SAIC: Promoting The Use Of The Rental Contract Model Text

< p > < strong > the SAIC's Guiding Opinions on strengthening the standardized management of commodity trading market < /strong > < /p >

< p > Industrial and commercial administration bureaus and market supervisory authority of provinces, autonomous regions, municipalities directly under the central government and cities under separate planning: < /p >

< p > to further strengthen the < a href= > http://www.91se91.com/news/index_c.asp > supervision and Management > /a > in commodity trading market, standardize the operation and management activities of commodity trading market, maintain market trading order, and promote the continuous and healthy development of commodity trading market, we hereby put forward the following opinions on strengthening the standardized management of commodity trading market: < /p >

< p > < strong > 1. Strengthening the importance and general requirements of standardized management of commodity trading market < /strong > < /p >

< p > (1) strengthening the importance of standardized management of commodity trading market.

In the eighteen and the third Plenary Session of the 18th CPC Central Committee, the party stressed the importance of stimulating the vitality of all kinds of market participants, accelerating the improvement of the modern market system, handling the relationship between the government and the market, making the market play a decisive role in the allocation of resources and playing a better role in the government.

Commodity trading market is an important part of the large socialist market, an important place for daily consumption, an important channel for product sales and raw material procurement, and an important platform for the development of regional economic services. It plays an important role in guiding consumption, promoting production, active circulation, optimizing allocation, convenient living, expanding employment and stimulating domestic demand.

Industrial and commercial organs at all levels should fully understand that strengthening the standardized management of commodity trading market is an important part of thoroughly implementing the spirit of the eighteen and the third Plenary Session of the 18th CPC Central Committee spirit of the party, speeding up the pformation of the mode of economic development, promoting the more efficient, fairer and more sustainable development of the economy. It is a concrete measure to fulfill the duties according to law and safeguard the order of commodity trading market; it is a practical action to strengthen and innovate social management, harmonizing the relations among market operators, operators and consumers, and promoting social harmony.

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< p > (two) to strengthen the general requirements for standardized management of commodity trading market.

The standardized management of commodity trading market is a systematic and integral work.

Industrial and commercial organs at all levels should focus on their functions and focus on the objective of standardizing management in commodity trading market, adhere to the principle of combination of disease and treatment, combine prevention with fighting, and take overall consideration into consideration, combine market routine supervision with special rectification, combine principal norms with behavior standards, and standardize commodity quality, combine construction with improvement of means and sound mechanism, comprehensively strengthen the management of commodity trading market through comprehensive utilization of the functions of administration of industry and commerce, promote the main body of the commodity trading market, standardize the business conduct, standardize the quality of commodities, and improve the efficiency of standardized management of commodity trading market, and strive to create a fair, just, unified, open, competitive, orderly, safe and harmonious market environment.

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< p > < strong > two, strengthening administrative guidance, and promoting the operators of commodity trading market to fulfill their obligations related to obligations < /strong > < /p >

< p > (three) to promote the registration of enterprise legal persons in the commodity trading market.

The "commodity trading market" as mentioned in this opinion refers to the place where the a href= "http://www.91se91.com/news/index_c.asp" > commodity trading market < /a > provides the fixed position and corresponding facilities, provides property services, implements operation and management, and receives certain rents and other proceeds.

A commodity trading market initiator refers to an enterprise legal person, other economic organization or individual industrial and commercial household engaging in market operation and management according to law.

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< p > encourage and guide the initiators of commodity trading market who have not registered separately and obtain business license.

The market established by government departments, towns, streets, and village committees should be responsible for market operators and guide them to set up corporate legal persons for management.

The name of commodity trading market should comply with relevant regulations.

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< p > (four) to guide commodity trading market initiators to fulfill relevant obligations and responsibilities.

Commodity trading market has many characteristics, such as the diversification of business entities, the variety of paction commodities and services, and the complex legal relationship involved.

All localities should guide the commodity trading market operators to implement the obligations of maintaining market order, protecting the legitimate rights and interests of consumers, and ensuring the quality of commodities, mainly including: < /p >

< p > 1. has the business premises that are suitable for the scale and scope of operation stipulated by laws and regulations.

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< p > 2. to examine the qualifications of the legal persons, other economic organizations or individual business owners who enter the market for the sale of commodities or provide services, establish the archives of the operators and regularly update them.

Establishing a check and control system for admission operators and their sales commodities and services, and finding violations of laws, regulations and rules and regulations of industrial and commercial administration, report to the local administrative departments for Industry and commerce, and take timely measures to stop them.

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< p > 3. signed an agreement with the admission operator to clarify the rights, obligations and responsibilities of both parties in the market entry and exit, quality and safety of goods and services, delisting of unqualified goods, operation rules and protection of consumers' rights and interests.

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< p > 4. establish the relevant system of operation and management in the field, and publish it in an appropriate way so that the operators and consumers will know it.

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< p > 5. establish consumer dispute settlement and consumer rights self-discipline system such as consumers < a href= "http://www.91se91.com/news/index_c.asp" > rights protection < /a > system.

When consumers buy goods or receive services in the market, where there is a consumer dispute or their legitimate rights and interests are damaged, the market initiator should promptly do a good job of reconciliation and help consumers to safeguard their legitimate rights and interests.

Encourage market operators to enter into agreement with the operators to set up the rights and interests of consumers' rights and interests, and make an agreement on the amount, management, use and refund of the rights and interests of consumers' rights and interests.

Encourage the qualified market to implement the advance compensation system and enhance the ability of protecting consumers' rights and interests.

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P > 6. accepts the supervision and inspection of the administrative department for Industry and commerce, and actively assists in investigating and investigating illegal operation in the market, and provides relevant information of illegal operators.

The administrative department for Industry and Commerce finds that there are acts in the market that violate the laws, regulations and regulations of the administration of industry and commerce, and demand the market operators to take measures to stop it, and the market owners should cooperate with them.

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< p > 7., classified management of admission operators.

Market operators are encouraged to carry out credit management, collect and record business operators' credit objectively and fairly, establish credit evaluation system and credit disclosure system to warn trading risks.

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< p > < strong > three, innovating the way of supervision, establishing a long-term mechanism for market regulated management < /strong > < /p >

< p > (five) to further strengthen the classification and supervision of market credit.

All localities should deepen the classified management system of the market and improve the pertinence of market supervision.

We should further promote the classification and supervision of market credit, improve the classification standards and evaluation rules of market credit rating, and strengthen credit and motivation and dishonesty.

In view of the commonalities and individual characteristics of different types and different properties of agricultural products market, industrial market, specialized wholesale market, retail market and so on, differentiated supervision measures are adopted to determine their respective regulatory priorities, standards and requirements, so as to promote market supervision in place.

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< p > (six) continue to deepen the credit market creation activities.

All localities should focus on promoting market operators and locators to implement the main responsibility and social responsibility. In order to establish the concept of honesty and credit, establish the integrity mechanism and create a good business environment, we should carry out the credit market creation activities in depth.

We should further refine the relevant system of credit market creation activities, optimize the evaluation and assessment methods and procedures of the integrity market, and form more practical index evaluation system, evaluation criteria and exit mechanism.

We should actively explore the public notification system of the integrity market and enhance the credibility of the credibility market.

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< p > (seven) promote the use of the commodity rental market in the rental business contract model text.

Contract is the basic form and important carrier of market paction.

All localities should strengthen the contract awareness of the market participants, and promote the signing of contracts between the initiators and the admission operators, so as to further enhance the market supervision level and efficiency.

In view of the fact that contracts between market operators and entry operators exist non-standard or even unfair terms and conditions of contract format, we should actively implement the model text of the counter rental business contract, guide and standardize the contract making behavior, and effectively regulate the order of commodity trading market from the source.

All localities can formulate corresponding contract model texts for different types of markets according to local conditions.

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< p > (eight) combination of administrative law enforcement and administrative guidance.

All localities should focus on giving full play to the deterrent effect of rigid enforcement measures such as administrative penalties. Based on the a href= "http://www.91se91.com/news/index_c.asp" > Industrial and commercial functions < /a >, we should further intensify supervision and law enforcement, investigate and punish illegal activities according to law, earnestly safeguard consumers' legitimate rights and interests, and purify the market environment.

At the same time, we should further strengthen the administrative guidance, and guide the operators to abide by the law in a non mandatory way through suggestions, guidance, reminders, exhortations, demonstrations, publicity and interviews within the statutory terms of reference.

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< p > (nine) daily supervision is combined with special rectification.

All localities should constantly innovate and improve the ways and means of supervision.

According to the different credit rating of the market, we should scientifically allocate regulatory power and strengthen the supervision of the qualification, operation and quality of the main body of the market.

We will further develop the 12315 market entry activities and establish 12315 consumer rights protection service sites to effectively protect consumers' rights and interests.

At the same time, in view of the focal hot issues in different periods, we should adjust measures to local conditions, co-ordinate arrangements and carry out various special market regulation in accordance with the law, and further standardize the market order.

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< p > (ten) to enhance the scientific level of supervision and law enforcement.

All localities should make comprehensive use of scientific and technological means to further promote the integration of information technology in supervision and law enforcement, change the traditional mode of market regulation, and enhance the level of informatization of market supervision.

We should improve the market supervision system, and actively explore the establishment of market public opinion monitoring and analysis system, enhance the detection ability and quick disposal ability of illegal activities.

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< p > (eleven) strengthen self-discipline and support the healthy development of trade associations.

All localities should guide and urge market operators to improve their management system and strengthen their self management, self service and self supervision ability.

We should encourage the establishment of market industry associations, establish and improve industrial associations, effectively guide them to participate in market management, and give full play to the role of bridge associations between market associations and private associations.

To encourage and support the market association to formulate industry credit rules and moral standards, clarify the connotation, specific tasks and realization paths of market main body responsibility and social responsibility.

The market association is encouraged to establish various market branches, support the establishment of market integrity alliance and other organizations, strengthen self-discipline mechanism, implement a linkage disciplinary mechanism for the dishonest market, and improve the market's credit default cost.

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< p > (twelve) strengthening the party building work in the commodity trading market.

All localities should incorporate party building work in the commodity trading market into the overall work plan and establish a job responsibility system.

It is necessary to link up with the market initiator and combine the supervision of the industrial and commercial registration to find out the basic situation of the party organizations and Party members in the market and improve the management archives of the floating Party members.

At the same time, we should appoint industrial and commercial cadres and members of private associations as party building instructors to guide market operators to establish Party organizations in a timely manner, carry out party work, give full play to the role of Party organizations and Party members, and promote the healthy development of the commodity trading market.

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< p > < strong > four, strengthen coordination and coordination, and continuously improve the effectiveness of supervision and law enforcement < /strong > < /p >

< p > (thirteen) clear the division of responsibilities and form a joint force of supervision.

The regulation of commodity trading market involves various aspects of the administration of industry and commerce.

All localities should give full play to the functions of industry and commerce, and establish the working mechanism of market, domestic and foreign enterprises, individual registration supervision, competition law enforcement, trademark, advertising, consumer protection and handling agencies, etc.

According to the laws and regulations on consumer rights and interests, the product quality law, the trademark law, the advertising law, the anti unfair competition law and other laws and regulations, we shall investigate and punish the illegal activities in the market, standardize the market order, promptly accept complaints and reports from consumers, and create a good consumption environment.

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< p > (fourteen) strengthen division of labor and coordination, and enhance comprehensive management.

Besides the facilities and facilities that are suitable for the scale and scope of operation, the commodity trading market also needs to have the necessary traffic, public order, fire protection and hygienic conditions. It is a systematic project of multisectoral integrated management.

Industrial and commercial organs and relevant departments should strengthen market supervision in accordance with relevant laws and regulations and their respective responsibilities so as to avoid offside, dislocation and absence.

At the same time, we should actively coordinate the relevant functional departments of local governments, establish law enforcement coordination and information exchange mechanism, and establish a working mechanism of "discovery, notification related, departmental linkage and comprehensive governance" in daily supervision, and form a cooperative system with social service and management as the common goal and various departments to perform their duties comprehensively.

We should actively promote the work of unlicensed license management and market operation environmental governance into the comprehensive management of social management, and form a working pattern of "government leadership, territorial responsibility, departmental linkage and comprehensive governance", effectively solve the problems of market supervision and improve the efficiency of law enforcement.

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< p > < strong > five, strengthening infrastructure construction and improving the internal driving force of market standardization management < /strong > < /p >

< p > (fifteen) to strengthen the construction of market regulated management institutions and teams.

All localities should increase investment to provide the necessary institutions, personnel and facilities for building the market supervision system of < a href= "http://www.91se91.com/news/index_c.asp" > fair and just < /a >.

We should further strengthen the construction of standardized management institutions in the market, and focus on solving outstanding problems such as inadequate regulation and management institutions in the grass-roots market, inadequate safeguards and insufficient professional personnel, so as to adapt the organization's specifications and compilation to its responsibilities and tasks.

We should pay more attention to the construction of market standard management team, equip and enrich law enforcement officers, focus on strengthening the law enforcement force at the grass-roots level, and intensify the training, use and communication efforts of the market standardized management cadres.

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< p > (sixteen) further strengthening the system construction.

All localities should carry out in-depth exploration and Research on the innovation of market regulation management, strengthen the systematic risk of market supervision and control ability of honest and clean government risks.

We should increase market regulation, manage legislation, and continue to promote institutionalization, standardization, procedure and rule of law in standardizing market management.

We should strengthen local legislation, promote coordination, strive to promote market standardization and management of local legislative process, and further optimize the market and regulate the rule of law environment.

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< p > all localities should carry out the guiding opinions and report to the State Administration for Industry and Commerce in a timely manner in light of major situations and problems.

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< p > General Administration of industry and Commerce < /p >