第一财经

One Quick Review: 15 visits in 2 months – Standardized inspections of enterprises must be consistent in both words and actions.

原文:壹快评|2个月上门15次,规范涉企检查不能说一套做一套

The Darkest Hour for a Barbecue Shop Owner: When the “Umbrella” Turns into a “Tightening Spell”

Hello everyone, I'm your financial journalist and economist. Today, we're not talking about some boring GDP figures, but about a real story that happened in Heze, Shandong, which has sent shivers down the spines of countless small and medium-sized business owners.

The protagonist of this story is Mr. Zhang, the owner of a barbecue restaurant. Over the past two months, his shop has been inspected 15 times by five different departments, with up to three departments and nearly 20 people coming at one time on the same day. As a result, he was forced to close his business. What's even more chilling is that Mr. Zhang suspects this is all because he previously reported the disappearance of a Yuan Dynasty shipwreck artifact worth nearly 1 billion yuan.

This is not just the story of one owner's frustration; it's a mirror reflecting the persistent problems in the business environment that are visible yet difficult to address. Let me break down this incident into five key points in plain language to help you understand what's really going on and what it means for all of us.

1. “15 Inspections in 2 Months”: This Isn't Supervision, It's Harassment

First, let's clarify what normal administrative inspections should look like. Imagine you own a restaurant; departments such as fire safety, health, and market supervision need to check to ensure your products are safe and the environment is compliant. However, these inspections should be done with frequency and logic.

What happened to Mr. Zhang? From early July to early September, within just two months, five different departments (market supervision, comprehensive law enforcement, agriculture and rural affairs, natural resources, and fire safety) conducted a total of 15 inspections. At the worst, three departments arrived at the same time, with nearly 20 people present.

What does this resemble? It's like having the police check your ID today, the fire department check your fire extinguishers tomorrow, the environmental protection department check for smoke emissions the day after, and the city management department check the tables at your entrance the day after that... And they don't just check each thing separately; they come all at once, completely surrounding your business.

Why is this so frightening?

  • High Costs: The owner has to close down to cooperate with the inspections, employees have to stop working to accommodate them, and ingredients may be wasted due to the repeated checks. For small businesses, these “time costs” and “labor costs” can be fatal.
  • Breaking the Norm: National regulations clearly state that inspections should be conducted online or in writing whenever possible, and multiple inspections should be combined whenever feasible. 15 inspections in two months clearly goes beyond what's reasonable; this is more like harassment or even “surveillance.”

Conclusion: If the basic principle of “no unnecessary disturbance” can't be upheld, how can we talk about a favorable business environment? Such frequent inspections directly undermine the survival of small enterprises.

2. “Someone Reported It” Has Become an Universal Shield?

Mr. Zhang claims that the reason for each inspection was always “someone reported it.” The reasons varied: unsatisfactory kitchen conditions, lack of fire safety certification, selling dog meat, illegal construction, poor hygiene, smoke nuisance, and so on.

However, there's a huge loophole: except for the “illegal shed” that was ordered to be demolished, most of the inspections had no solid evidence. Moreover, only the market supervision department provided a complaint form with the name “Ms. Wang” on it. The other four departments didn't provide any written complaints or forms.

What does this mean?

  • “Reporting” has become an excuse for arbitrary law enforcement. If anyone can report a competitor for personal gain, and the relevant departments can then conduct inspections “legally,” it gives malicious competitors a lot of leeway.
  • Lack of Procedural Justice: Administrative law enforcement requires clear evidence and proper procedures. Without written complaints and specific details, conducting large-scale inspections is flawed from a legal perspective.
  • Information Transparency: The owner doesn't know who reported the issue or what the details are, and can only passively endure the inspections. This lack of transparency makes businesses feel completely insecure.

In simple terms: It's like someone calls the police saying your house was robbed, but the police don't show you the report or tell you what was stolen, and then they search your house thoroughly. If they find nothing, they just say, “It's okay, we're leaving,” but your house is in a mess. If this happens 15 times, can you still feel safe living there?

3. Coincidence or Revenge? The Butterfly Effect Triggered by the Artifacts Report

This is the most sensitive and central part of the incident.

Mr. Zhang had previously reported the disappearance of some artifacts from the Heze Yuan Dynasty shipwreck excavation, which were worth nearly 1 billion yuan. He reported this to the provincial culture and tourism department and also to the local police.

The Timeline is Crucial:

  • Mr. Zhang reported the issue with the artifacts.
  • On August 6, the culture and tourism department confirmed they would investigate, but there's still no conclusion.
  • The police have not officially notified him whether a case was filed.
  • Starting in early July, his barbecue shop began to receive frequent inspections.

Mr. Zhang's Suspicion: He believes he is being retaliated against for reporting the artifact theft.

Why is this suspicion significant?

  • Biggest Stake Involved: The disappearance of artifacts worth 1 billion yuan involves a significant loss of state assets and may involve interests related to archaeology, artifact management, and even local officials.
  • Common Tactics of Retaliation: In reality, there are instances of “soft violence” against whistleblowers, such as frequent inspections, fines, and license revocations, aimed at making them give up or shut up.
  • Lack of Independent Investigation: The local police and culture and tourism department's investigation has been slow, and they haven't provided any feedback to Mr. Zhang, which raises suspicions of possible protection by influential forces.

Conclusion: If this turns out to be retaliation, it's not just a matter of the business environment; it's a serious illegal act involving abuse of power and retaliation against whistleblowers. This would severely damage public trust in the rule of law.

4. The “Heze Model” Crumbles: The Huge Gap Between Promotion and Reality

The article mentions that Heze launched a “special campaign to standardize administrative law enforcement for businesses” last year, and the media reported on their efforts to create a “rule-of-law business environment model.”

This is quite ironic. On one hand, there's extensive media coverage of “good policies” and a “favorable environment,” but on the other hand, a barbecue owner is forced to close due to 15 inspections in two months.

Why is there such a contrast?

  • Formalism: Many places' “standardized inspections” exist only on paper, in meetings, and in promotional materials. Leaders may speak well, but frontline enforcement agencies continue to act as they please.
  • Distorted Evaluation Systems: Some departments may increase inspection frequencies or exaggerate minor issues to meet performance targets.
  • Lack of Accountability: Even if there are violations, it's hard to hold anyone accountable. Since the inspections are legal, it's difficult to prove they were improper.

In simple terms: It's like a restaurant with a “Michelin three-star” sign and promotional language about “excellent service,” but customers find the service poor, the food slow, and there are unnecessary charges. What would they think? “The sign is fake! The promotion is misleading!”

Consequences: One negative case can overshadow a hundred positive promotions. It severely damages the local business environment's reputation. Investors and entrepreneurs might think, “If a barbecue owner is treated like this, what will happen to my multi-billion-dollar project?”

5. How to Solve This? Moving from “Rule by Man” to “Rule by Law”

Finally, let's discuss how to address this issue. The article suggests the following solutions:

1. Establish a Unified Reporting and Comprehensive Inspection Mechanism:

  • In simple terms: Instead of going to five different departments and undergoing five separate inspections, there should be a central service point where all relevant departments can be contacted once.
  • How to Implement: Inspections should be planned, scheduled, and conducted by a unified team to avoid duplication.

2. Strictly Verify the Authenticity of Complaints:

  • In simple terms: Police shouldn't act immediately on every report. There should be a preliminary verification process to identify and stop malicious or duplicate reports.
  • How to Implement: Create a blacklist or warning system for frequent complaints about the same issue, with higher-level departments intervening for review.

3. Open Channels for Business Complaints and Ensure Accountability:

  • In simple terms: Provide a hotline for businesses to file complaints. If a business believes an inspection is unreasonable or too frequent, they should be able to complain easily, and there must be a response.
  • How to Implement: Automatically initiate investigations for businesses with abnormal inspection frequencies. Determine who initiated the inspections, what the basis was, and whether the procedures were proper. Hold responsible parties accountable if there were violations.

4. Independent Investigations to Break Local Protection:

  • In simple terms: If there are suspicions of local forces suppressing whistleblowers, local authorities may not be able to conduct an impartial investigation. Independent teams from higher levels or other regions should be sent in.

Conclusion:

Mr. Zhang's barbecue shop may have closed, but the issues raised by this incident remain. Optimizing the business environment isn't about slogans or documents; it requires every enforcement officer to act properly and every system to be strictly enforced.

The phrase “respond to all requests and avoid unnecessary disturbance” is easy to say but hard to achieve. It requires the government to restrain its power, systems to regulate behavior, and oversight to protect rights.

If even a small barbecue owner has to rely on media exposure and public pressure to get justice, how can we claim we have a “rule-of-law” business environment?

I hope Heze can provide a responsible investigation as soon as possible, not just for Mr. Zhang but for all the ordinary people struggling in the market who desire a fair environment.