“市场监管”概念的重新思考与分析:安全、秩序与技术规范

Rethinking and Analysis of Market Regulation Concepts:Safety,Order and Technical Regulation

市场监管体制改革十余年来,在取得了很大进展的同时也存在不少问题,很多观点认为导致这些问题的原因是法律法规或体制内部没有理顺,笔者则认为其原因主要来自于对“市场”和“市场监管”概念本身认识的模糊。由于历史的原因,“市场”概念本身就存在着多维度的理解,随之而来的是实践中的“市场监管”存在内涵与外延模糊不清的问题,也没有随着相关体制改革的推进而逐渐清晰起来,导致监管实践中出现了诸多困境。本文基于对市场和市场监管概念的梳理,认为现实中的市场监管职责同时包含着安全监管、秩序监管与技术规范管理三个方面,有必要进行辨析并进一步改革。

The reform of market supervision system has made great progress in past decades,while there are still various problems left.Many researchers hold the opinion that the cause of these problems are the conflicts existing in current laws and regulations as well as institutions.However,the author believes that the reason mainly comes from the fuzzy understanding of the concept of“market”and“market regulation”.Historically,the concept of“market”itself has a multi-dimensional understandings,followed by the ambiguous connotation and extension meanings of the market regulation in practice,it did not become clear with the progress of relevant institutional reforms,resulting in many difficulties in market supervision practice.Based on the introduction of the concept of the market and the market supervision system,this paper argues that the responsibilities of market supervision system mainly contain safety regulation,order regulation as well as technical regulation management,so it is necessary to identify and further reform.