第一部分论述了发展中国家改善整个商业环境所需要的主要条件,同时阐述了这些领域中的进展和障碍。
The first part examines the key requirements for improving the overall business environment in developing countries and, in doing so, looks at progress and obstacles in those areas.
第二部分谈到了有助于创建良好运行公司的基本因素,即加强经济领域创业精神的各种因素,尽管让良好运行的公司健康发展的条件与产生创业技能的较为具体的因素并没有明确的区分,而且这两个问题是相互关联的。
The second part is concerned with the underlying factors that help create healthy firms — that strengthen entrepreneurship in the economy — though the distinction between the conditions that allow healthy firms to flourish and the more specific factors that generate entrepreneurial skills is not clear cut, and the two issues are interlinked.
报告的第三部分论述了私营部门为促进发展采取的行动,谈到多方利益有关者的伙伴关系、网络和商业机会,以便为贫穷者提供商品和服务。
The third segment of the report is concerned with the actions of the private sector to facilitate development, looking at multi-stakeholder partnerships, networks and business opportunities to provide goods and services to the poor.
二. 建立一个有利于商业的环境
Creating an enabling environment for business
3. 虽然人们对构成有利于商业的环境的各种因素看法不同,但是,最好集中注意六个大致条件,人们一般认为它们是有利于商业的环境的基本特征:可以付诸实施的适当条例和法律、劳动力和有关标准、资金情况、基础设施、信息和良好的国内和国际政策环境。
While there are different views as to the factors that constitute an enabling environment for business, it is useful to focus on six broad conditions that have in general been accepted as important features of that environment: appropriate and enforceable regulations and laws, labour and related standards, availability of finance, infrastructure, information and an enabling domestic and international policy environment.
这些条件对于中小型企业的经营至关重要。
In particular, those conditions are critical for the operations of small and medium enterprises (SMEs), which are responsible for most employment and income-generation opportunities and can be identified as a major driver of poverty alleviation.2
中小型企业提供了大部分就业和创收机会,是除贫的主要动力。
In particular, those conditions are critical for the operations of small and medium enterprises (SMEs), which are responsible for most employment and income-generation opportunities and can be identified as a major driver of poverty alleviation.2
A. 法律和规章体系3
Legal and regulatory environment3
4. 制定法律和规章的一个目的是保护公共利益。
One of the purposes of laws and regulations is to safeguard the public interest.
另一个目的是保护公民,使他们不受到自己或其他人的伤害。
The other one is to protect citizens against themselves or against each other.
工业化国家的法律和规章随着社会、政治和文化情况的演变而变。
Laws and regulations in the industrialized countries have evolved with changing social, political and cultural conditions.
因此,它们因国家而异。
As a result, they tend to vary between countries.
例如,欧洲国家立法和规章体系的某些方面可能与美国或日本大不相同。
For example, certain aspects of the legal and regulatory environment relating to businesses in European countries can be quite different from those in the United States or Japan.
无法说那一种法律和规章的组合最适合于发展中国家采用。
There is no simple configuration of laws and regulations that can be termed as ideal for developing countries to adopt.
此外,采用法律和规章体系的各个方面的难易程度可能因各个国家和地区的历史、文化和政治情况而异。
Moreover, the ease with which aspects of the legal and regulatory environment can be applied, enforced and reformed may vary between countries and regions in line with their historical experience, culture and politics.
5. 同样的,众所周知,在许多国家中,包括在发展中国家中,法律和规章有时未能实现预期的社会目标,并因强加不必要的费用、增加不确定性和风险、维持竞争或阻碍竞争,而破坏商业环境。
At the same time, it is well known that laws and regulations sometimes fail to meet the intended social objectives in many countries, including developing countries, and harm the business environment through imposing unnecessary costs, increasing uncertainty and risks and by maintaining or erecting barriers to competition.
因此,许多国家似乎没有什么余地,能在不损害更为广泛的社会目标的情况下,对立法和规章体系的某些方面进行改革。
There does therefore appear to be scope in many countries for reforming certain aspects of the regulatory and legal environment without compromising broader social goals.
在何种程度上能够这样做因国家而异,同时也取决于要解决的是什么问题。
The degree to which it can be done will vary between countries and also depend on what in particular is being addressed.
但是下面列有法律和立法框架可对商业环境产生重大影响的三个主要方面。
Nevertheless, three key areas are identified below in which the legal and regulatory framework could have a strong impact on the business environment.
6. 第一个方面涉及公司的开办与关闭。
The first of the areas relates to opening and closing a business.
世界银行认为,许多国家开办公司要经过的官僚手续太多,花费时间太长。
The World Bank suggests that the bureaucratic requirements to start a business in many countries are excessive and time consuming.
在拉丁美洲和撒哈拉以南非洲开办公司,需要的时间最长。
Latin America and sub-Saharan Africa were found to be the regions in which it takes the most time to start a business.
与此同时,各区域发展中国家以及许多经济转型国家的情况有所改善,尤其是阿根廷、约旦、摩洛哥、尼泊尔和斯里兰卡。
At the same time, improvements are happening in developing countries in all regions, as well as in many transition economies, including such notable examples as Argentina, Jordan, Morocco, Nepal and Sri Lanka.4 With respect to closing businesses, laws and regulations exist in a number of developing countries that restrict the ability of enterprises to restructure or shut down.
4 就关闭公司而言,一些发展中国家现在有法律和规章,限制了企业改组或关闭的能力。
At the same time, improvements are happening in developing countries in all regions, as well as in many transition economies, including such notable examples as Argentina, Jordan, Morocco, Nepal and Sri Lanka.4 With respect to closing businesses, laws and regulations exist in a number of developing countries that restrict the ability of enterprises to restructure or shut down.