李克强在全国推进简政放权放管结合职能转变工作电视电话会议上的讲话

III. Strive for dynamic and orderly market and society by innovating and strengthening governance
三、创新和加强政府管理，使市场和社会活而有序

Deepening administrative reform and transforming government functions require not only the removal and delegating of powers, but also improvement and strengthening of governance, with greater government efficiency and stronger government capacity for comprehensively performing duties in accordance with law, so as to ensure both dynamism and order in the market and society, and deliver sustained and healthy economic growth and just and equitable society.
深化行政体制改革、转变政府职能，不仅要取消和下放权力，还要改善和加强政府管理，提高政府效能，增强依法全面履职能力，使市场和社会既充满活力又规范有序，促进经济持续健康发展和社会公平正义。

The pressing task now is to strengthen market regulation, and create a level playing field for market entities of various types. Currently, China's market economy is far from well-regulated. A large number of new market players have emerged after the reform of the business system. Should market regulation fall short, market disorder could intensify, and the distorted effect of the "bad money driving out the good" would get amplified, and the development of honest and the new market players would be adversely affected. I was told in my local field trips by many, including business people from Taiwan and foreign countries, that companies alone can not resolve such market irregularities as IPR infringements, cheating, swindling and counterfeiting. If the government gets them under control, companies would be relieved of their "pain in the heart". Therefore, after significantly reducing the number of review and approval items, the government should get to the ongoing and ex-post oversight of the market. This represents a major shift of government management style which is harder and more challenging. Governments at all levels, as well as their employees, should adapt themselves to such a shift and earnestly perform their duties of governance.
加强市场监管，为各类市场主体营造公平竞争的发展环境，是当务之急。目前，我国市场经济秩序还很不规范。商事制度等改革之后，新的市场主体大批涌现，如果监管跟不上，市场秩序混乱现象会加剧，“劣币驱逐良币”的扭曲效应会放大，严重制约诚实守信经营者和新的市场主体发展。我到地方调研，不少企业包括台商、外商反映，侵犯知识产权、坑蒙拐骗等行为，企业自身难以解决，如果政府把这些问题管住了，企业的“心头之痛”就解除了。因此，在大量减少审批后，政府要更多转为事中事后监管，切实把市场管住、管好。这是政府管理方式的重大转变，难度更大、要求更高。各级政府及其工作人员要积极适应这一转变，切实履行好管理职责。

We need to improve the supervision approach to place more emphasis on the rule of law, fairness and accountability. The current practice of market supervision entails inspection of too many kinds without clearly defined rules, adding burdens to enterprises and creating room for rent seeking. On the other hand, market behaviors that should be subject to supervision by the government are left in benign neglect. The right approach to supervision requires both strictness and simplicity. The government should minimize intervention in people's lives and put in place a sound legal framework and proper and effective rules, procedures and standards for market supervision and publicize them fully so that market players will know where the line is drawn and carefully observe it. By so doing, the discretionary power of regulators will be slashed. Equally important, the government must carry out supervision in accordance with the law, maintain and safeguard the market order for fair competition. To use a sports metaphor, the government should be a good "referee" - leaving those well-behaved players alone while giving a timely yellow-card warning for minor fouls or a prompt red card for serious foul play. Needless to say, a referee should perform his duty faithfully and enforce the rules in a fair and just manner instead of being negligent or engaging in match-fixing. Regulators must be subject to supervision as well. Relevant information should be made public and a well-defined accountability system for supervision must be enforced.
要转变监管理念，强化法治、公平、责任意识。现在我们在市场监管上，一方面，各种检查太多，随意性太大，企业疲于应付，还有不少寻租行为。另一方面，该监管的还没有管或没有管住、管好。政府监管要“居敬行简”，不扰民、不烦民但法度不缺，制定科学有效的市场监管规则、流程和标准，向社会公示，使市场主体明晓界限、守法经营，并缩小监管者自由裁量权。同时，要依法开展监管，维护和保障市场公平竞争秩序，当好“裁判员”，不犯规的不去烦扰，轻微犯规的及时亮“黄牌”警告，严重犯规的马上“红牌”罚下场。当然，裁判要履职尽责、公平公正执法，不能该吹哨的不吹，更不能吹“黑哨”。监管者必须受监督，要公开信息，健全并严格执行监管责任制和责任追究制。

We need to innovate supervision mechanisms and explore new ways to make supervision more effective. After active experiment over the past two years, local governments have gathered plenty of good experience and practices. Continuous efforts must be made to advance innovation in supervision. First, we need to put in place an integrated system for supervision and law enforcement. We should push ahead the building of a unified supervision platform that covers the entire scope of supervision by all government departments involved. Meanwhile, we need to consolidate administrative law enforcement teams to conduct cross-department and cross-sector law enforcement. The responsibilities of different law enforcement agencies can be merged into one to form synergy in supervision and law enforcement and avoid either overlapping responsibilities or blank spot. The result of supervision and law enforcement should be made public and put on record. After all, the most effective way to deal with unfair supervision and law enforcement is to expose them in the sun light. Second, we will carry out more ad hoc inspections. In some places and sectors, enterprises and regulators involved in inspections are now randomly selected through separate lotteries conducted on the same platform. We will popularize such practices across the country as they both increase pressure on the enterprises and narrow the space for rent seeking. Third, we will advance "smart" supervision. We should actively employ big data, cloud computing, the Internet of Things and other information technology to explore an "Internet Plus supervision" model. We should speed up information sharing and connectivity among departments at different levels to remove "isolated islands of information", so to speak. We will put in place a unified social credit system, an information disclosure and credit filing system, and an integrated punishment and black list mechanism so that one dishonest behavior will result in restrictions at every turn. Fourth, we need to strengthen public supervision. We need to have unimpeded channels for public complaints and tip-offs. We should give sufficient incentives to whistle-blowers and keep their identity confidential. Enterprises should bear the primary responsibility in the mutual supervision mechanism that can trace problems to the source. Industry self-regulation and peer review should be strengthened. Media scrutiny should be encouraged. All these efforts will help weave a tight net of supervision where nothing can escape public attention.
要创新监管机制和监管方式，提高监管效能。这两年，各地积极探索实践，积累了很多行之有效的经验和做法。要继续推进监管创新。一是实行综合监管和执法。抓紧建立统一的监管平台，把部门间关联的监管事项都放到平台上来，同时清理整合各类行政执法队伍，推进跨部门、跨行业综合执法，让几个“大盖帽”合成一个“大盖帽”，形成监管和执法合力，避免交叉重复或留空白死角。监管和执法的结果应公示，并留底备查，阳光是治理监管和执法不公最有效的手段。二是推广随机抽查监管。有些地方和行业把企业和监管部门人员放在同一平台上，通过两次摇号，按一定比例对企业进行抽检，随机确定检查人员，企业有了压力，也减少了监管部门寻租机会。要抓紧推广这一做法。三是推进“智能”监管。积极运用大数据、云计算、物联网等信息化手段，探索实行“互联网+监管”模式。加快部门之间、上下之间信息资源的开放共享、互联互通，打破“信息孤岛”。推进统一的社会信用体系建设，建立信息披露和诚信档案制度、失信联合惩戒机制和黑名单制度，让失信者一处违规、处处受限。四是强化社会监督。畅通投诉举报渠道，对举报者要给予有足够吸引力的奖励并严格保密。强化企业首负责任，通过倒逼形成层层追溯、相互监督机制。加强行业自律，鼓励同行监督。充分发挥媒体舆论监督作用。无数双眼睛盯着每一个角落，就能织就监督的“恢恢天网”。