The Model Construction And Approach Optimization Of Holistic Enforcement Reform In Market Regulation

Holistic enforcement(holistic administrative enforcement)is a practical theme with Chinese characteristics and the basic orientation of the reform of administrative enforcement system.In the field of market supervision,because of the reliance of traditional market supervision system on the "fragmentation" system,the "official standard" concept and the"rule by man" mode,the enforcement ability of traditional market supervision enforcement is relatively weakened;the institutional costs of market transactions are increased;the decisive role of the market in resource allocation is inhibited;the risk of field failure is aggravated and the needs of sustained economic and social development are difficult to be met.The Fourth Plenary Session of the 18th CPC Central Committee,the 19th National Congress,and the Third Plenary Session of the 19th CPC Central Committee have successively deployed the holistic enforcement reform in market supervision.However,in the process of this Chinese-style "holistic governance" movement,the practice and academic circles still have no clear understanding of the three basic issues of "why to integrate","what to integrate" and "how to integrate".Under the backgrounds of deepening the reform of the party and state institutions,comprehensively promoting the rule of law,and promoting the"streamlining administration,delegating powers,and improving regulation and services" in depth,based on the full absorption of existed research results,applying the normative and empirical research methods,this paper conducts a relatively systematic study on the motivation,basic model and approach optimization of holistic enforcement in market supervision,trying to provide model compliance and guidance for the reform of holistic enforcement in market supervision.Using historical analysis and country comparative analysis methods,this paper investigates the motivation of holistic enforcement in market supervision,whose results show that,as the result of the combined effect of demand side of economic and social development and supply side of market supervision,the motivation of holistic enforcement in market supervision has duality.On one hand,from the demand side,the economic and social development put forward the era demand of efficient supervision,service supervision and rule of law supervision.For supervision and enforcement,efficient supervision means economic efficiency,social efficiency and management efficiency should be realized in the process of supervision and enforcement.Service supervision means that the people-centered administration,fair administration and open administration should be realized.The rule-of-law supervision means statutory authority,statutory procedures and statutory responsibilities should be met.On the other hand,from the supply side,traditional market regulation has a prominent supply-side structural contradiction in fulfilling the requirements of efficient supervision,service supervision and rule of law supervision.In terms of the supply efficiency of supervision,the fragmentation of the enforcement system and the dislocation of the focus of the enforcement of "emphasizing pre-examination and approval while neglecting in-event and post-event supervision" lead to the comparatively low economic efficiency,social efficiency and management efficiency in the supervision and enforcement.In terms of the supply of supervision services,the inadequate equalization,precision and openness of the traditional market supervision services lead to the inadequate improvement of the quality of supervision enforcement services.In terms of the regulation and the rule of law,the lack of statutory powers,statutory procedures and statutory responsibilities of enforcement in market supervision lead to the comparatively low level and capabilities of market supervision and rule of law.Therefore,just like lead the ox by pulling its nose,in order to solve the structural contradiction between the demand and supply of market supervision and enforcement,it's a must to focus on the holistic enforcement reform,so that the structural adjustment of the supply side of market supervision can be realized and the modernization of market supervision and management system and governance capability can be improved.In order to accurately grasp the progress and limitations of reform exploration,this paper conducts a large sample study on reform practice using policy text analysis method.The research results show that,to some degrees,the enforcement functions,enforcement agencies and enforcement processes have been integrated and optimized in the process of exploring holistic enforcement reform,but there are still some problems to be solved urgently.First,there is a lack of systematic pushing of holistic enforcement reform in market supervision,which is manifested by insufficient top-level design,inadequate holistic reform and absence of overall planing and coordination.Two,there is a lack of in-depth content of holistic enforcement reform in market supervision.For the holistic enforcement reform in market supervision in many places,although the "external structure" has changed in the integration of functions and the design of institutional settings,the "internal nature" has not changed due to the lack of reform depth.Besides,it is difficult to achieve quality and efficiency improvement due to the lack of deep structural reform.Third,there is a lack of synergy in the holistic enforcement reform in market supervision.The insufficient coordination of legal system construction,institution reform and social co-governance mechanism restrict the process of holistic enforcement reform.The research results further show that the reform practice has no deep understanding of the motivations of holistic enforcement,no overall grasp of the content,and no clear understanding of the approaches,resulting in a lack of reform breadth and depth.To construct a basic model and clarify the reform approaches are urgent requirements for deepening the reform of market supervision and enforcement.In order to establish the basic mode of holistic enforcement in market supervision,this paper makes empirical analysis of the factors affecting the validity of holistic enforcement in market supervision by means of investigation and factor method,and theoretically integrates and explains these factors,laying the empirical foundations of establishing a basic holistic enforcement model in market supervision.The results of factor analysis show that factors such as regulatory system factors,regulatory function allocation factors,regulatory agency setting factors and regulatory process design factors have significant influences on the effectiveness of holistic enforcement in market supervision.The empirical results can be theoretically explained as follows:first,the validity of holistic enforcement in market supervision is subject to the comprehensive effects of multiple and complex factors inside and outside the holistic enforcement in market supervision;second,the holistic enforcement reform in market supervision is a process of structural adjustment on the supply side of supervision,and a systematic,comprehensive and profound reform of the three structural elements of enforcement function,enforcement agencies and enforcement process;third,the basic model construction of holistic enforcement in market supervision must be comprehensively coordinated with the above structural elements.In order to construct the basic mode of holistic enforcement reform in market supervision,based on the results of the previous empirical analysis and the three kinds of theory:the holistic governance theory,transaction cost theory and administrative self-control theory,this paper constructs the basic model of "three-dimensional + three-orientation" by using the normative research method.On one hand,from the perspective of integration dimension,the "three-dimensional" framework of the holistic enforcement model in market supervision refers to the three basic elements integrated by the holistic enforcement in market supervision,namely,supervision functions,supervision agencies and supervision processes.The supply-side structural adjustment of market supervision is mainly the structural adjustment of enforcement function,enforcement agencies and enforcement process.From the perspective of integration orientation,the "three-dimensional" framework of holistic enforcement mode in market supervision means that the "three-dimensional"elements of holistic enforcement in market supervision should be "integrated" in the three basic directions of vertical,horizontal and in-depth."Vertical integration" means the structural adjustment of "three dimensional" elements between the vertical governments."Horizontal integration" refers to the structural adjustment of "three-dimensional" elements between government functional departments and within functional departments which are in the same administrative hierarchy."In-depth integration" refers to the structural adjustment of "three-dimensional" elements between government and non-governmental entities(company partners).The basic model of "three-dimensional + three-orientation" of holistic enforcement in market supervision provides a comparatively systematic model for the holistic enforcement reform,and responds to the proposition that "what the holistic enforcement in market supervision should integrate' from the theoretical and normative point of view.Finally,based on the textual analysis of the reform practice of holistic enforcement in market supervision and the basic model constructed in this paper,this paper puts forward the"holistic? in-depth ?cooperative" approach as the basic approach to promote the reform of holistic enforcement in market supervision.First,comprehensively promote the holistic enforcement reform in market supervision.It is a must to firmly establish the concept of comprehensively promoting reform,improve and specify the top-level design of comprehensively promoting reform,and focus on strengthening the linkage of comprehensively promoting reform between governments.Second,promote the holistic enforcement reform in market supervision in-depth.Further promote the functional transformation,institutional adjustment and process optimization of holistic enforcement in market supervision.Third,jointly promote the holistic enforcement reform in market supervision.Further promote the construction of the legal system of market supervision,the reform of market supervision institutions and the improvement of the mechanism of social co-governance.Following the above three optimization approaches,the paper gives a relatively specific reform idea for deepening the holistic enforcement reform in market supervision,and puts forward relatively specific countermeasures and suggestions.There are some innovations in research perspectives and conclusions in this paper.First,putting the reform of holistic enforcement in market supervision in a more macro perspective,this paper studies the relationship between the reform of holistic enforcement and the reform of administrative system,the construction of service-oriented government and the construction of a government ruled by law;besides,this paper also makes a micro-research on the holistic enforcement reform at the three structural levels of functions,institutions and processes,which is more systematic and hierarchical compared with the understanding of holistic enforcement in market supervision from the perspective of "relatively centralized administrative punishment".Second,this paper hold the opinion that the holistic enforcement mode in market supervision is a structural adjustment on the supply side of market supervision in response to the strong demands of economic and social development on efficient supervision,service supervision and rule of law supervision,and points out three orientations of the holistic enforcement mode in market supervision.Being different from the analysis of the motivation of the holistic enforcement reform just from the administrative system reform(supply side),the second view fully recognizes that market supervision is the result of the internal and external factors of economic and social development and the government's own transformation,and the pluralism of value realization.Third,this paper puts forward the basic mode of "three-dimensional + three-orientation" holistic enforcement in market supervision,and regards holistic enforcement as the supply-side structural adjustment of market supervision,which is totally different from the idea that the difference between the holistic enforcement model and the traditional enforcement model simply lies in the dis-assembly and merging of functions and institutions.Fourth,this paper puts forward the approach of "holistic ? in-depth ? cooperative" as the basic approach to deepen reform,which is different from the view that holistic enforcement reform is just a reform of the market supervision system between the district-level and county-level governments(regardless of the institutional synergy of reform).