商事登记制度改革背景下广州市P区无证照整治的对策探讨

发布时间：2018-11-04 11:05

【摘要】：无证照经营是现阶段存在的客观现象,与我国政治、经济和社会发展程度有着非常密切的关系,然而无证照经营不但有其损害社会公平性的一面,还存在安全生产隐患,虽然国家和各省对无证照经营出台了不少法律法规进行引导和管制,各地政府也下大气力进行整治,但始终未能彻底解决。自2014年元旦起,广州市P区实施了商事登记制度改革,经过这场从地方先行先试的自下而上的变革,P区政府将商事主体的管理模式从“重审批轻监管”转变为“宽进严管”,使整治无证照工作和以往的做法发生巨大变化,一是整治无证照经营的职能从工商部门一个部门单独承担转变为各职能部门各负其责、协同配合,二是市场准入的门槛大幅降低,三是办理证照非常高效。从而引导了商事主体领取营业执照以及获得行政许可,将大量无证照经营纳入规范管理,有力推进了整治无证照经营工作。而每一种制度都不是完美的,存在诸多问题,包括法律法规未完善、监管机制亟待进一步健全、部门沟通需要进一步加强等,均需要以整体的目光、辩证的思维提出对策,而且对策要符合实际,具有行之有效、具可操作性的特点。本文以广州市P区为例,经过商事登记制度改革的市场环境内,研究无证照经营整治工作遇到的问题和困难,比较分析国内外无证照经营的管理情况,找出差距与参考价值,并对P区的具体情况进行调查和研究,为探索商事登记改革背景下,整治无证照经营的新工作模式进行探索研究。本文对解决无证照整治中遇到的客观问题,加强市场监督管理,建设安全运行、公平有序、和谐共赢的市场经营环境和提高政府的社会管理水平、推动社会诚信体系具有研究的现实意义。
[Abstract]:The operation without license is an objective phenomenon existing at the present stage, and has a very close relationship with the degree of political, economic and social development in our country. However, the management without license not only has its side of harming social fairness, but also has hidden dangers of safety in production. Although the state and provinces have issued a lot of laws and regulations to guide and regulate the operation of the license, the local governments have also exerted great efforts to rectify, but they have never been able to solve the problem thoroughly. Since New Year's Day began in 2014, the P District of Guangzhou has implemented the reform of the commercial registration system. After this bottom-up reform of the local first trial, the P district government has changed the management model of commercial subjects from "emphasizing examination and approval rather than supervision" to "broad-entry and strict management." This has made great changes in the regulation of the work of licensing without certificates and previous practices. One is that the function of regulating the operation of the license has changed from a single department in the industrial and commercial sector to each of the functional departments taking on their respective responsibilities and cooperating with each other. Second, the threshold of market access significantly reduced, the third is very efficient licensing. It leads the commercial subject to obtain the business license and obtain the administrative license, brings a large number of unlicensed management into the standard management, and promotes the regulation of the operation without the license. But each system is not perfect, and there are many problems, including the imperfect laws and regulations, the urgent need for further improvement of the supervision mechanism, the need for further strengthening of departmental communication, and so on, all of which need to put forward countermeasures with the overall vision and dialectical thinking. And the countermeasures should be in line with the reality, with effective, operational characteristics. Taking P District of Guangzhou as an example, in the market environment of commercial registration system reform, this paper studies the problems and difficulties encountered in the management of management without license, compares and analyzes the management situation of management without license at home and abroad, and finds out the gap and reference value. In order to explore the new working mode of regulation without license under the background of the reform of commercial registration, this paper investigates and studies the specific situation of area P. This paper aims at solving the objective problems encountered in the regulation without license, strengthening market supervision and management, building safe operation, fair and orderly market operation environment, harmonious and win-win market management environment and improving the social management level of the government. It is of practical significance to promote the social credit system.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：F203.9

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