First, the purpose of formulating the "Measures" The legislative purpose is the value orientation and fundamental pursuit of legislation. The first article of the "Measures" begins with a clear meaning, declaring that its purpose is to standardize the collection, use and management of price adjustment funds, enhance the government's price control ability, stabilize the prices of basic necessities, and protect the people's basic livelihood. When discussing the draft Measures at the meeting of the Standing Committee of the Provincial Party Committee, Secretary Li Hongzhong emphasized that the starting point of setting up the price adjustment fund is to pay attention to people's livelihood, safeguard people's livelihood and help the poor, and the target of assistance must be the vulnerable groups. The formulation of this "Measures" is very political and the guiding ideology should be clear. This point should be widely publicized and explained in an appropriate form after the promulgation of the Measures.
Two. Basis, Background and Significance of Formulating the Measures Article 27 of the Price Law of People's Republic of China (PRC) stipulates that the government may establish an important commodity reserve system, set up a price adjustment fund, regulate prices and stabilize the market. Implementation in Hubei Province
Three. Main contents and system innovation of the Measures
(A) clear the main source of price adjustment funds. Article 4 of the Measures stipulates that there are four main sources of price adjustment funds: one is 2% of the total administrative fees included in the local general budget revenue; Second, the price increase income of important commodities and services that are subject to government price management due to special price policies, of which natural gas for vehicles is the balance after the price increase income is used for subsidy expenditure; The third is to collect part from the society; Fourth, the funds raised by other means agreed by the provincial government.
(two) the provisions of the price adjustment fund to the social part of the collection scope, collection standards and collection methods. In view of the actual situation in our province, the "Measures" did not completely copy the practices of other provinces and cities, but changed the general collection to partial collection. For the price adjustment funds levied on the society, Article 5 of the Measures defines the scope of collection as four categories: entertainment industry; Hotel and catering industry; Tobacco, alcohol and cosmetics industries; Refined oil, electricity, gas, heat, communications and other important commodities and services. When necessary, with the consent of the provincial government, resource products such as phosphate rock can be evaluated separately. The collection standard is 65438+ 0% of the value-added tax, consumption tax and business tax actually paid by taxpayers in the above industries. The collection method is unified for the local tax authorities at the same level to collect them together in the process of tax collection and pay them into the state treasury according to regulations, which is conducive to saving the cost of collection and management, improving efficiency and ensuring that all receivables are collected.
(3) Defining the scope of use of the price adjustment fund. The establishment of the price adjustment fund is mainly to stabilize the prices of basic necessities and ensure the basic livelihood of the people. Limited funds should be concentrated in key parts to avoid the practice of "spreading pepper noodles". According to the provisions of the Price Law of People's Republic of China (PRC) and referring to the relevant provisions of national ministries and commissions, Article 8 of the Measures defines the scope of use of the price adjustment fund, which is mainly used to stabilize the prices of basic necessities such as grain, oil and food, provide dynamic price assistance to people in need, and reserve important commodities. First, when the prices of basic necessities such as grain, oil and food fluctuate greatly, the price adjustment fund can be used to make appropriate subsidies in a timely manner according to the comprehensive consideration of factors such as the reasons and influencing links of price fluctuations. Second, when the price of basic necessities rises sharply, or the government's price increase affects the basic life of low-income groups and other difficult groups, the price adjustment fund can be used to provide dynamic price subsidies to these difficult groups. The third is to subsidize the reserves of important commodities such as basic necessities, ensure timely acquisition or delivery, balance market supply and demand, and stabilize market prices. In addition, the provincial people's government should also use the price adjustment fund to deal with abnormal price fluctuations caused by cross-administrative regions or major emergencies in the province.
(4) The supervision system of price adjustment funds has been improved. The price adjustment fund is a special fund established by the government according to law to adjust prices and stabilize the market. It is necessary to strengthen supervision and management and truly benefit the people. The "Measures" focus on improving the system from the following aspects: First, the division of responsibilities. Article 3 of the "Measures" clarifies the respective responsibilities of the competent price department, local tax authorities and financial departments; The second is to standardize the use of procedures. Article 9 of the Measures stipulates that the price adjustment fund shall be used by the competent price department according to the monitoring and analysis of the price situation of important commodities, and the relevant departments shall put forward a plan and report it to the people's government at the same level for approval; The third is to strengthen audit supervision. Article 12 of the Measures specifically stipulates that the audit department shall strengthen the audit supervision over the collection and use of price adjustment funds according to law; The fourth is to highlight social supervision. In addition to financial supervision, audit supervision and judicial supervision, Article 13 of the Measures also stipulates that the price departments of the people's governments at or above the county level shall regularly announce the use of price adjustment funds to the public, organize performance evaluation, highlight social supervision, and pay a clear account, clean account and rest assured account to the people; Fifth, strict legal responsibility. The first paragraph of Article 15 of the Measures stipulates that users of price adjustment funds shall be ordered to make corrections within a time limit, terminate the allocation and recover the allocated funds if they fail to use them in accordance with the prescribed purposes. If no correction is made within the time limit, the relevant responsible personnel shall be given administrative sanctions or administrative sanctions. Article 16 stipulates that staff members who neglect their duties or abuse their powers in the collection, use and management of price adjustment funds shall bear administrative responsibility to criminal responsibility according to specific circumstances; Sixth, formulate detailed rules for implementation. In order to further strengthen the management of price adjustment funds and enhance operability, Article 17 of the Measures stipulates that relevant departments shall formulate detailed implementation rules and specifically refine various management systems. 4. It is an important task for Party committees and governments at all levels to ensure the implementation of measures and take measures to actively and effectively stabilize prices, curb inflation and promote stable and healthy economic development. The legal department of the provincial government should actively cooperate with the competent price department and other relevant departments, conscientiously carry out the study and publicity of the Measures, promote the implementation of the Measures, do a good job in legal coordination and law enforcement supervision of various problems arising in the implementation of the Measures, and strictly supervise and let the price adjustment fund run in the sun. At the same time, we should also do a good job in administrative reconsideration and administrative litigation that may occur in the management activities of price adjustment funds. The Legislative Affairs Office of the provincial government believes that all relevant departments will firmly establish the socialist concept of rule of law with the rule of law, law enforcement for the people, fairness and justice, serving the overall situation and party leadership as its basic connotation. They will carry out their duties, support each other and cooperate closely, and truly abide by the law and strictly enforce the law, and those who violate the law will be prosecuted. They will conscientiously organize and implement various measures, shoulder the heavy responsibility of maintaining the price stability of basic necessities, and implement the policy of protecting the people and benefiting the people as soon as possible. At the same time, it is also hoped that administrative organs, enterprises, institutions and individuals who undertake the obligation of raising and paying price adjustment funds can take the overall situation into account, put the interests of the party and the people first, actively declare and pay price adjustment funds, and earnestly fulfill their legal obligations.
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