·The National Committee of the Chinese People's Political Consultative Conference Li Shufu said: speed up the automatic driving legislation

From March 3, China entered the "two sessions time." Many representatives from the automotive industry have successively announced their suggestions. Today, Li Shufu, member of the National Committee of the Chinese People's Political Consultative Conference and chairman of Zhejiang Geely Holding Group, put forward his views on the three themes of autonomous driving, private education and e-commerce.
I. Accelerate Automated Driving Legislation Autopilot cars will become the development direction of the auto industry in the future, with great social value in personal, transportation and social aspects. This point has been reached in industries and governments in Europe, the United States, Japan and China. Studies have shown that 95% of traffic accidents are related to people's wrong driving behavior, and autonomous driving can fundamentally correct this error, effectively reducing traffic accident mortality and improving road safety. Autopilot can also improve fuel economy by up to 15-20%. The reduction of traffic accidents will make traffic more smooth and reduce congestion. The research on expressway trains that have been carried out abroad using autonomous driving technology shows that the speed of the front and rear workshops can be effectively controlled within 5 meters without speed of more than 100 km/h, which will further solve the high-speed or urban ring roads. Traffic congestion problem. On the other hand, for consumers, driving is often a burden and no longer a pleasure in traffic jams or commuting. When the vehicle is in the automatic driving mode, the automatic driving can liberate the driver, making it more efficient to use the time inside the car - or leisure or work. Automated driving can also provide solutions for the independent travel of elderly and disabled people. At present, Volvo, Tesla, and Mercedes-Benz have semi-automatic driving functions. With the continuous development and maturity of related technologies and the rapid development of Internet technology, the industry expects that more and more semi-automatic driving or highly self-driving cars will be introduced to the market in the next 10 years. However, there are still various obstacles to the current laws and regulations of countries and regions for the road test of autonomous vehicles and the subsequent large-scale promotion.
Li Shufu believes that autonomous driving brings new challenges and opportunities to the development of China's auto industry. It is imperative to make early decisions on possible problems and to carry out legislative preparations as soon as possible. Its urgency and necessity are mainly reflected in the following points:
1. Automated driving legislation has become a new international concern. Currently, the US National Highway Traffic Safety Administration is guiding the development of laws and regulations applicable to autonomous driving from the US federal government level, and plans to cancel some obsolete automobile safety regulations and guide them. Coordinating laws and regulations at the state level of the state, enabling automakers to test the autonomous vehicles more smoothly and promote the development and promotion of autonomous vehicles. The relevant working group of the United Nations Economic Commission for Europe (WP21, WP29), based in Geneva, Switzerland, is studying how to amend existing laws and regulations to make autonomous driving legally possible, such as how to legally allow drivers to engage in activities other than driving. The Brussels-based EU headquarters is also conducting discussions and research at the same time, how to amend the current laws and regulations on driving (ECE R79) to support the healthy and rapid development of autonomous driving. Japan has also proposed legislation to achieve self-driving cars by 2020, and will also autopilot as the topic of the G7 meeting of transport ministers in September this year. It is expected that the draft regulations will be compiled during the year.
2, China's situation has its own complexity and uniqueness Although international standards can provide great reference, but also need to develop industry standards and laws and regulations in line with their own circumstances. In particular, it is necessary to consider the complexity of road conditions in China, including road facilities, types of road vehicles, pedestrians, signal measures, and the initial stages of car socialization.
3. A legislative or industry regulation requires a certain period of time to begin consideration of the autopilot legislation as early as possible, which will help establish the Chinese autopilot industry norms, promote the benign development of the industry, and guide social investment. Moreover, with the establishment of relevant legislation and industry norms, we can maximize the promotion of related industries in the “Made in China 2025” strategy to achieve the cornering of the international stage.
Specific to the content and formulation of automatic driving legislation, Li Shufu believes that the following aspects should be considered:
Study and analyze China's current laws and regulations, identify and proceed to modify the relevant provisions that hinder the development of autonomous driving. For example, the Ministry of Public Security is responsible for the driver's driving behavior regulations, and can study how to allow the driver to leave the steering wheel with both hands and engage in activities other than driving, such as sleeping or working. The Ministry of Industry and Information Technology is responsible for vehicle safety, involving vehicle safety compulsory certification requirements, product safety requirements for product recalls under the AQSIQ, civil liability for accidents in automatic driving mode, and whether criminal liability is no longer applicable in automatic driving mode. Research on such issues.
As a new technology, the ultimate promotion of autonomous driving must be inseparable from the wide acceptance of users. The government should guide auto manufacturers or parts suppliers and university research institutions to pay attention to user experience. The developed autopilot technology must provide a better user experience than a more complicated in-vehicle operation experience, thus promoting autopilot. Lay a good user base.
Automated driving can achieve more significant social effects in solving traffic congestion and air pollution in large and medium-sized cities and megacities, and these regions are also in urgent need of automatic driving. Foreign countries such as the large-scale Swedish DRIVE ME automatic driving test project are carried out on the way to the Gothenburg citizens. In order to ensure that the pilot demonstration of autonomous driving has a better guiding research significance for practical work, after careful verification, it is possible to boldly consider the best applicable environment for highly self-driving cars, such as the 5 ring 6 ring in Beijing and other areas, and promote automatic Driving the construction of the pilot area.
The development of autonomous driving requires a comprehensive consideration of the relevant industrial policies of the legislation. It is necessary to comprehensively consider how to formulate relevant industrial policies, including technical routes, industry standards, safety regulations, traffic enforcement, and insurance liability. Also consider urban planning legislation, including infrastructure transformation, intelligent transportation planning, and smart city planning. In terms of relevant responsible parties, we must carefully consider the powers and responsibilities of manufacturers, drivers, pedestrians, insurance companies, etc., and accelerate the rapid development of the industry on the track of full recognition and compliance.
Second, prudent and reasonable revision of the Private Education Promotion Law on the revision of the Private Education Promotion Law. There are two main contents that attract attention. One is to abolish the "reasonable return" system, and the second is to establish a for-profit and non-profit legal person registration system. Private schools implement classified management. This has aroused strong repercussions and heated discussions from all walks of life. At present, reforming the private education system and revising the private education promotion law is the general trend. However, whether the changes in the above two systems are more realistic, more scientific and reasonable, and can promote the development of private education, it is worthwhile to continue to study in depth. Some policies, such as “contributors investing in assets as confiscation or donation”, are likely to lead to “policy panic” by the organizers, and then “reverse selection”, which will cause serious harm to the sustainable development of private education. The goal and result of the revision of the law is to promote the sustainable development of private education, and not to promote “return” or “death”. Before completing the revision of the relevant superior laws, especially the establishment and improvement of supporting policies, it is not appropriate to immediately abolish the reasonable return system, and it is not appropriate to implement classified management for private schools. Specifically make the following recommendations:
1. Properly handle the existence and payment of a reasonable return system. The reasonable return system is based on the fact that the main characteristics of private education at this stage are the basic national conditions of investing (funding) education rather than donating money, and the correct decision based on the principle of fairness and justice, which is in line with the reality of private education. It is the state's encouragement and support for private education. The legal commitment to “bringing spring to private education” has greatly stimulated the enthusiasm of social forces to invest in running schools and promoted the gradual formation of private education systems and quality resources. However, the cancellation of the reasonable return system when the timing of the implementation of classified management is still immature will inevitably cut the continuity of the policy, not only affecting the reinvestment of existing private education investors, but also affecting those who are preparing to invest in running scholars. confidence. In fact, on the one hand, the reasonable return system has not been clear and specific rules can be followed, and the operability is not strong. On the other hand, private schools, regardless of whether they have the conditions, are mostly unable to obtain or justifiably return due to lack of system. . It can be seen that the "reasonable return" system is not infeasible, nor difficult to implement, but is not implemented at all. Therefore, if it is difficult to implement the classification management system in a short period of time, the rational distribution system should be retained, and the experience of Jiangsu and Zhejiang should be used to improve it. The State Council should formulate specific measures, clearly define the rules, and enhance the operability of the system. It becomes real, concrete and feasible.
2. Improve supporting policies and regulations, and promote classification management. Perfecting supporting policies and regulations is the precondition and basic guarantee for the implementation of classified management. If this problem is not resolved, differences will continue to exist. In reality, the main body of investment in private schools is complex and diverse. Private schools have different development trends. Some schools have completed school accumulation and embarked on the road of donating funds. Some schools have developed quite maturely. There are also levels that initially reflect the return to “public welfare”; some schools are still in the stage of rolling development, and have not yet left the crisis of survival, and urgently need government support. Therefore, the timing of the implementation of the non-differentiated “category management” is still immature. Last year, the revision of the Private Education Promotion Law “not to be put to the vote” also indicates that the conditions are still not met, and that “one size fits all” is unscientific, and should be left for the reform of the classified management of private schools. There is plenty of room to explore. A more reasonable and prudent approach is to embody differences in geography, to differentiate between phases, and to give different types of private schools a transition period of different time limits. During this period, the government should continue to improve the policy environment for investment in running schools, explore the establishment of a market mechanism for private education, increase financial support, and further attract private funds into the education field. It is necessary to completely abandon the traditional thinking habits of "surnames and surnames", regardless of public-run privately, mainly to see performance, to see input and output, and to see growth. For those who donate money to run a school, the government can take over and clarify the nature of its public welfare business. For those who explicitly invest in education, confirm the nature of their business as a legal person, and continue to give corresponding policy support.
3. Reasonable cutting of teaching and logistics, limiting the scope of profitability. The teaching part of private education institutions is designed to serve the development of national education. The fees collected can only be used for daily teaching expenses. It is a matter of course that no profit is taken, and the logistics service part of the logistics service, especially the private colleges and universities, is completely The nature of social management, of course, must be profitable. Therefore, when the law is being revised, reasonable cutting of the teaching and logistics services should be carried out. The teaching part is not for profit, and the logistics service part must be managed. At the same time, the profitability of private education should be limited to a certain extent. Educational institutions that are organized or participated in financial funds, donated funds, or may not be established as for-profit organizations. The implementation of classified management should be done with precise legislation, reasonable revision of the law, and the availability of income. This will not only benefit the development of private education, but also prevent the proliferation of over-profit educational institutions and avoid going from one extreme to the other.
4. When revising the law, it should further clarify that private schools enjoy the same tax preferential policies as similar public schools of the same class, provide strong support measures, eliminate policy obstacles and discrimination, realize the value of fairness and justice, and ensure the virtuous circle of private education.
Third, strengthen the tax management of e-commerce business transactions With the popularity of mobile Internet, e-commerce has entered a new stage from the initial online sales. Various new business models have sprung up, and online and offline interactions have penetrated into every aspect of people's daily lives – from catering to education, from housekeeping to medical care, from car rental to aftermarket services, injecting economic development. New vitality.
However, since e-commerce transactions are generally characterized by virtuality, paperlessness, and concealment, although the existing laws stipulate the same as the physical store tax standards, objectively, in fact, online transactions not only bring the current tax system. The new challenges have also brought problems to tax authorities in tax source management. It is very important to solve the tax problem of e-commerce transactions in a timely manner to create a fair and healthy development environment. In the past year, we have seen that tax authorities in some provinces and cities have carried out audit work and dealt with tax violations of individual companies. However, China's tax administration of e-commerce transactions still lacks clear top-level design and legal provisions.
1. At present, China's taxation management of e-commerce operations is still largely in a blind spot. There are subjective or objective tax evasion and tax evasion, resulting in the loss of national and local taxes. Although the transaction is not different from the traditional transaction on the e-commerce platform, the essence of the transaction has not changed. The content of the transaction is still the goods or services in the real world. Therefore, it is fair and reasonable to bear the corresponding tax.
2. The irregularity of e-commerce business taxation also disrupts the normal market competition order. At present, the tax management of the real economy has a well-established and mature management mechanism. In many fields, e-commerce not only competes with the real economy. In a large number of industries, the real economy also begins to transfer to e-commerce or online. If it does not implement fair tax management for different business forms as soon as possible, it will hit the real economy. The ability to innovate ultimately hurts the benign development of the overall economy.
Referring to other countries, the United States has long paid attention to the study of e-commerce taxation issues, and has maintained the principle of tax neutrality through the Internet Tax Equity Act and the Digital Products and Services Tax Equity Act. Taxation cannot be more or less than other business activities.
According to the China Electronic Commerce Research Center, in the first half of 2015, the scale of China's e-commerce market transactions reached 7.63 trillion, an increase of 30.4%. It is estimated that by 2020, the e-commerce retail industry will boost economic growth by 5.48 percentage points. The market scale of e-commerce and the importance of China's economic development are rapidly increasing. The taxation management of e-commerce operations is also urgently needed for us to study and solve. Suggest:
1. Improve the legal system and strengthen the legal construction of taxation on e-commerce. First of all, a unified "E-commerce Law" should be enacted to regulate electronic transactions, electronic payments, e-commerce contracts, electronic evidence, e-commerce taxation, etc., and provide overall guidance for e-commerce, a new thing that has emerged in recent years. Secondly, according to the different forms and contents of the transaction, the existing taxation legal system should be gradually revised, and the regulations on e-commerce taxation should be added to provide an operational legal basis for e-commerce tax management.
2. Fully consider its characteristics in the practice of tax management of e-commerce operations, break the information asymmetry between tax authorities and taxpayers, and reduce the cost of tax collection and management. At the level of laws and regulations, consideration should be given to appropriate adjustments to the traditional tax system for the characteristics of various e-commerce business models. For example, in the tax management of the network about car rental platform, individuals who provide special car services may consider the way in which the income tax is collected by the platform and strengthen the operability of the tax authorities in tax practice. At the technical level, information management technology should be fully utilized to promote the flow of information between tax authorities and e-commerce platforms and payment platforms, promote the use of electronic invoices, strengthen the construction of online tax registration and online tax filing system, and enable tax authorities to operate on e-commerce. When conducting tax administration, the execution from source to collection to subsequent management is powerful.
3. Strengthen the protection of taxpayer information. Taxation of e-commerce operations depends on the acquisition and sharing of tax-related information. Whether it is a third party who has the information of the taxpayer or a tax authority that has been collected after the centralized processing of the tax information, it may abuse the power in the process of collecting and managing the tax-related information, thereby infringing the taxpayer's right to information privacy. Therefore, when formulating and improving laws and regulations related to tax administration of e-commerce operations, data security should be considered to ensure effective taxation of taxpayers' information privacy rights while paying taxes and taxes according to law.

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