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行政机关设定共享电单车特许经营权,最高法判了
Zhong Guo Xin Wen Wang· 2025-09-10 06:19
来源:中国新闻网 编辑:张嘉怡 一审法院判决驳回青某公司诉讼请求。青某公司不服,提起上诉。 最高人民法院二审认为,某行政审批局、某市大数据中心在该市共享电单车领域设定特许经营权,并将 之授予某市交某智慧城市开发有限公司,实际上是设定和授予共享电单车特许经营权,构成行政机关行 使行政权力限定交易,缺乏合法性和合理性,且具有排除、限制竞争效果,构成反垄断法所禁止的滥用 行政权力排除、限制竞争行为。 二审认为,鉴于某行政审批局在该市共享电单车领域设定特许经营权,缺乏法律依据,超越职权范围, 且在案证据不足以证明撤销被诉行为会损害国家利益和社会公共利益,被诉行政行为应予撤销。 故终审判决,撤销一审判决,改判撤销在某市共享电单车领域设定特许经营权并将之授予交某公司的行 政行为。 最高法表示,该案对明确滥用行政权力排除、限制竞争的认定标准,依法规制滥用行政权力排除、限制 竞争行为,推动真正放开市场准入,纵深推进全国统一大市场建设,增进市场活力具有积极意义。(完) 行政机关设定共享电单车特许经营权,最高法判了 中新网北京9月10日电(记者 高萌)9月10日,最高人民法院发布5件反垄断典型案例,其中包括最高法首 例认定滥用行 ...
中国经济微观察 从“立柱架梁”到“积厚成势” 全国统一大市场建设蹄疾步稳
Ren Min Wang· 2025-09-06 11:10
Core Insights - The article discusses the completion of the first cross-provincial housing project in China, the Fangting Water Institute, which serves as a model for breaking regional administrative barriers and promoting cross-regional collaboration [1] - It highlights the ongoing efforts in various regions, such as the Yangtze River Delta and Beijing-Tianjin-Hebei, to streamline administrative processes and enhance market integration [1] - The construction of a unified national market is identified as a key strategy for China's economic development and reform, transitioning from a phase of establishing frameworks to one of solidifying and expanding these initiatives [1] Regional Collaboration - The Fangting Water Institute project involved innovative approval systems and integrated approval models among Jiangsu, Zhejiang, and Shanghai, allowing for efficient project execution [1] - Other initiatives include the sharing of electronic business licenses and the unification of enterprise registration services across regions, demonstrating a commitment to regional cooperation [1] Economic Strategy - The establishment of a unified national market is seen as essential for China's economic growth, enabling the country to leverage its vast domestic market to drive development [2] - The transition from being a supplier of goods to becoming a global market provider is emphasized as a necessary evolution for China's role in the global economy [2] Market Dynamics - The article outlines the relationship between the new development pattern and the construction of a unified national market, highlighting the need for a shift from external market dependence to a focus on domestic market strength [3][4] - Key changes include the restructuring of globalization mechanisms, optimization of resource allocation, and adjustments in global industrial division, all pointing towards the necessity of a robust domestic market [3][4] Policy Recommendations - Specific policy suggestions are made to advance the construction of a unified national market, including macroeconomic measures to repair demand structures and microeconomic reforms to enhance income distribution [5] - Emphasis is placed on the importance of innovation and legal frameworks to protect labor rights and improve wage conditions, which are crucial for fostering a strong market environment [5]
破立并举铲除“萝卜招标”
Jing Ji Ri Bao· 2025-09-05 22:14
Core Viewpoint - The reform of the bidding market is crucial for ensuring fairness and vitality in the market economy, as well as for the construction of a unified national market [1][2] Group 1: Reform Progress and Challenges - The bidding market reform has made significant progress over the past year, but deep-rooted issues remain to be addressed [2][5] - Nearly 2,000 illegal bidding cases were exposed, and over 38,000 illegal experts were removed from the national evaluation expert pool, indicating a cleaner bidding environment [1] Group 2: Institutional Innovation and Digital Empowerment - The reform requires a dual approach of institutional innovation and digital empowerment, focusing on optimizing bidding rules and utilizing digital technology to enhance market transparency [3][4] - New standards for expert management and procurement guidelines for state-owned enterprises are being implemented to promote fair competition [3] Group 3: Regulatory Strengthening and Long-term Governance - Strengthening regulation is essential to build a long-term governance mechanism, as regulatory lag has been a significant reason for persistent issues in the bidding market [4] - Various barriers in the bidding process hinder the participation of small and medium-sized enterprises, affecting resource allocation efficiency [4] Group 4: Participation of Private Enterprises - The participation of private enterprises in bidding has increased, with over 366,000 private companies winning bids in the engineering construction sector in the first seven months of the year, a year-on-year increase of 11.9% [5] - The share of projects won by private enterprises reached 76%, indicating a positive trend in the bidding market [5]
平台企业涉税信息报送规定助推全国统一大市场建设
Xin Hua Cai Jing· 2025-09-05 08:28
Core Viewpoint - The implementation of the "Regulations on Reporting Tax Information by Internet Platform Enterprises" aims to create a fair tax environment and promote the healthy development of the platform economy, effectively curbing illegal investment attraction practices and supporting the construction of a unified national market [1][2]. Group 1: Regulation Implementation and Impact - The regulations have led to a significant reduction in the number of "shell platforms," with over 100 fewer reported since the regulations were proposed, effectively curbing illegal investment attraction practices [2]. - The regulations facilitate timely access to tax information of platform operators and employees, breaking down the information barriers between registered and operational locations, thus internalizing tax costs [2][3]. Group 2: Prevention of Tax Evasion - The regulations help identify and prevent illegal practices such as converting labor income into business income to evade taxes, which has been a common issue among platform workers [3]. - The tax authorities have clarified income classification standards for platform workers and optimized the withholding tax process, reducing the tax burden while preventing income conversion violations [3][4]. Group 3: Monitoring and Enforcement - Tax authorities will enhance monitoring of the registration of individual businesses to prevent mass conversions aimed at tax evasion, ensuring compliance with individual business registration regulations [4][5]. - The regulations also target income splitting practices among platform operators, which are used to exploit tax benefits, with tax authorities employing data comparison and risk analysis to detect and penalize such behaviors [5][6]. Group 4: Future Directions - The tax authorities plan to continue enforcing the regulations, promoting collaborative governance, and addressing chaotic competition within the platform economy, ultimately supporting high-quality economic development [6].
《互联网平台企业涉税信息报送规定》实施后作用初显
Zhong Guo Xin Wen Wang· 2025-09-05 03:40
Core Viewpoint - The implementation of the "Regulations on Reporting Tax Information by Internet Platform Enterprises" aims to create a fair tax environment and promote the healthy development of the platform economy [1][2]. Group 1: Tax Compliance and Regulation - The regulations effectively curb the use of platforms for illegal investment attraction by reducing the number of "shell platforms" by over 100 since the public consultation last year [2]. - Tax authorities can now access tax information of platform operators and workers, breaking the information barrier between registered and actual business locations [2][3]. - The regulations help prevent tax evasion by ensuring that income conversion practices are monitored and regulated [3][4]. Group 2: Monitoring and Enforcement - Tax authorities will collaborate with relevant departments to enhance monitoring of the registration of individual businesses to prevent income conversion and other non-compliant behaviors [4][6]. - The regulations address the issue of income splitting by platform operators to evade tax obligations, with tax authorities set to identify and penalize such practices through data comparison and risk analysis [5][6]. - Internet platforms are required to fulfill their tax information reporting obligations and ensure the accuracy and completeness of the information provided [6].
国家税务总局:持续推进《互联网平台企业涉税信息报送规定》落实,遏制“内卷式”无序竞争
Sou Hu Cai Jing· 2025-09-05 03:32
Core Viewpoint - The implementation of the "Regulations on Reporting Tax Information by Internet Platform Enterprises" by the State Council is aimed at promoting tax fairness and compliance among business entities, effectively curbing illegal investment attraction practices and supporting the construction of a unified national market [1][2][3] Group 1: Impact on Tax Compliance - The regulations have led to a reduction of over 100 "shell platforms" since the public consultation last year, which helps to curb illegal investment attraction practices [1] - The regulations allow relevant authorities to obtain tax information from platform operators and employees, facilitating the timely detection of non-compliant behaviors such as the illegal conversion of income types [2] - Tax authorities are enhancing monitoring and analysis of behaviors related to the mass registration of individual businesses to prevent tax evasion through income conversion [2] Group 2: Prevention of Tax Evasion - The regulations aim to prevent platform operators from splitting income and fraudulently enjoying tax benefits, with tax authorities using data comparison and risk analysis to identify and penalize such behaviors [3] - Internet platform enterprises are required to fulfill their obligations to report tax information accurately and completely, guiding operators and employees to comply with tax laws [3] - The tax authorities plan to continue enforcing the regulations strictly and promote collaborative governance to curb disordered competition and support high-quality economic development [3]
我省“十五五”规划建言献策活动火热进行中 未来五年河南怎么干 请您继续出主意
He Nan Ri Bao· 2025-09-04 23:26
Core Insights - The "I Contribute Ideas for Henan's 14th Five-Year Plan" initiative has received significant public engagement since its launch on August 22, with over 10,000 reads across approximately 150 media platforms [1][2] - The suggestions collected cover a wide range of topics, including major developmental issues such as integration into the national market, innovation-driven growth, and transportation infrastructure, as well as everyday concerns like education, healthcare, employment, and elder care [1] Group 1 - The initiative aims to gather public input to enhance the scientific and democratic nature of the planning process for Henan's upcoming five-year development plan [2] - The collection of suggestions will continue until September 22, emphasizing the importance of community involvement in shaping the future of Henan [2] - The government is committed to reviewing and incorporating the public's feedback to ensure that the new plan reflects the voices and needs of the people [2]
从田间到餐桌:首衡集团如何重塑中国农产品流通体系
Zheng Quan Ri Bao Wang· 2025-09-03 13:28
Core Viewpoint - Shouheng Group is advancing the modernization of China's agricultural product circulation system, focusing on ensuring basic livelihoods and urban safety while establishing a new agricultural product distribution pattern of "buy globally, sell nationally" [1][6]. Group 1: Market Operations - Shouheng Group operates the largest single agricultural product wholesale market in China, with over 8,700 merchants covering more than 400 categories, achieving a fruit and vegetable trading volume of 19.1 million tons and a transaction value of 141 billion yuan in 2024 [2][4]. - The market has a digital platform that tracks real-time data on incoming and outgoing vehicles, with nearly 40,000 tons of fruits and vegetables entering the market on a single day [2][3]. - The market experiences peak trading volumes around the Spring Festival, with daily transactions reaching nearly 90,000 tons [2]. Group 2: Business Ecosystem - Shouheng Group has developed a comprehensive industrial ecosystem that supports merchants through low-cost financing, promotional events, and a favorable business environment [5][6]. - The company has expanded its operations from Hebei to Hubei, establishing a "dual-core" strategy that enhances its supply capabilities across regions [6][7]. - The market serves as a critical supply base for emergency situations, demonstrating its ability to respond quickly to crises, such as delivering 20,000 tons of produce to Beijing during a market closure [10]. Group 3: Value Chain and Innovation - Shouheng Group is transforming traditional agricultural markets into modern food distribution clusters, integrating various industry segments such as logistics, processing, and international trade [8][9]. - The company emphasizes the importance of a balanced supply chain, addressing issues like "farmers' harvests not translating to profits" and ensuring efficient distribution [11]. - The digitalization and modernization efforts are aimed at creating a sustainable value chain that enhances the overall agricultural market [8][9]. Group 4: Social Impact - The operations of Shouheng Group have significantly contributed to local economies, creating over 400,000 jobs and improving the livelihoods of many families [10][11]. - The company has facilitated access to fresh produce at lower prices for consumers, exemplified by the drop in cherry prices in Hubei due to its supply chain efficiencies [11]. - Shouheng Group's commitment to social responsibility is evident in its rapid response to supply needs during emergencies, reinforcing its role as a vital player in food security [10].
以“制度统一”纵深推进全国统一大市场建设
Jin Rong Shi Bao· 2025-09-01 04:02
全国统一大市场建设必须破立并举。要建立统一的市场基础制度、市场基础设施、政府行为尺度、市场 监管执法以及要素资源市场。如此才能有效破除内部需求扩大时面临的重重阻碍,消除扰乱市场秩序的 内卷式竞争。以"制度统一"夯实发展根基,再辅以进一步扩大对内对外开放,从而有力地纵深推进全国 统一大市场建设。 纵深推进全国统一大市场建设是构建新发展格局的基础支撑和内在要求。7月1日召开的中央财经委员会 第六次会议明确指出,"五统一、一开放"是纵深推进全国统一大市场建设的基本要求。这一要求聚焦于 破除深层次的体制机制障碍,借助系统性的制度集成创新,打通经济循环中的关键堵点,从而为打造高 效规范、公平竞争且充分开放的全国统一大市场奠定坚实基础。在当前高质量发展已成全社会共识之 时,地方保护与市场分割依旧像顽疾一样困扰着市场经济的发展。行政性分权、官员考核和晋升激励制 度,以及要素流动面临的技术性和制度性障碍等因素,成为市场分割最为突出的矛盾所在。鉴于此,全 国统一大市场建设必须破立并举。要建立统一的市场基础制度、市场基础设施、政府行为尺度、市场监 管执法以及要素资源市场。如此才能有效破除内部需求扩大时面临的重重阻碍,消除扰乱市场 ...
有效畅通“大循环”,建设统一大市场
Ren Min Ri Bao· 2025-09-01 03:35
落实"五统一、一开放"的基本要求,对各地意味着什么?打破"小循环"、畅通"大循环",全面推动我国 市场由大到强转变,各地政府部门怎么看、怎么干? 不妨从三个维度来把握。 (一) 充分发挥我国超大规模市场优势,一个极为重要的方面就是纵深推进全国统一大市场建设,建成统一开 放、竞争有序、制度完备、治理完善的高标准市场体系。 "统一"意味着"一盘棋"。纵深推进全国统一大市场建设,首先要增强全局意识。 7月1日,习近平总书记主持召开中央财经委员会第六次会议时强调:"建设全国统一大市场是构建新发 展格局、推动高质量发展的需要,要认真落实党中央部署,加强协调配合,形成推进合力。" 7月30日召开的中共中央政治局会议指出:"纵深推进全国统一大市场建设,推动市场竞争秩序持续优 化。" 当今世界,市场是最稀缺的资源。谁拥有高效规范、公平竞争、充分开放的大市场,谁就掌握了发展的 主动权。 每秒钟,超143万GB数据在云端传输,近6000个快递进入寄递渠道;每一天,约2.4万户新企业创立, 约1200亿元货物在中国和世界间流动……这样超大规模且极具增长潜力的市场,成为我国发展的巨大优 势和应对变局的坚实依托。 找准"人无我有"的特 ...