The Rule of Law Provides the Best Business Environment



Chongqing is growing up to an international metropolis with mature environment of rule of law.



Chongqing's popularity as an investment destination for attraction to international large companies has been increasing rapidly, and the legal environment for business in Chongqing has also been continuously improved and upgraded. "Chongqing Currents" exclusively interviewed with Dr. Liang Shuang, an international law expert at Southwest University of Political Science and Law, on topics related to the legal environment for business in Chongqing.


How to develop the concept of "the rule of law is the best business environment"?


The business environment includes all kinds of external environments that an enterprise may confront in its life cycle from start-up, operation to dissolution. The term good business environment fundamentally refers to the external environment that can support enterprises to operate healthily and develop sustainably, and within this the rule of law is an important part. The rule of law environment is an important standard for enterprises to estimate the expectations and guarantees of their interests. When a large-scale international enterprise considers entering the market of a particular host country, it often first studies the bilateral treaty between its home country and the host country or the multilateral treaty to which both countries are parties, prior to the commercial value of the project.


You have worked in the Treaty and Legal Department of the Ministry of Foreign Affairs and were one of the drafters of the China (Chongqing) Pilot Free Trade Zone Regulations. How would you evaluate the current legal environment for business in Chongqing?


Chongqing has always attached great importance to optimizing the business environment. The Regulations on the China (Chongqing) Pilot Free Trade Zone, which I participated in drafting, has a separate chapter dedicated to the business environment. Given the legislative purpose and the process of discussion, we can see the determination of the Chongqing government and all sectors of society to optimize the business environment in Chongqing. In 2020, we were instructed by the Chongqing High People's Court to translate the case allocation rules of Chongqing People's courts at all levels and districts into English, in order to help foreign enterprises. In terms of the environment of rule of law, as an inland logistics hub, Chongqing's innovation in laws of logistics is more prominent at present. Chongqing is becoming an international metropolis with a mature rule of law environment.


You are currently working on the World Bank's assessment of Chongqing's business environment. Could you please introduce some of the relevant information?


I am currently doing preliminary assessment work for the World Bank's assessment of Chongqing's business environment. The World Bank's business environment assessment standards in 2023 involve ten aspects, referring to market access, infrastructure, taxation, international trade and so on. Almost every aspect involves the assessment of relevant laws and regulations. Besides Beijing and Shanghai, Chongqing is the third city in the World Bank's assessment of China's business environment, which is of great significance.


Currently, Chongqing has attracted 316 Fortune 500 companies. What do you think are the main factors attracting large international companies?

As the largest inland city in China, Chongqing has consistently attracted the attention of large-scale international enterprises. Chongqing's traditional industries such as laptop processing and logistics are the highlights. However, the attraction of Chongqing is far more than these. The 2022 notice of "Cheng-Chongqing Co-construction of Western Financial Center Planning" clearly mentions Chongqing as the base for building a west China financial center. In addition to traditional industries and logistics, Chongqing is gradually opening up the financial sector, which is a standard part of a city to truly become an international metropolis. The opening up of the financial sector to promote the flow of international capital will play a particularly important role to settle various international large-scale enterprises in Chongqing.


法治是最好的营商环境


重庆正在成为一个法治环境成熟的国际大都市。


近年来,重庆对国际大型企业的吸引力与日俱增,重庆的营商法治环境也不断得以改善升级。日前,就重庆营商法治环境相关话题,《魅力重庆》对西南政法大学国际法专家梁爽博士进行了专访。


请问该如何理解“法治是最好的营商环境”这一理念?


营商环境囊括了企业从开办、运营到注销整个生命周期中面临的各种外部环境。所谓好的营商环境从根本上来说就是指能助力企业良性运作、可持续发展的外部环境,法治环境是外部环境的一个重要组成部分。而法治环境则正是企业评判自己利益预期与保障的重要标准。当一个国际大型企业在决定是否进入一个特定东道国国家的市场时,往往首先会调研其母国与该东道国之间的双边条约或者两个国家都加入的多边条约,随后才会去评判项目的商业价值。


您曾经在外交部条约法律司工作,亦是《中国(重庆)自由贸易试验区条例》起草者之一,您如何评价重庆目前的营商法治环境?


重庆历来高度重视优化营商环境。我参与起草的《中国(重庆)自由贸易试验区条例》里面就专门为营商环境单列了一个章节。无论从立法目的还是从立法研讨过程来说,我们都能感受到重庆政府与社会各界对优化重庆营商环境的重视和决心。2020年,我们就已经受重庆市高级人民法院的委托,将重庆市各级人民法院,各区人民法院的案件分配规则进行英文翻译以便利外企。在法治环境方面,重庆作为内陆物流枢纽,目前在物流方面的法治创新体现得更加突出一些。重庆正在成为一个法治环境成熟的国际大都市。

您正在参加世界银行对重庆营商环境的评估测评工作,能否请您介绍一下相关情况。


我目前正在为世界银行对重庆营商环境的评估做前期测评工作。世界银行2023年的营商环境评估标准涉及市场准入、基建、税务、国际贸易等十个方面,几乎每一个方面的评估都涉及到相关法律法规的评估。重庆是在北京、上海之后作为世界银行对中国营商环境评估的第三个城市,意义非常重大。


目前重庆已经吸引了316家世界500强企业落户,您认为重庆目前对于国际大型企业的吸引力有哪些?


重庆作为中国最大的内陆城市,国际大型企业的目光一直对其紧密关注。重庆传统的笔电加工、物流产业等都是吸引点。重庆未来的吸引点远不止这些,2022年《成渝共建西部金融中心规划》的通知明确提到重庆打造西部金融中心。除了传统的产业和物流外,重庆正在逐步开放金融领域,这是一个城市真正走向国际大都市的标配。金融领域的开放从而促进国际资本的流动,将会对各类国际大型企业落户重庆起到特别重要的作用。