The president of the people’s Congress of the people’s Republic of China proposed to enact the economic service law of the people’s Republic of China, including the proposal of the people’s Congress of the people’s Republic of China and the proposal of the National People’s Congress of the people’s Republic of China.
Chen Baohua said that the development of digital economy is a strategic choice to grasp the new opportunities of a new round of scientific and technological revolution and industrial reform. It is conducive to promoting the optimization and upgrading of China’s industrial structure, accelerating the transformation of old and new kinetic energy, promoting the transformation of development mode and seizing global competitive advantage. “The formulation of the digital economy promotion law is an urgent need to promote the healthy development of the digital economy.”
Chen Baohua observed that there are many restrictive factors and prominent problems in the process of developing the digital economy, such as core technology and key equipment and materials are still controlled by others; Lack of talents; The development and utilization capacity of data resources is not suitable; Infrastructure construction lacks planning coordination, and there is an obvious gap between regions and urban and rural areas; Data security faces severe challenges; The digital transformation momentum of small and medium-sized enterprises is insufficient, and the progress of digital industrialization and industrial digitization is slow.
Especially with the rise of new business forms of digital economy, due to the lag of legal system construction, such as network fraud, financial separation from reality to falsehood, disorderly expansion of capital, non-standard development of platform economy and higher debt risk. “These problems seriously affect the healthy development of the digital economy and pose a threat to the national economic and financial security. They need to be resolutely corrected and dealt with.” Chen Baohua believes that.
On December 24, 2020, the 26th meeting of the Standing Committee of the 13th National People’s Congress of Zhejiang Province passed the regulation on the promotion of Zhejiang digital economy, which became the first local regulation with the theme of promoting the development of digital economy in China. Since then, Shanghai, Guangdong, Jiangsu, Shenyang, Hunan and other places have also issued local laws and regulations on the development of digital economy.
The Digital Economy Promotion Law of the people’s Republic of China (hereinafter referred to as the “proposal”) proposed by Chen Baohua is a comprehensive measure to improve the economic management system and mechanism, clarify the power boundary and responsibility, and standardize the development of digital economy in view of the weak links, constraints and problems in the development of digital economy.
The current framework proposal consists of nine chapters and 69 articles, including general principles, digital infrastructure construction, development and utilization of data resources, digital industry development, industrial digital transformation, digital governance, incentive and guarantee measures, legal liability, etc.
Specifically, the proposal clearly stipulates the data definition, public data, non-public data and the responsibilities of data management departments; Requirements for open utilization of public data, collection and utilization of personal data and development and utilization of other data; Regulations, measures and responsibilities of data transaction, data security and data management system.
In the chapter of digital governance, Chen Baohua suggested that while clarifying the definition of digital governance, establishing digital governance system and mechanism and digital government service platform, he also made clear provisions on grass-roots digital governance, urban digital governance, traffic digital governance and public security prevention and control.
In addition to using the main force of market players and the basic force of the “invisible hand” of the market, Chen Baohua believes that the development of digital economy also needs to pay attention to the thrust of the government’s “visible hand”, such as financial support, financial support, talent support, intellectual property protection and so on.
The state establishes digital economy industry investment fund and relevant special funds for the construction of major projects in the field of digital economy; Improve the investment and financing service system and broaden the financing channels of market players in the digital economy; Bring the introduction of high-level, highly skilled and scarce talents in the field of digital economy into the government talent support policy system; Hold China international exhibitions and events in the field of digital economy; Give priority to ensuring the development of digital economy in terms of land supply, power connection, energy consumption index and spectrum resources.
People’s governments at or above the county level and their competent departments in charge of digital economy shall strengthen cross regional cooperation in the development of digital economy, promote the joint construction and sharing of major digital economy infrastructure, the unification of public data standards, the open sharing of public data resources, the coordinated development of intelligent manufacturing, as well as the coordinated governance of regional integration and the governance of digital applications.
At the same time, people’s governments at all levels and relevant departments shall, in accordance with the principle of encouraging innovation, implement inclusive and prudent supervision over new technologies, Shenzhen New Industries Biomedical Engineering Co.Ltd(300832) , new business forms and new models, implement classified supervision according to their specific nature and characteristics, formulate and implement corresponding supervision plans and standards, and give corresponding innovation space for the development of digital economy.
Establish a fault-tolerant and error correction mechanism. If minor administrative violations occur in the process of digital economy innovation, the counterpart shall correct them in time. If there are no harmful consequences, no administrative punishment shall be imposed.
