It's a total of 3428 words in the body and it's expected to take 10 minutes to read
In 2013, the central committee of the communist republic of china (cpc) decision on a number of major issues in the overall deepening of reform will be "Market regulationIn 2018, the central committee of the communist party (cpc) issued the programme for the reform of the deepening party and state institutions, which established the general directorate for the supervision of the state market, reformed the system of market regulation and introduced uniform market regulation. As a result, “market regulation” has been further amplified. The china market regulation study, the only comprehensive theoretical publication of the market regulatory system that is publicly available at home and abroad, has undertaken to consolidate intellectual resources and conduct itKnowledge management, the duty and mission to serve government decision-making and to guide regulatory enforcement practices. Together with practical work, the author talks about how research results in the field of market regulation can be translated and written。
Interdisciplinary research: knowledge management trends and directions in market regulation
Knowledge management is an integrated dynamic process based on clear objectives, emphasizing the organization's adaptability to the external environment in complex social interactions, and the acquisition of continuous knowledge updating for knowledge creation to maintain its competitiveness. Knowledge management encompasses a range of activities, including knowledge collection, knowledge processing, knowledge integration, knowledge storage, knowledge dissemination, knowledge sharing, knowledge assessment, knowledge feedback, knowledge application and knowledge innovation。Academic journalsKnowledge management is an important foundation for its organization, dissemination and updating by bringing particular issues to the attention of the academic community and publishing relevant academic articles. Knowledge management is more important in the area of market regulation。
Market regulation is a relatively young research field compared to other government functions such as macroregulation and social management. As described in liu peng and liu gooning of the chinese autonomous market regulatory knowledge system: comparative characteristics, situational factors and analysis framework, published in the third periodical of managing the world in 2023, “market regulation” was first introduced as a “three-decided” programme at the annual national conference on market supervision and management held by the former state administration of commerce and industry in march 1994, with market supervision and management clearly defined as a function of the then general administration of state commerce and industry; in 2002, the 16th congress of the party formally identified market regulation as an important part of the government's function under the socialist market economy system, and market regulation was formally expanded into a global concept. The academic community has given comprehensive attention to the regulatory function of the market and has begun systematic research, starting with the establishment of the national directorate of market supervision in 2018. Unlike “regulation” in the economics of regulation, our market regulation function has gone through a unique process of transformation, including economic and social regulation, covering different areas such as market access and exit, market competition, consumer protection, product quality, food and medicine security, and has been given a much richer connotation of “service development” “growth-enhancing” “encouraging innovation”. At present, there is no consensus among academic and substantive communities on such fundamental issues as the concept of “market regulation”, the boundaries of market regulation functions, and this also highlights the importance of knowledge management in the area of market regulation。
The broad role of market regulation dictates that knowledge management should be integrated into multidisciplinary systems. In recent years, in knowledge management activities such as the translation of research results and the writing of essays in the china market regulation study, the author has found a clear trend in interdisciplinary research in the field of market regulation. For example, in the study of fundamental issues such as the concept of “market regulation”, scholars have focused on the rationale of market regulation economics and market regulation law, focusing on the theoretical elaboration of the framework of market regulation regimes; in the area of antimonopoly, quantitative analysis of economics, jurisprudential studies of law, and the allocation of power in political science may be relevant. For example, in the research on the theme “economic regulation of the platform”, management studies are designed to reveal the organizational structure of the platform's enterprises, computer science studies on how to open the algorithm “black box”, and law focuses on the rules of agreement between the platform's business and the consumer, the operator within the platform。
It is therefore important to study the issue of market regulation by including more members from different academic backgrounds and to promote the synergy and integration of different disciplines in market regulation research; to encourage interdisciplinary learning among specialists, mastering research methods in key basic disciplines and producing high-quality, well-informed, logical and well-advised papers; and to give legal attention to research in the field of market regulation, such as food and pharmaceutical safety and the improvement of laws and regulations in the area of product quality security。
Results and timeliness: from knowledge management to participation in decision-making viet
Unlike purely academic journals sponsored by universities in general, which focus mainly on raising questions, explaining views and drawing conclusions, the chinese market regulatory research, which is the chief academic journal of the directorate-general of market supervision, has assumed additional complementary decision-making and practice guidance functions, and the papers in question also need to lead to policy recommendations and solutions on research issues, that is, to complete the leap from knowledge management to participation in decision-making。
The most recent data from the database of laws and regulations on market regulation show that, at present, 103 laws, 146 administrative regulations and 253 sectoral regulations are being implemented by the market regulatory authorities, whose decision-making takes the form of participation in the preparation, revision and implementation of laws. At the same time, the deployment of major decision-making in the area of market regulation, the development of policies and the design and improvement of business processes are important components of decision-making. To that end, the china market regulatory study seeks to distill the policy demands and important points of view from published articles into policy recommendations and seeks to promote the inclusion of useful elements at the decision-making level。
First, at the stage of public consultation on laws and regulations, the china market regulation study has focused on setting up topics and projects on important aspects of legislative reform, leading both academic and practical circles to consciously follow the latest developments and make suggestions. It should be noted that the time frame for public consultation of laws and regulations is relatively short, while the writing of academic articles is generally long. In order to ensure the timeliness of publication, authors are usually required to follow the legislative plans published by the departments at the beginning of the year and to reserve them in such a way as to ensure that the papers are available at the moment of importance. Second, when laws and regulations are introduced, they are usually designed to be read and applied locally. These articles focus on explaining the context and significance of laws and regulations, comparisons of old and new laws, highlights and innovations in legislative reform, and the introduction of accompanying measures for their implementation, with a view to leading to a full understanding of decision-making intentions, consensus-building and reduction of perceived bias and resistance in their implementation. Finally, in order to deepen the value of publishing papers in service decision-making, we have put in place a precision referral mechanism, which usually extracts core views and then sends them to the relevant departments involved in legislative reform. For example, the key points of the articles in the “enterprise sleeping registration system” “focus live” “listing live”” system, which was opened in 2021, were taken into account by the internet advertising scheme, the regulation on the registration of market owners. It should be noted that the text style of such articles should be objective and concise。
The more truth becomes clear: encouraging collisions and rivalries between different perspectives
There has been a tradition of debate and debate in the legal profession, for example in recent years over the application of the principle of proportionality. The application and extension of the principle of proportionality in civil law, published by zheng xiao sword, associate professor at the faculty of law of the university of xiamen, in issue 2 of the law of china, 2016, states that the essence of the principle of proportionality is “prohibition of excess” and has an effect on the entire legal order, including civil law. Professor zhang myung-lang of the faculty of law of the university of qinghua, in his principles of legal protection and proportionality published in issue 7 of the chinese social sciences, 2017, stated that introducing the principle of proportionality into the criminal law sphere is methodologically important for the application of the principle of legal protection. According to muhan university law school lecturer mayyan, published in law studies, no. 2, 2020, the scope and limits of the principle of proportionality is that it has a unique content and value function, that it is not necessary and should not be applied universally in sectoral laws such as civil and criminal law, and that it should be returned to the territory inherent in administrative law. This gave rise to deep-seated reflection on the application of the principle of proportionality。
In recent years, problems such as “occupational claims” and “small disproportionate penalties” have arisen, not only in the interests of micro-entrepreneurs but also in the building of a society based on the rule of law. In this regard, china's market regulation study has designed, in due course, the relevant seminars in the section “raising: focusing on `occupational claims'” and has invited a variety of economics, law and other academic experts to discuss them. According to economists, the advantages of “occupational claims” outweigh the disadvantages, and that “occupational claimants” play in a sense the role of woodpeckers in the market economy, a particular type of public oversight can reduce problematic products in the market, mitigate regulatory gaps caused by inadequate regulatory resources and improve the professionalism and effectiveness of social co-governance. However, in the opinion of jurists, “occupational claims” are more detrimental than good and contrary to the principle of good faith, are an improper act of “abuse of evil”, advocating the adoption of a judicial interpretation of the legal application of punitive compensation cases in the field of food and medicine, a refinement of the scope of application of consumer protection laws and the meaning of “consumption of life”, and the translation of “occupational claims” into administrative reports. Under the heading “corroboration: `slight and disproportionate penalties'”, the same jurist devoted to the study of administrative law is also wise. According to one author, the principle of balance of interests should be upheld, the principle of proportionality should be applied with caution, the possibility of administrative penalties being light, reduced or even exempted from punishment should not be considered as a matter of generality, and specific analysis should be carried out on a case-by-case basis, in accordance with the relevant legal norms. In the area of food safety, priority should be given to the principle of lex specialis and priority should be given to the application of food safety laws, while in the other, the principle of proportionality should play an important role in achieving the substantive reasonableness of market regulation enforcement。
On the same topic, scholars from different disciplines and scholars from different disciplines may draw different conclusions from different positions and perspectives. Therefore, with regard to new issues, we encourage the authors, in keeping with the right political direction, to exercise a spirit of independent thought, bold assumptions, careful examination of evidence, and to produce logical and well-articulated articles in order to promote a more comprehensive understanding and awareness of social hotspots in the decision-making sector, to be more rational and prudent in the design of the system and to make choices that are more conducive to balancing interests。
In may 2021, the central communications department of the communist party, the ministry of education and the ministry of science and technology issued opinions on promoting the prosperity of academic journals, which state that the journal of philosophy social science “will direct academic research to chinese practice, respond to practical concerns and write papers on the land of the motherland, closely serve the work and strategic tasks of the party and the national centre”. Therefore, when contributing to academic journals, authors need to take full account of the theoretical, intellectual, policy and practical value of the articles in order to facilitate the impact of research findings on a broader and higher level。
