair Competition Law is a good law in both form and content. It will play a great role in the development of China's market economy. However, after we appointed them, if we don't implement them seriously, they will also become a dead letter.

The second biggest problem facing the market is the problem of "guaranteeing product quality". In the tide of competition in the market economy, it is inevitable that there will be various violations of law and discipline, such as "shoddy = shoddy, manufacturing and selling fake and shoddy goods", which have infringed on the legitimate rights and interests of "users and consumers" to a great extent. This requires strong legal means to adjust the management of mountain products. Producers' illegal acts shall be investigated for legal responsibility. The real implementation of product quality laws and regulations ensures the legitimate rights and interests of users and consumers. For example, the product quality "three guarantees" system of "guaranteed repair, guaranteed return and guaranteed replacement" is a product quality system that protects the rights and interests of users and consumers. In case of violation, the producers and operators will be investigated for their economic responsibility, administrative responsibility and even criminal responsibility according to law.

The promulgation and implementation of the Law on the Protection of Consumers' Rights and Interests also provides a good legal guarantee for "protecting consumers' legitimate rights and interests", and according to the legal weapon, it also makes the judicial organs have evidence to check and rules to follow.

Four, correctly handle the influence of market economy on the field of education

The implementation of economy often involves all fields of the whole society, and education is no exception.

With the in-depth development of reform and the opening of economy, more and more institutions gradually join the competition in different ways. In order to give the economic subjects who participate in the competition strong support in wisdom and technology, the state allows more people engaged in education and scientific research to engage in second jobs. The infiltration of multi-channel intelligence has injected rapid vitality into enterprises, increased their competitiveness and played a huge positive role in the growth of economic strength. But on the other hand, it has also caused a series of inappropriate exhibitions, which have a great momentum of wide development.

The biggest impact on the field of education is the impact on teachers and faculty, especially the emotional instability and discontinuity of college teachers. With the liberalization of the policy, more and more people are engaged in the upsurge of "going to the sea": they either leave their jobs without pay or simply resign. In the long run, we have to pay attention to this problem. A talented professor will indeed bring considerable economic benefits, but we should also think that losing a professor will bring greater harm to society. His resignation or leaving his job without pay will delay the study of some students. Who is better than this intangible wealth? We naturally know what to do. Wasn't there an argument two years ago that "selling tea eggs is not as good as building an atomic bomb"?

With the promulgation and implementation of the Teachers Law, the situation of teachers' instability, social status and low pay has been greatly improved, and teachers' second occupation, unpaid leave and unpaid leave have been properly restricted. China's education management has been gradually brought into the legal track, which has provided a certain guarantee for the development of economic, social and cultural education.

Verb (abbreviation of verb) strengthens the legislation of industrial property rights

In terms of industrial property rights, China has basically achieved laws to follow. The revision of the Patent Law and Trademark Law has further improved the protection system of industrial property rights. However, there are also shortcomings in these aspects, mainly due to the incomplete and insufficient penalties for infringement, and some minor phenomena in many aspects.

With the development of science and technology and the deepening of market self-discipline, industrial property disputes are increasing and complicated. The main reason is the increase of infringement.

There are still many people who lack the necessary understanding of the market. When it comes to market economy, it is regarded as a capitalist thing, an economy with free development and no constraints. In fact, market economy is not an inherent thing of capital concern, but also a patent of capital concern. This market economy has no distinction between nationalities and national boundaries and no class. It is inevitable that capitalist countries will inject class into the market economy. The market economy implemented in China is a socialist market economy, which is a market economy in which socialism and economic laws work together. Many people have misunderstandings about market economy and competition. For example, they think that free competition means that you can make the economy run by any means. Therefore, market competition has suffered injustice. At the same time, there have been many violations. Although there are many people who knowingly commit crimes, most of them make mistakes because of misunderstanding. In order to effectively resist, prevent and punish all kinds of infringement, it is necessary to strengthen the legislation of industrial property rights and intensify legal work on the existing basis.

Intransitive verbs punish corruption and improve the system.

At present, the problem of corruption has aroused widespread concern from all walks of life. The spread of corruption has not been effectively curbed, and its depth and breadth have exceeded any period since the founding of the People's Republic of China. Although all localities have reported how many major cases have been cracked and how many corrupt elements have been punished, we believe that the evaluation of the achievements and standards of the anti-corruption struggle lies not only in the figures, but also in whether the momentum of corruption has been effectively curbed and whether the corresponding system has been established.

Corruption and market economy

Faced with the increasingly serious problem of corruption, people will inevitably ask, what is the relationship between corruption and market economy? Is corruption an inevitable product of market economy? We believe that, judging from the history and present situation of the world and China, there is indeed some connection between corruption and market economy, especially in the process of transition from planned economy to market economy, corruption is more likely to breed. This is because, first, under the planned economy, there is no basis for trading power and money because there is no independent interest pursuit of the government and enterprises. But the market economy is different. Market economy is an interest economy, and the pursuit of interests is the main motivation and purpose of market subjects. Driven by interests, the intelligence and enthusiasm of operators can be fully exerted and the economy can develop rapidly and effectively. So there is nothing wrong with pursuing interests, but we must pursue them through legal and proper channels. When the pursuer of interests colludes with the exerciser of government power who can provide convenient conditions for obtaining interests, corruption has the conditions for production. Especially in the process of the alternation of the old and new systems, power still holds the economic destiny in a certain range and within a certain procedure. Due to the lax system and insufficient power restriction, market subjects and government agencies can easily merge, thus providing a hotbed for corruption. Second, the market economy has enriched commodities and increased consumption, which is a favorable aspect of the market economy, but at the same time it has stimulated individuals' greed for money, which will be quite strong when the long-term consumption level is very low. Of course, the greed for money is not only caused by the stimulation of consumption, but also includes lax system and insufficient supervision. All these indicate that there is an inevitable connection between market economy and corruption. Acknowledging this connection will not damage the historical inevitability of establishing a socialist market economy, but not acknowledging this connection will make us lose our judgment on the new situation and our clear understanding of the anti-corruption struggle.

(2) The prevention and control of corruption must rely on a sound system.

Overseas historical experience proves that serious corruption has occurred in the economic development of Singapore, Hongkong, South Korea and even Taiwan Province Province of China. However, Singapore, the forerunner, has made great achievements in the anti-corruption struggle and fully grasped the initiative in the struggle, while South Korea, the laggard, has also won one after another. As for some economically developed countries, such as the United States, there was a period in the19th century when "the stolen goods were owned by victory", and the transaction of power and money was legal. However, through a series of legal construction, corruption has long been controlled. Obviously, these examples show that corruption is inevitable, and the victory of anti-corruption does not mean that corruption will disappear from now on. The victory of the anti-corruption struggle means that the spread of corruption is contained and controlled in a small scope by various established legal systems. To achieve this, "everything depends on human effort", as long as we have the consciousness and determination to combat and control corruption and adopt the right methods, we will certainly achieve our goal.

Looking back on the experience of China's anti-corruption struggle in recent years, we should pay attention to four points:

1. Strengthen system construction

We must make up our minds to punish corrupt elements, but severe punishment cannot fundamentally solve the problem of corruption. As mentioned above, why do so many corrupt elements take the right path while watching the corrupt elements around them fall into a quagmire? Why do you want power and money?

The transaction cannot be stopped? An important reason is the system problem. Comrade Xiaoping has pointed out that institutional issues are more important. A good system can make bad people unable to act recklessly at will, while a bad system can make good people unable to do good things fully, or even go to the opposite side. It is not that individuals are not responsible, but that the system problem is fundamental, comprehensive, stable and long-term. (3) stable and long-term system construction, that is, legal system construction.

At present, the most noteworthy system in system construction is the open government affairs system. Sunlight is the best preservative. If government affairs are open and supervised by the masses, corruption will not happen easily. In recent years, some places have advocated the system of "two openness and one supervision", which is effective, but it cannot be sustained because it is not institutionalized, standardized and legalized.

2. Reform the regulatory system

Throughout Chinese and foreign history, due to the particularity of supervision work, the system of supervision departments is different from that of general state administrative organs. The main features are as follows: first, power is centralized and power is not distributed according to grades. Even low-level staff members have the necessary investigation power, and hold professional certificates within their functions and powers, so they can directly find senior leaders to investigate, and the latter must cooperate; Where it is necessary to file a case or arrest, it shall not be under the jurisdiction of any other organ or individual except for the examination and approval procedures of this organ. Second, vertical leadership is generally implemented to avoid interference. Third, the staff of supervisory organs have high quality, high social status and high pay, which makes them proud of their work, have no worries and dare to enforce the law. At present, the disadvantages of China's supervision system are very obvious. As long as this system does not change, it will be difficult to achieve effective results in anti-corruption. Therefore, it is necessary to fix the reformed new supervision system in legal form.

3. Public opinion supervision

It is necessary to give full play to the role of public opinion supervision in the anti-corruption struggle, expose corrupt phenomena and corrupt elements, and let every corrupt official who dares to take risks always be under the close supervision of public opinion and be severely punished. During the Cultural Revolution, the so-called procedure that newspapers and periodicals must be approved by their superiors should be abolished and replaced by the system that journalists should be investigated for legal responsibility for inaccurate public opinion reports. It is urgent to formulate a press law.

4. Establish a power restriction mechanism

The fundamental way to eliminate corruption is to establish a power restriction mechanism. While strengthening the independent judicial and procuratorial functions of judicial organs, we should also strengthen the supervision and restriction between state organs, attach importance to the supervision of supervisors, and avoid any unrestricted power.

Seven, the market calls for the rule of law

The establishment and development of market economy is affecting all fields of life and production in China. In order to make the market more healthy, stable, sustained and rapid development, it is necessary to formulate a series of good laws and regulations. This puts more and higher demands on legal work. To make China's economic legislation more perfect, we must not only have laws to follow, enforce the law strictly, and investigate those who violate the law, but also have a high degree of continuity, perfection, scientificity, rigor and a certain advance in legislation.

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