Law

Rule of law escorts the healthy development of new business models

2025-03-06   

During the National People's Congress and Chinese People's Political Consultative Conference, "new business models" have once again received attention. The government work report emphasizes in this year's target tasks "optimizing the market access environment for new formats and fields" and "strengthening the protection of flexible employment and the rights and interests of workers in new forms of employment", which is in line with the suggestions and proposals of the representatives and members on new formats. From sharing economy, webcast, smart home, to instant retail, unmanned distribution, cross-border e-commerce, new technologies represented by the Internet, big data, artificial intelligence, etc. have spawned an endless stream of new formats. These new business models not only expand the boundaries of service consumption, enrich and facilitate people's lives, but also provide new paths for the transformation and upgrading of traditional industries. China has always had high expectations for the development of new business models. As early as 2015, the Central Committee of the Communist Party of China and the State Council issued the "Several Opinions on Deepening Institutional and Mechanism Reform and Accelerating the Implementation of Innovation Driven Development Strategy", which mentioned "supporting and encouraging the development of new formats and business models". Subsequently, China has issued a series of relevant documents to cultivate and strengthen new business models. The Third Plenary Session of the 20th Central Committee of the Communist Party of China attaches great importance to the development of new business models, such as proposing "optimizing the market access environment for new business models and fields", "researching tax systems that are compatible with new business models", "cultivating new industries and new business models in rural areas", "creating an institutional environment conducive to the development of new business models and models", etc., further ensuring the stable development of new business models from the top-level design. The development of new business models cannot be separated from the protection of the rule of law. In recent years, China has attached greater importance to the role of the rule of law and continued to make efforts in serving and ensuring the development of new industries and formats. Various departments have strengthened coordination, timely cleared laws, regulations, and administrative normative documents that restrict the development of new industries and formats, and created a favorable market environment for the development of new formats; The Supreme People's Court has released a special guiding case on labor disputes in new forms of employment, focusing on the determination of labor relations between platform enterprises and workers in new forms of employment. It has responded to prominent issues in judicial practice and clarified rules; Efforts have been made to optimize the supply of public legal services in various regions, strengthen legal education and publicity for new forms of employment, promote compliant operation of new business models, and enhance the awareness of rights protection among new forms of employment workers, with significant results. Of course, there is still a lot of work to be done to promote the sustained and healthy development of new business models on the track of the rule of law. On the one hand, we need to eliminate institutional and mechanism barriers that restrict the development of new business models, optimize the market access environment for new business models and fields, and better empower new business models and models by creating a market-oriented, rule of law, and international first-class business environment; On the other hand, it is necessary to build a new regulatory mechanism around the prominent characteristics, key links, and potential problems of the development of new business formats. By improving legal norms, clarifying the responsibilities of different entities, strengthening anti-monopoly and anti unfair competition regulations, creating a fair competition market environment, and better ensuring the innovative development of new business formats. Only by achieving both "protection" and "standardization" can we maximize the potential and vitality of new business models. (New Society)

Edit:Ou Xiaoling Responsible editor:Shu Hua

Source:Legal Dairy

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