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Decision of the Central Committee of the Communist Party of China on Some Issues concerning the Improvement of the Socialist Market Economy [Effective]
中共中央关于完善社会主义市场经济体制若干问题的决定 [现行有效]
【法宝引证码】
 
  
  
Decision of the Central Committee of the Communist Party of China on Some Issues concerning the Improvement of the Socialist Market Economy
(Adopted at the 3rd Plenary Session of the 16th CPC Central Committee on Oct. 14th 2003)
With a view to implementing the strategic planning set forth by the 16th CPC National Congress on establishing a sound socialist market economy and a more vigorous and open economic system, deepening the economic restructuring and promoting the overall economic and social development, the 3rd Plenary Session of the 16th CPC Central Committee has discussed some significant issues concerning the improvement of the socialist market economy and made the decision as follows:
 

中共中央关于完善社会主义市场经济体制若干问题的决定
(2003年10月14日中国共产党
为贯彻落实党的十六大提出的建成完善的社会主义市场经济体制和更具活力、更加开放的经济体系的战略部署,深化经济体制改革,促进经济社会全面发展,十六届中央委员会第三次全体会议讨论了关于完善社会主义市场经济体制的若干重大问题,并作出如下决定。

I. The Situation and Tasks of China's Economic Restructuring
 一、我国经济体制改革面临的形势和任务
1. The significance and urgency of deepening the economic restructuring. Since the adoption of the reform and opening-up policies at the 3rd Plenary Session of the 11th CPC National Congress, the acknowledgment of the goals of restructuring the socialist market economy at the 14th CPC National Congress and the making of the relevant decision at the 3rd Plenary Session of the 14th CPC National Congress, China's economic restructuring has made significant breakthroughs in terms of both theories and practices. A socialist market economy has been established on a preliminary basis, the basic economic system with public ownership playing a dominant role and diverse forms of ownership developing side by side has been established, and the pattern of opening to the outside world in an all-round way, wide spheres and multiple layers has been basically formed. The deepening of the restructuring has not only greatly improved the social productivity, comprehensive national strength and people's living standards, but also helped China to endure such serious tests as the international economic and financial turbulences, grave natural disasters and disastrous epidemic situation. However, some problems still exist, such as the irrational economic structure, imbalanced distribution relations, sluggish growth of farmers' income, outstanding employment contradictions, intensified pressures on resources and environment and an economy being uncompetitive as a whole. The important reasons behind such problems are that China is still in the primary stage of socialism, that its economy has yet to be improved, and that the development of its productive forces is still facing many institutional obstacles. In order to adapt to the international environment of economic globalization and accelerated scientific and technologic progress and to meet the new situation of building a well-off society in an all-round way, we should speed up the restructuring, further release and develop productive forces and inject strong momentum into the economic development and overall social progress.
   (1)深化经济体制改革的重要性和紧迫性。 十一届三中全会开始改革开放、十四大确定社会主义市场经济体制改革目标以及十四届三中全会作出相关决定以来,我国经济体制改革在理论和实践上取得重大进展。社会主义市场经济体制初步建立,公有制为主体、多种所有制经济共同发展的基本经济制度已经确立,全方位、宽领域、多层次的对外开放格局基本形成。改革的不断深化,极大地促进了社会生产力、综合国力和人民生活水平的提高,使我国经受住了国际经济金融动荡和国内严重自然灾害、重大疫情等严峻考验。同时也存在经济结构不合理、分配关系尚未理顺、农民收入增长缓慢、就业矛盾突出、资源环境压力加大、经济整体竞争力不强等问题,其重要原因是我国处于社会主义初级阶段,经济体制还不完善,生产力发展仍面临诸多体制性障碍。为适应经济全球化和科技进步加快的国际环境,适应全面建设小康社会的新形势,必须加快推进改革,进一步解放和发展生产力,为经济发展和社会全面进步注入强大动力。
2. The goals and tasks of improving the socialist market economy. We should, in accordance with the requirements of coordinating the development of urban and rural areas, of different regions, of economic and social sectors and of man and nature, and of coordinating the national development and the opening-up to the outside world, give a fuller play to the basic role of market in the allocation of resources, enhance the vitality and competitiveness of enterprises, build a sound national macro-control system, improve the government functions of social administration and public services, and provide forceful institutional guarantee for the building of a well-off society in an all-round way. The main tasks are: to improve the basic economic system with public ownership playing a dominant role and diverse forms of ownership developing side by side; to establish a system conducive to phasing out the dual structure in urban and rural economies; to form a mechanism for promoting the coordinated development of regional economies; to build up a unified, open, competitive and orderly modern market system; to improve the macro-control, administration, and economic legal systems; to perfect the employment, income distribution and social security systems; and to build up a mechanism in promotion of sustainable economic and social development.
   (2)完善社会主义市场经济体制的目标和任务。 按照统筹城乡发展、统筹区域发展、统筹经济社会发展、统筹人与自然和谐发展、统筹国内发展和对外开放的要求,更大程度地发挥市场在资源配置中的基础性作用,增强企业活力和竞争力,健全国家宏观调控,完善政府社会管理和公共服务职能,为全面建设小康社会提供强有力的体制保障。主要任务是:完善公有制为主体、多种所有制经济共同发展的基本经济制度;建立有利于逐步改变城乡二元经济结构的体制;形成促进区域经济协调发展的机制;建设统一开放竞争有序的现代市场体系;完善宏观调控体系、行政管理体制和经济法律制度;健全就业、收入分配和社会保障制度;建立促进经济社会可持续发展的机制。
3. Guideline and principle of improving the economic restructuring. We should take the Deng Xiaoping Theory and the important thought of the “Three Represents” as the guideline, implement the basic line, program and experience, act on the spirit of the 16th CPC National Congress in an all-round way, emancipate our thoughts, seek truth from facts and keep pace with the times. We should follow the orientation of restructuring toward a socialist market economy and pay sufficient attention to institutional build-up and system innovations. We should respect the pioneering spirit of the people and bring into full play the initiative of both the Central Government and the local governments. We should correctly handle the relationship of reform, development and stability, and press ahead with the reform with priorities and in a step-by-step manner. We should make overall plans, take all factors into consideration and do a good job in coordinating various interests during the course of reform. We should uphold the principle of “man first” and form the concept of overall, coordinated and sustainable development so as to promote the overall economic, social and human development.
   (3)深化经济体制改革的指导思想和原则。 以邓小平理论和“三个代表”重要思想为指导,贯彻党的基本路线、基本纲领、基本经验,全面落实十六大精神,解放思想、实事求是、与时俱进。坚持社会主义市场经济的改革方向,注重制度建设和体制创新。坚持尊重群众的首创精神,充分发挥中央和地方两个积极性。坚持正确处理改革发展稳定的关系,有重点、有步骤地推进改革。坚持统筹兼顾,协调好改革进程中的各种利益关系。坚持以人为本,树立全面、协调、可持续的发展观,促进经济社会和人的全面发展。
II. Further Consolidating and Developing the Public Sector of the Economy and Encouraging, Supporting and Guiding the Development of the Non-public Sectors of the Economy
 二、进一步巩固和发展公有制经济,鼓励、支持和引导非公有制经济发展
4. Applying multiple forms for effectively realizing public ownership. We should keep the public sector of the economy as the dominant player and bring into full play the defining role of the state-owned sector of the economy. We should vigorously promote multiple forms for effectively realizing public ownership and accelerate the adjustment of the layout and structure of the state-owned sector. We should adapt to the trend of marketization, further enhance the vitality of the public sector, vigorously develop a mix sector of the economy shared by state-owned capital, collective capital, non-public capital, etc., realize the diversification of investment sources and make the joint-stock system as the major form for realizing public ownership. For enterprises that need to be controlled by the state-owned capital, absolute or relative share holding shall be adopted under different circumstances. We should improve the mechanism for entry-withdrawal and rational movement of state-owned capital, encourage more state-owned capital to go to the important industries and key fields that have a bearing on national security and the lifeline of the national economy, and enhance the controlling power of the state-owned sector. The state-owned enterprises in other industries and fields should adopt assets reorganization and structural adjustment, and prosper or perish through fair market competition. We should create large internationally competitive companies and enterprise groups, give a freer rein to small and medium state-owned enterprises, deepen the reform of collective enterprises by focusing on clearly defined property rights, and develop various forms of the collective sector of the economy.
   (4)推行公有制的多种有效实现形式。 坚持公有制的主体地位,发挥国有经济的主导作用。积极推行公有制的多种有效实现形式,加快调整国有经济布局和结构。要适应经济市场化不断发展的趋势,进一步增强公有制经济的活力,大力发展国有资本、集体资本和非公有资本等参股的混合所有制经济,实现投资主体多元化,使股份制成为公有制的主要实现形式。需要由国有资本控股的企业,应区别不同情况实行绝对控股或相对控股。完善国有资本有进有退、合理流动的机制,进一步推动国有资本更多地投向关系国家安全和国民经济命脉的重要行业和关键领域,增强国有经济的控制力。其他行业和领域的国有企业,通过资产重组和结构调整,在市场公平竞争中优胜劣汰。发展具有国际竞争力的大公司大企业集团。继续放开搞活国有中小企业。以明晰产权为重点深化集体企业改革,发展多种形式的集体经济。
5. Developing and guiding the non-public sectors of the economy. Self-employed or private enterprises and other non-public sectors of the economy are important forces for promoting the development of social productive forces. We should remove or revise such laws, regulations and policies as are against developing the non-public sectors of the economy and eliminate the institutional obstacles thereto. The areas should be expanded for market access of non-public capital, which will be permitted to go to the infrastructures, public undertakings and other industries and fields where the inflow of such capital is not prohibited by the laws and regulations. Non-public enterprises should be treated equally with other enterprises in terms of investment, financing, taxes, land use, foreign trade, etc. We should support the development of small and medium-sized non-public enterprises and encourage the eligible enterprises to be stronger and larger. The small and medium-sized non-public enterprises shall conduct operations under the law, pay taxes in accordance with the regulations, and protect the lawful rights and interests of employees. Services for and regulation of non-public enterprises should be improved.
   (5)大力发展和积极引导非公有制经济。 个体、私营等非公有制经济是促进我国社会生产力发展的重要力量。清理和修订限制非公有制经济发展的法律法规和政策,消除体制性障碍。放宽市场准入,允许非公有资本进入法律法规未禁入的基础设施、公用事业及其他行业和领域。非公有制企业在投融资、税收、土地使用和对外贸易等方面,与其他企业享受同等待遇。支持非公有制中小企业的发展,鼓励有条件的企业做强做大。非公有制企业要依法经营,照章纳税,保障职工合法权益。改进对非公有制企业的服务和监管。
6. Establishing and improving the modern property rights system. Property rights, which include the rights over things, creditor's rights, stockholder's rights, intellectual property rights, etc., are the core and main content of ownership. A modern property rights system featuring clear-cut ascription, clearly defined rights and responsibilities, strict protection and smooth transfer should be established since it can: safeguard the public property rights and consolidate the role of the public sector of the economy as the main player; protect the private property rights and promote the development of the non-public sectors of the economy; facilitate the flow and reorganization of various capital and propel the development of the mixed sector of the economy; and enhance the business start-ups and innovations of both enterprises and people and form a sound credit foundation and market order. The establishment of the modern property rights system is not only the internal need for improving the basic economic system, but also the important basis for building a modern enterprise system. We should protect various kinds of property rights in accordance with the law, improving the trading rules and regulatory system of property rights, promote the orderly flow of property rights and safeguard the equal legal status and development rights of all market players.
   (6)建立健全现代产权制度。 产权是所有制的核心和主要内容,包括物权、债权、股权和知识产权等各类财产权。建立归属清晰、权责明确、保护严格、流转顺畅的现代产权制度,有利于维护公有财产权,巩固公有制经济的主体地位;有利于保护私有财产权,促进非公有制经济发展;有利于各类资本的流动和重组,推动混合所有制经济发展;有利于增强企业和公众创业创新的动力,形成良好的信用基础和市场秩序。这是完善基本经济制度的内在要求,是构建现代企业制度的重要基础。要依法保护各类产权,健全产权交易规则和监管制度,推动产权有序流转,保障所有市场主体的平等法律地位和发展权利。
III. Improving the State-owned Assets Administration System and Deepening the Reform of State-owned Enterprises
 三、完善国有资产管理体制,深化国有企业改革
7. Establishing and improving the state-owned assets administration and supervision system. The government shall separate its function of public administration with its role as state-owned assets investor. The state-owned assets administration organs shall, in accordance with the law, perform the investor's responsibilities for the state-owned assets under their supervision and administration, protect the rights and interests of the owners, safeguard various rights enjoyed by enterprises as market players, urge the enterprises to preserve and increase the value of state capital, and prevent the loss of state-owned assets. While establishing the state-owned assets budgetary institution and the enterprise operational achievement appraisal system, we should actively explore the effective means for supervision, administration and operation of state-owned assets and perfect the authorized operation system. The supervision and administration system should be established and improved for state-owned financial assets, non-profit assets, natural resources assets, etc.
   (7)建立健全国有资产管理和监督体制。 坚持政府公共管理职能和国有资产出资人职能分开。国有资产管理机构对授权监管的国有资本依法履行出资人职责,维护所有者权益,维护企业作为市场主体依法享有的各项权利,督促企业实现国有资本保值增值,防止国有资产流失。建立国有资本经营预算制度和企业经营业绩考核体系。积极探索国有资产监管和经营的有效形式,完善授权经营制度。建立健全国有金融资产、非经营性资产和自然资源资产等的监管制度。
8. Improving the corporate governance of companies. We should act on the requirement of the modern enterprise system to standardize the rights and responsibilities of the stockholders' meeting, board of directors, board of supervisors, corporate managers, and perfect the system for employment of corporate leaders. The shareholders' meeting decides on the members of the board of directors and the board of supervisors, the board of directors selects corporate managers, and corporate managers exercise the power of staffing. Such arrangement will form a check and balance mechanism among the power organ, decision-making organ, supervisory organ and corporate managers. Party organizations of enterprises should play their role as the political core, and by adapting to the requirement of corporate governance of companies, improve the way of role-playing, support the stockholders' meeting, board of directors, board of supervisors, and corporate managers in exercising power according to law, and participate in the decision-making on significant issues of enterprises. We should stick to the principle of the Party assuming the responsibility for cadres' affairs and combine it with the mechanism for employing corporate managers through market. The Central and local Party committees should strengthen and improve the administration of the team of leaders in backbone state-owned enterprises. By relying on the employees and masses wholeheartedly, we should explore the effective means of democratic management by employees under the modern enterprise system so as to protect the lawful rights and interests of employees. We should continue to propel the transformation of enterprises' operating mechanism, deepen the reform in the systems of labor, employment, personnel and income distribution, resettle redundant personnel, peel social management functions off enterprises and create a sound environment for the reform and development of enterprises.
   (8)完善公司法人治理结构。 按照现代企业制度要求,规范公司股东会、董事会、监事会和经营管理者的权责,完善企业领导人员的聘任制度。股东会决定董事会和监事会成员,董事会选择经营管理者,经营管理者行使用人权,并形成权力机构、决策机构、监督机构和经营管理者之间的制衡机制。企业党组织要发挥政治核心作用,并适应公司法人治理结构的要求,改进发挥作用的方式,支持股东会、董事会、监事会和经营管理者依法行使职权,参与企业重大问题的决策。要坚持党管干部原则,并同市场化选聘企业经营管理者的机制相结合。中央和地方党委要加强和改进对国有重要骨干企业领导班子的管理。要全心全意依靠职工群众,探索现代企业制度下职工民主管理的有效途径,维护职工合法权益。继续推进企业转换经营机制,深化劳动用工、人事和收入分配制度改革,分流安置富余人员,分离企业办社会职能,创造企业改革发展的良好环境。
9. Accelerating and improving the reform of monopoly industries. We should expand the areas for market access to monopoly industries and introduce competition mechanisms therein. Eligible enterprises should diversify the sources of investment. We should continue to propel and improve the restructuring of such industries as telecommunications, electric power, civil aviation, etc. The reform of railways, postal service, urban public undertakings, etc. should be accelerated by separating the functions of government from those of enterprises, assets and institutions. The natural monopoly businesses are subject to effective supervision and administration.
   (9)加快推进和完善垄断行业改革。 对垄断行业要放宽市场准入,引入竞争机制。有条件的企业要积极推行投资主体多元化。继续推进和完善电信、电力、民航等行业的改革重组。加快推进铁道、邮政和城市公用事业等改革,实行政企分开、政资分开、政事分开。对自然垄断业务要进行有效监管。
IV. Deepening the Rural Reform and Improving the Rural Economy
 四、深化农村改革,完善农村经济体制
10. Improving the rural land system. Household contract management of land is the core of the basic rural management system. We should keep stabilizing and improving the two-tier management system that integrates unified with separate management on the basis of household contract management, and safeguard various rights of farmers concerning contract management of land in accordance with the law. During the term of contract, farmer households may transfer the contractual right of land in accordance with the law and on a voluntary and compensatory basis. The methods of transfer should be improved so as to develop scale operation as appropriate in a step-by-step manner. We should practice the most stringent farmland protection system and secure the grain supply of the nation. We should reform the system and improve the procedures for land requisition in accordance with the principle of safeguarding the rights and interests of farmers and controlling the scale of land requisition. The use of land in construction for non-profit and business purposes should be defined strictly; land requisition shall conform to the overall planning and purpose control of land use, with fair compensation afforded to the farmers.
   (10)完善农村土地制度。 土地家庭承包经营是农村基本经营制度的核心,要长期稳定并不断完善以家庭承包经营为基础、统分结合的双层经营体制,依法保障农民对土地承包经营的各项权利。农户在承包期内可依法、自愿、有偿流转土地承包经营权,完善流转办法,逐步发展适度规模经营。实行最严格的耕地保护制度,保证国家粮食安全。按照保障农民权益、控制征地规模的原则,改革征地制度,完善征地程序。严格界定公益性和经营性建设用地,征地时必须符合土地利用总体规划和用途管制,及时给予农民合理补偿。
11. Perfecting the commercialized rural services, agricultural product market and rural support and protection systems. Rural collective economic organizations should promote institutional innovations and strengthen service functions. Farmers are supported to develop diverse forms of rural professional cooperative organizations on a voluntary and democratic basis. Industrial and commercial enterprises are encouraged to invest in and develop the processing and marketing of agricultural products. We should vigorously promote the industrialized operation of agriculture and form the industrial chain featuring the integration of scientific research, manufacturing, processing and sales. The reform of agricultural science and technology and supply-and-marketing cooperatives should be deepened so as to form a commercialized service system of agriculture with broad participation of social forces. We should improve the market system for agricultural products, open the grain purchase market, and change indirect subsidy through the distribution link into direct subsidy to farmers, in an effort to protect the interests of grain farmers. The state should give more support and protection and increase the input of treasuries at all levels to agriculture and rural areas. The mechanism for poverty-relief development should be improved. The state will direct the new increase of expenses on such public undertakings as education, health, culture, etc. mainly towards rural areas, and explore the establishment of a policy-oriented agricultural insurance system.
   (11)健全农业社会化服务、农产品市场和对农业的支持保护体系。 农村集体经济组织要推进制度创新,增强服务功能。支持农民按照自愿、民主的原则,发展多种形式的农村专业合作组织。鼓励工商企业投资发展农产品加工和营销,积极推进农业产业化经营,形成科研、生产、加工、销售一体化的产业链。深化农业科技推广体制和供销社改革,形成社会力量广泛参与的农业社会化服务体系。完善农产品市场体系,放开粮食收购市场,把通过流通环节的间接补贴改为对农民的直接补贴,切实保护种粮农民的利益。加大国家对农业的支持保护,增加各级财政对农业和农村的投入。加强粮食综合生产能力建设。完善扶贫开发机制。国家新增教育、卫生、文化等公共事业支出主要用于农村。探索建立政策性农业保险制度。
12. Deepening the rural tax and fee reform. The rural tax and fee reform is a significant step in easing the farmers' burden and deepening the rural reform. We should improve various policies on the experiment of rural tax and fee reform, cancel the agricultural specialty tax, and accelerate comprehensive and complementary reforms in government departments at county and township levels, rural compulsory education system, etc. Based on the completion of the experiment, we will cut the agricultural tax rate step by step so as to ease the farmers' burden.
   (12)深化农村税费改革。 农村税费改革是减轻农民负担和深化农村改革的重大举措。完善农村税费改革试点的各项政策,取消农业特产税,加快推进县乡机构和农村义务教育体制等综合配套改革。在完成试点工作的基础上,逐步降低农业税率,切实减轻农民负担。
13. Improving the environment for transfer employment of rural surplus laborers. The bi-directional movement and employment of rural surplus laborers between urban and rural areas is an important channel for increasing the farmers' income and propelling urbanization. We should establish and improve the training mechanism for rural laborers, propel the reform and adjustment of township enterprises, boost the county economy, expand the space for rural employment, eliminate the restrictive provisions on the movement of farmers to cities for employment, and create more job opportunities for farmers. We should unify the urban and rural labor markets step by step, strengthen guidance and administration in this regard and form a system for equal employment of urban and rural laborers. We should deepen the residence registration system, improve the administration of floating population and guide the smooth and orderly transfer of rural surplus laborers. The urbanization process should be accelerated; rural folk who have stable occupation and residence in the city may go through residence registration at the place of his employment or residence under the local provisions, and enjoy the due rights and bear the due responsibilities as local residents in accordance with the law.
   (13)改善农村富余劳动力转移就业的环境。 农村富余劳动力在城乡之间双向流动就业,是增加农民收入和推进城镇化的重要途径。建立健全农村劳动力的培训机制,推进乡镇企业改革和调整,大力发展县域经济,积极拓展农村就业空间,取消对农民进城就业的限制性规定,为农民创造更多就业机会。逐步统一城乡劳动力市场,加强引导和管理,形成城乡劳动者平等就业的制度。深化户籍制度改革,完善流动人口管理,引导农村富余劳动力平稳有序转移。加快城镇化进程,在城市有稳定职业和住所的农业人口,可按当地规定在就业地或居住地登记户籍,并依法享有当地居民应有的权利,承担应尽的义务。
V. Improving the Market System and Regulating the Market Order
 五、完善市场体系,规范市场秩序
14. Accelerating the building of a unified national market. Enhancing the unity of market is a significant task in building a modern market system. We should boost the opening up of market both internally and externally, accelerate the market-oriented reform of factors' prices, develop such modern circulation forms as e-commerce, chain operations, efficient flow and distribution of materials, etc. and promote free movement and full competition nationwide of goods and factors of various kinds. Any provisions carving up the market by obstructing fair competition, installing administrative barriers or excluding the products or services of other places shall be repealed, and trade monopolies and regional blockades shall be smashed. We should vigorously develop professional market intermediary organizations featuring independence, impartiality and standardized operation, and regulate and develop all kinds of self-disciplined organizations such as trade associations, chambers of commerce, etc. in the principle of market orientation. We should improve the market regulation system featuring the integration of administrative law enforcement, trade self-discipline, public opinions supervision and mass participation, perfect the product quality supervision and administration mechanism, harshly crack down on such illegal acts as manufacturing and sales of fakes, business fraud, etc., and maintain and improve the market order.
......
   (14)加快建设全国统一市场。 强化市场的统一性,是建设现代市场体系的重要任务。大力推进市场对内对外开放,加快要素价格市场化,发展电子商务、连锁经营、物流配送等现代流通方式,促进商品和各种要素在全国范围自由流动和充分竞争。废止妨碍公平竞争、设置行政壁垒、排斥外地产品和服务的各种分割市场的规定,打破行业垄断和地区封锁。积极发展独立公正、规范运作的专业化市场中介服务机构,按市场化原则规范和发展各类行业协会、商会等自律性组织。完善行政执法、行业自律、舆论监督、群众参与相结合的市场监管体系,健全产品质量监管机制,严厉打击制假售假、商业欺诈等违法行为,维护和健全市场秩序。
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