论设摊行为的市场监管

On Market Supervision of Stall Operations

“地摊经济”作为由来已久的基层民众交易方式,具有规模小、成本低、场所不固定的特征,在中国的国民经济中占有十分重要的地位。然而,即便在政府大力支持并推行的背景下,小商贩想要进行合法的设摊行为也仍然需要经过商事登记、营业证照获取等一系列的商事法律程序,这些程序不仅与设摊行为的本质特征相冲突,也成为设摊行为繁荣发展的阻碍。为此,取消登记制度成为当前对设摊行为进行市场监管的探索重点,就当前的法律和实践经验来说,国外的法律规定和国内的监管实践证实了小商贩豁免登记是可行的,但也会存在诸多的问题,如对市容市貌、市场秩序以及居民正常生活的不利影响。要在维护正常社会秩序的基础上放松对设摊行为的枷锁,或许应该去探索分层登记、消费者监管等新型监管模式,让“地摊经济”发挥出其优势之处,为促进国民经济贡献力量。

The street vendor economy, as a long-standing grassroots trading method, has the characteristics of small scale, low cost, and non fixed location, and occupies a very important position in China’s national economy. However, even in the context of strong government support and promotion, small vendors still need to go through a series of commercial legal procedures such as business registration and obtaining business licenses to engage in legal stall setting behavior. These procedures not only conflict with the essential characteristics of stall setting behavior, but also become obstacles to the prosperity and development of stall setting behavior. Therefore, canceling the registration system has become a key exploration focus for market supervision of stall setting behavior. Based on current laws and practical experience, foreign legal provisions and domestic regulatory practices have confirmed that exemption from registration for small vendors is feasible, but there will also be many problems, such as adverse effects on the city’s appearance, market order, and the normal life of residents. To relax the shackles on the behavior of setting up stalls while maintaining normal social order, perhaps we should explore new regulatory models such as hierarchical registration and consumer supervision, so that the “street stall economy” can play its advantages and contribute to promoting the national economy.