还要改革创新监管方式,建立一套科学监管的规则和方法。过去我们在市场监管上,年度检查、月度检查太多了,还时不时搞“大检查”,不是说不可以搞,但问题是查谁不查谁、罚谁不罚谁、罚多还是罚少,随意性太大。在这方面,我们可以借鉴一些国家的做法,对监管对象按确定的比例随机抽查。随机不是随意,而是有规则。比如100家企业,规定每年抽查百分之几,通过“摇号”来确定,被摇上的,就一查到底。也可以委托给第三方去查。一旦发现有违法行为,就要重罚,让违法者无利可图,甚至倾家荡产。同时要建立健全经营异常名录和黑名单制度,把问题企业和违法经营者列进去,用技术手段来保证这个制度的刚性,一旦被列进去,任凭找什么关系、走什么“路子”都抹不掉。一次经营违法,可能终身不能在这个领域从业。有这样一个具有普遍震慑作用的制度,所有企业都感到头上有一把剑,侥幸心理就会越来越少。诚信经营的,半夜不怕鬼敲门;坑蒙拐骗的,说不定哪一天被“摇”上,就要付出难以承受的代价。这样也可以规范政府监管人员的行为,降低监管成本,提高监管效率。各地可以在这方面进行探索。
We also need to reform and innovate ways of supervision and establish a set of scientific rules and methods of supervision. In the past, we had too many annual and monthly market inspections and even staged "inspection campaigns" from time to time. I am not saying that such inspections are to be banned altogether, but they should not be done without clearly defined rules to follow as to whom to inspect, whom to punish and how severe the penalty should be in case of irregularities. Here, we can borrow the practice of other countries, such as conducting proportionate random inspections on entities under supervision. Random inspections are not inspections at will; on the contrary, there are rules to follow. For example, if there are 100 enterprises under supervision, then every year, a preset percentage of them will be selected through a lottery draw to receive thorough inspection. We can also entrust a third party to conduct the inspections. Those who violate the law, once found, are subject to punishments enough to make their violations unprofitable and even lead to their bankruptcy. At the same time, we need to establish a complete catalogue of enterprises with irregular operations and a system of blacklisting, and ensure their rigidity through technical methods. Problem enterprises and illicit operators, once listed, cannot have their names removed no matter what connections they have or what strings they pull. One single irregularity in a certain business will mean life-long exclusion. Such a system, with its universal deterrence, serves as a sword hanging over the heads of all business operators, who may be deterred from taking chances. The honest ones are never worried that the devil might call at night but the swindlers are always in fear of unbearable cost once their luck runs out. This system can also help standardize the conduct of government regulators, and lower the cost and improve the efficiency of regulation. Local governments may make explorations in this area.
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