·The ten-year policy test: "vehicle law" or the key to legal governance

As a pillar industry of the national economy, the legalization of the automobile industry has become an important trend in the policy field in 2014. Especially in the case of the automotive industry facing many new problems, the discussion of raising car management to the legal level has revived.
For a long time, the automobile industry policy is an important basis for the management of China's automobile industry. It is the "Automotive Industry Industrial Policy" promulgated in 1994 and the "Automotive Industry Development Policy" promulgated in 2004. After another decade of development, the automobile industry policy once again ushered in a "historical turning point."
From 2004 to 2014, China's auto industry experienced a period of rapid development. At present, China's brand development, joint-stock stocks and other discussion policies have emerged, and the current industrial policies have been unable to adapt to the current development of the auto industry. Therefore, under the leadership of the China Association of Automobile Manufacturers and other departments, there have been many rounds of discussions on the topic of industrial policy upgrading.
In the case of “governing the country according to law” at the national level, the automobile industry is expected to achieve a precedent for individual legislation in an industry. In September this year, the reporter learned exclusively that the management of the automobile industry will jump from the previous “department management regulations” to the level of “individual legislation”.
At the "2014 China Automotive Industry Development (TEDA) International Forum" in September this year, the director of the Industry Coordination Department of the National Development and Reform Commission said that at present, the macro management of China's automobile industry can no longer adapt to the new situation of industrial development, so the National Development and Reform Commission is Study and develop a new "legalization" management system.
Industrial policy encounters new challenges In the policy objectives of the 2004 edition, its planning period basically points to 2010, such as “through the implementation of this policy, China’s automobile industry will develop into a pillar industry of the national economy by 2010”. It has been shown that previous industrial policies could not adapt and guide the development of the automotive industry at this stage.
In particular, in 2014 China's own brands encountered unprecedented challenges. In September last year, China’s self-owned brand enterprises suffered “even consecutive declines” and their market share continued to decline. By July of this year, the market share of China's own brands has fallen to its lowest point since 2009.
The reason is that Xu Changming, director of the Information Resource Development Department of the National Information Center, believes that: First, the decline in the cost advantage of China's brand is in parallel with the increase in the cost advantage of the joint venture brand. This is due to the prevalence of the platform strategy of the current joint venture brand, which has greatly reduced the development of new models. And manufacturing costs. The Chinese brand is in the initial stage of research and development, and some enterprises are still in the reverse research and development stage, and the platform development cost is higher than the joint venture brand.
Zhao Fuquan, dean of the Institute of Automotive Industry and Technology Strategy of Tsinghua University, told reporters that it is necessary to clarify the market position of Chinese brands, including sales in the local market of more than 50%, and sales in the global market accounted for more than 10%.
However, in the 2004 edition of the "Automotive Industry Development Policy", there was no quantitative indicator for the development of independent brands. It only mentioned "incentivizing automobile manufacturers to improve their research and development capabilities and technological innovation capabilities, and actively develop products with independent intellectual property rights. Implement a brand management strategy."
Insufficient encouragement for the development of Chinese brands has become the most criticized part of the current industrial policy, and has also become an important direction for revision. The industry believes that the current development of self-owned brand passenger cars still needs policy support.
"The development of self-owned brands this year has encountered unprecedented challenges. If the industrial policy can not make a contribution to Chinese brands, the significance of the (automobile industry policy) is worth discussing." A person in charge of the policy-making department said.
In fact, on the eve of this year's Chengdu Motor Show, the China Association of Automobile Manufacturers took the lead in holding an internal meeting with the head of the major automobile group in Shenyang, and formed a consensus that “the new version of the industrial policy must highlight the support for Chinese brands”. It is also understood that the industrial policy being revised is either drafted at the end of this year and the plan is finalized next year.
Zhao Fuquan said that Chinese brands are “going forward in the middle of the struggle” and that there is no need to discuss the market dominant position of local auto brands at the policy level.
Behind the rule of law to deal with new problems behind the "legalization", independent brand development, access management and joint venture policies have become the three most concerned concerns of the industry, and the support for the development of independent brands has even risen to the issue of the abolition of the automobile industry policy. discuss.
A number of seniors in the automotive industry told reporters that "if the industrial policy can not clarify the market position of Chinese brands and promote the growth of Chinese brands, the significance of the introduction will be small.
At the Tianjin Forum, Nian Yong also clearly stated to the media that the future development of China's auto industry cannot rely entirely on policies. "The revision of the auto industry policy should adhere to the track of legalization. We are studying to enable our laws to cover the entire automotive industry. The life cycle and the whole process.” This also means that the establishment of a comprehensive industry chain regulation covering the automotive industry before, during and after the event has gradually surfaced.
The reporter learned that the Vehicle Law, which is similar to that found in developed countries, is being studied and planned by relevant departments. In fact, the vehicle law is not unfamiliar to the Chinese automobile industry, and has been raised many times, but the reasons for the difficulties of coordination and the timing are not ripe.
In 2009, Zeng Qinghong, deputy of the National People's Congress and general manager of Guangzhou Automobile Group, proposed the proposal to formulate the "vehicle law." He believes that China's auto industry supporting laws, regulations and policies have played a major role in guiding and promoting the development of China's auto industry, but lacked a special law to regulate and adjust the system.
For a long time, China has implemented administrative management of the automobile industry. In terms of legalization management, it lacks guidance from the basic law of the industry, resulting in imperfect laws and regulations, irregular administration according to law, scattered government management functions, and prominent “multi-head management”.
In addition to the "many management" to promote man-made obstacles to the policy, Year Yong also pointed out: "There are also many management links, multiple levels, heavy pre-approval, and Post-light supervision."
He said that heavy pre-approval refers to the problem of repeated management of vehicle manufacturing enterprises and product access management. China's vehicle manufacturing enterprises and product access management include "vehicle production enterprises and industry announcements", 3C certification, environmental type approval and fuel consumption management of operating vehicles.
The exit mechanism of the enterprise is imperfect, that is, it is supervised afterwards. There is no legal basis for the withdrawal of enterprises, and there is no legal guarantee for consumer rights such as maintenance and maintenance of socially-held vehicles after exit. In addition, production consistency management needs to be strengthened. Due to the lack of effective supervision and punishment measures, there are a large number of phenomena such as monitoring data fraud and diesel vehicles.
Yong said that the future vehicle legalization management system will strengthen the post-event supervision, implement strict and strict management, improve the enterprise exit mechanism, strengthen production consistency supervision, and strictly investigate and ban illegal scrapped automobile recycling and dismantling enterprises.
It is especially important to complete the policy and regulation system as soon as possible in the context of the industry where Chinese brands are in urgent need of support and the industry needs to be standardized. The relevant person in charge of the above-mentioned Ministry of Industry and Information Technology also told reporters that the establishment of a unified legal system and management system is not in contradiction with the current policy, but rather in coordination.
Yong said that at present, the macro management of China's auto industry has been unable to adapt to the new situation of industrial development, so the National Development and Reform Commission is studying and formulating a new "legalization" management system.

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