地方立法视域中营商环境及构成要素比较研究

Comparative Study of the Business Environment and its Components in the Perspective of Local Legislation

营商环境法治化是优化营商环境的必由之路,也是衡量一个地区营商环境水平的重要指标。在上位法尚未制定的情况下,一些省市地区率先通过地方立法,率先制定本地区优化营商环境条例。以10个省市优化营商环境的地方性法规为样本,解析了营商环境的内涵及其构成要素,建立比较营商环境构成要素指标体系,并从政务、市场、法治和人文环境等四个层次共11个指标比较分析了10个省市优化营商环境立法内容及其异同,指出其立法存在的问题,提出应从整体系统角度,对标国务院制定《优化营商环境条例》,进一步优化天津优化营商环境立法。

Legalization of the business environment is the only way to improve the business environment, and it is also an important indicator to measure the level of business environment in a region. When the superior law has not been formulated, some provinces and cities were the first to pass the local legislation, or took the lead in formulating local regulations to optimize business environment. Taking the local laws and regulations of10 provinces and cities to optimize the business environment as samples, the authors analyze the connotation and elements of business environment, establish the index system of comparative business environment elements, and compare and analyze the legislative contents and similarities and differences of 10 provinces and cities in optimizing business environment legislation from the four levels of government, market, rule of law and human environment. From the point of view of the whole system, the authors put forward some suggestions on how to further optimize Tianjin’s legislation on optimizing business environment in accordance with the Regulations on Optimizing the Business Environment formulated by the State Council.