Cover comment ｜ Selling 5 pounds of celery penalty 66,000 administrative punishment stress Avoid "improper punishment"

□ Song Xiao

According to CCTV News, the inspection team of the State Council recently received a report from the public that after a self -employed household in Yulin, Shaanxi sold 5 pounds of celery, it was fined 66,000 yuan by the market supervision department. They found that on the day of October last year, the Luo couple purchased 7 pounds of celery, and then the local market regulatory authorities extracted 2 pounds for sampling inspections. The inspection results were unqualified and imposed a penalty of 66,000 yuan.

Such a disparate proportion of penalties is not only amazing. Is there a necessary fine for tens of thousands of dollars in a case value? Is it improper? In fact, to answer these questions, you must first clarify the reason why 5 pounds of celery were fined tens of thousands of yuan. According to the penalty decision given by the local market supervision department, the store cannot provide the supplier's license certificate and bills, cannot truthfully explain the source of purchase, fail to perform the obligations of the purchase inspection, and suspected of operating the behavior of limited food for food safety standards. Therefore, "several crimes and punishment", fines of 66,000 yuan.

Among the administrative penalties made by the market regulatory authorities in the past, the punishment was too light, and it was likely that it could not play a special effect; too much punishment would cause doubts, and merchants often could not bear it. The key question is, how much is the fine and reasonable and legal? This involves the principle of "over -punishment" for administrative penalties. On the one hand, when laws and regulations have a clear punishment for "over -range" operations, how much punishment is punished, there is no doubt for merchants; on the other hand, when the punishment process of law enforcement personnel and market supervision departments, it will often be based on the punishment process of law enforcement personnel and market regulatory authorities. The administrative penalties in the Administrative Penalty Law are determined, which has led to the illegal income and fines of some restaurants, showing incorrect situations.

Similar to the previous situation of "improper punishment", before that, Hefei, Anhui, had a lot of restaurants in Hefei in Anhui, which was fined 5,000 yuan for selling "cold cucumbers". What the two things are reflected in is that in real life, some illegal acts and penalties are not proportional, and the problems of severe punishment still exist. Because the law is the principle of principle, but some specific cases are very different. For an ordinary restaurant or individual household, there is often no way to learn more about some legal regulations. Food, which requires them to improve and standardize production or operation, sometimes it seems a bit harsh and "theoretical".

All these can actually show that the disputes that are not quite caused by the punishment are not uncommon in the field of market supervision. Similar to Yulin's husband and wife shop was fined tens of thousands of yuan for selling celery, it was a serious punishment of administrative penalties and was suspected of fines for fines. According to the relevant provisions of the Food Safety Law, if the value of food and food additives that illegally produces and operates less than 10,000 yuan will be imposed, and a fine of more than 100,000 yuan will be imposed, but Article 34 of the Food Safety Law will be Article 124 also stipulates that "foods that produce and operate over -range and use food additives" "production and operations with foreign bodies, adulterated or mixed or sensitive foods, food additives", etc. The logic behind it still reflects the punishment of the new food safety law on the overdue fake products of sales, from ten times to ten to twenty times of penalties.

In other words, the average market price of 5 pounds of celery is about dozens of yuan, but if the pesticide residue content operated by celery exceeds the limited edition of food safety standards, the market regulatory authorities will punish this behavior in accordance with relevant regulations. The problem is that law enforcement cannot only talk about the strength, regardless of temperature, and punishment cannot just look at the regulations and not to see the reality.

What public opinion cares is whether small and medium -sized enterprises and individual industrial and commercial households can be taken care of. When they have some illegal illegal or violated issues, can they open or punish them with less punishment? As a market regulatory authority, it should comprehensively consider the facts, circumstances and social harm of illegal acts, and reduce the degree of damage to the subject of small and micro markets. The market order also provides a good living environment for the main body of the small and micro market.

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