Shenzhen Pilot Demonstration Zone Reform Accelerated Comprehensively

Original title: Comprehensive Acceleration of Reform in Shenzhen Pilot Demonstration Zone

This year marks the 40th anniversary of the establishment of the Shenzhen Special Economic Zone. One year after the publication of the “Opinions on Supporting Shenzhen to Build a Pilot Demonstration Zone of Socialism with Chinese Characteristics” (hereinafter the “Opinions”), on October 11, the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council issued the “Shenzhen Building Socialism with Chinese Characteristics.” The Pilot Plan for the Implementation of the Comprehensive Reform of the Demonstration Zone (2020-2025) “(hereinafter, the” Plan “).

According to the objective, ShenzhenmarketA number of major reform measures have been launched in important areas such as chemical setup and business environment optimization, and the first batch of comprehensive authorization lists have been formulated and implemented; In 2022 there will be several important results of the system that can be replicated and promoted; by 2025, reforms will be achieved in important areas and key linkages Historical achievements have basically completed pilot reform tasks and have provided an important demonstration for building the national system.

deepenlandManagement system exploration

The improvement of the market-oriented allocation system and factor mechanism is one of the key contents of the “Plan”. The land management system,workSpecific directions of exploration have been proposed in areas such as the energy flow system, the technological achievement transformation system, and the cultivation of data element markets.

To support the deeper exploration of the land management system, the “Plan” clearly entrusts the Shenzhen Municipal Government with the approval of the approval of the conversion of agricultural land other than permanent basic agricultural land that can be authorized by the Council from State to construction land.

“Past Shenzhenhouse priceThe main reason for the rapid increase is that people believe that Shenzhen’s land supply is insufficient to meet the housing needs of the huge population and invest on this basis. But in fact, the lack of land supply in Shenzhen is largely due to political restrictions, in addition to geographical restrictions.propertyHouses, peasant dwellings, urban villages and factory dormitories do not have the conditions to be listed and circulate, and cannot constitute an effective housing supply. This historical problem has not been solved for a long time under the current institutional framework.In the context of the annual influx of 500,000 people, who depend only on a small number ofProductHousing, the contradiction between supply and demand has become more acute. “shellChief Market Research InstituteAnalystXu Xiaole told a reporter for the Beijing Commercial Daily.

In this regard, the policy has given greater authority to convert agricultural land into construction land. Yan Yuejin, research director of the Think Tank Center of the E-House Research Institute, told reporters from the Beijing Business Daily: “Similar policies and regulations They give Shenzhen more authority to obtain incremental construction sites. These practices are actually for some cities where construction sites are scarce. ” It is instructive. Similar regulations can reduce the time limit for land expropriation and promoteLand marketLand reform and eventually increasesupplyScale and increase efficiency. “

At the same time, the “plan” supports the promotion of the second and thirdindustryMixed land Support revitalizationValuesindustryLand use, exploring and solving the problems of planning adjustment, land supply, income distribution and historical land use Exploring the market-oriented mechanism for development and construction using existing construction land and perfecting vacant landRight to useRecovery mechanism.

Deepen the reform of the rural land system in the Shenshan Special Cooperation Zone and other regions.Public resourceThe trading platform creates a natural resource asset trading market and enhances the land market service supervision system linking the primary and secondary markets. The pilot implementation of the advance notification registration transfer system for the secondary land market.

Xu Xiaole believes that the “Plan” optimizes the recycling of incremental land and farmland. Some idle and inefficient industrial plantswarehouseIt can be converted to residential use, which will facilitate the change from job to rental and from business to rental. On the other hand, deepen the reform of rural land system in the Shenshan Special Cooperation Zone and other regions, continue to expand cooperative resource utilization in the urban circle, and obtain available resources outside the urban circle, which will benefit cities surrounding. Together, the two really enrich the land supply in Shenzhen.

Expand the space of SAR legislation

In addition to the land management system, the creation of an international, legalized and market-oriented business environment is also the key to the comprehensive pilot reform of the Shenzhen Special Economic Zone.

The “Plan” clarifies to improve the administrative management system and the legislation of special economic zones. According to the procedures, Shenzhen has been granted greater autonomy in the management of cadres and institutions, and the coordinated use of various resources of the establishment. Explore and improve the multiple resolution mechanism for administrative disputes and improve the linkage mechanism between administrative reconsideration and administrative litigation.

At the same time, it supports Shenzhen to expand the space for special economic zone legislation, strengthen legislative exploration in emerging areas, and formulate special economic zone laws and regulations.

Last year’s “opinions” expressed concern about the RAE legislative branch. The “Opinions” propose to allow Shenzhen to make modifications to local laws, administrative regulations and regulations based on authorization. Since the Seventh National People’s Congress formally granted the “legislative power of the special zone” of Shenzhen on July 1, 1992, Shenzhen has fully exploited the advantages of the “legislative power of the special zone”. As of August last year, a total of 229 regulations have been promulgated and 168 are currently valid. 130 regulations of special economic zones.

“Shenzhen special economic zone legislation has always played the role of a testing ground, perfecting the special economic zone legislation and also applying the spirit of the above” opinions “, continuing to resolve outstanding problems encountered in the reform. through the legislation of the special economic zone and continuing to resolve the implementation of new areas and the serious delay of laws and regulations. Conflict between the two. ” Zhuowei Law FirmcamaraderieSun Zhifeng told a reporter for the Beijing Business Daily.

Shenzhen Municipal Party Committee Secretary Wang Weizhong also stated in a recent media interview that Shenzhen focuses on “a demonstration of the rule of law in a city” and makes full use of the legislative power of the Area. Shenzhen Special Economic. Shenzhen issued a comprehensive ban on the consumption of wild animals and accelerated the formulation of a series of first national laws and regulations, such as the intellectual property protection regulations and personal bankruptcy regulations.

Build a reference city for the protection of intellectual property

Intellectual property is also an important part of the business environment. The Regulation on the Protection of Intellectual Property Rights in the Shenzhen Special Economic Zone, officially implemented in 2019, greatly inspiredcompany, The enthusiasm and creativity of technical staff, also make Shenzhen in the latest national administrative protection of intellectual propertyjobsIt ranks first in performance evaluation. The “Plan” also proposes to make Shenzhen a reference city for protecting intellectual property rights.

Specifically, we will launch a pilot program for the protection of new types ofThe InternetInformation and other digital intellectual property rights protection systems, explore the establishment and improvement of the disclosure of evidence, exclusion of obstruction of evidence and superior rules of evidence, and establish a punitive compensation system for intellectual property infringement. Explore the implementation of a burden of proof transfer system in some IP cases Implementation of the field of IP forcreditBased on classification and supervision.

“First, as a bridgehead of reform and opening-up, Shenzhen has become a frontier of technological innovation and technological integration after long-term development, and has become a benchmark city in intellectual property rights. .External economyEnvironmental and technological environmental advantages; Second, Shenzhen’s business environment is second to none in China, and its judicial enforcement environment is also the country’s leading, and it already has the advantages of intellectual property protection and protection. “Sun Zhifeng told a reporter from the Beijing Business Daily.

In addition, the nature of the Shenzhen Special Economic Zone determines that it has natural advantages in the formulation and implementation of legal systems that are not available in other regions, and has the advantages of continuous trial and error at the system level; It is adjacent to Hong Kong, and in recent years it has also allowed specific cases in specific regions. Hong Kong law is applicable, so it has the advantage of regional integration in terms of merging the advantages of the common law system and the continental law system.

Sun Zhifeng believes that the most notable is the hierarchical and classified credit-based supervision. “If this system succeeds in Shenzhen, it will certainly have a considerable impact on the protection of China’s intellectual property and the establishment and improvement of the social credit system.”

(Source: Beijing Commercial Daily)

(Editor in charge: DF372)