Shaanxi responded to selling 20 yuan celery and was fined 66,000

After 4 days of sale of 4 -board yogurt, it was fined 20,000 yuan after returning the goods, and 5 catties of celery was sold for 20 yuan. The group's inspection in Shaanxi found that some administrative penalties for small and micro market subjects in the local market supervision department have problems such as "improper punishment" and "different penalties", which affects the normal operation of small and micro market entities.

The phenomenon of "small too much punishment" is prominent

Individual households, Luo, and his wife He, run a vegetable and oil shop in Yuyang District, Yulin City, Shaanxi Province. In October 2021, Luo purchased 7 pounds of celery from a farmer in a farmer's market. Among them, 2 pounds were extracted and inspected by the Yuyang District Market Supervision Bureau. Yuan, pure profit is less than 10 yuan.

About 1 month later, the couple received feedback from the market regulatory authorities, saying that the celery had an indicator exceeded the standard. Because the celery sold could not be recovered, and the couple could not provide the supplier's license certificate and bills, they could not truthfully explain the source of the purchase, and did not fulfill their inspection obligations. The Yuyang District Market Supervision Bureau decided to impose a fine of 66,000 yuan.

This is not a case. In March of this year, a pancake shop in Tongchuan New District, Shaanxi purchased a bottle of mustard oil at a unit price of 5 yuan, which was used to make iron plate roasted eggplant. The market regulatory department was found during inspection that the mustard oil did not indicate the production date. When the shop purchased, the license and qualified certificate of the supplier were not checked during the purchase of the shop. The illegal income was 1.6 yuan and a fine of 5,000 yuan.

The inspection team consulted the administrative penalty of the Yulin Market Supervision Bureau and found that since 2021, the bureau has fined 21 food safety cases with the main fines of the small and micro market, and the case value ranges from tens of yuan to hundreds of yuan. The proportion of fines to illegal income reaches 100 to 200 times, and individual cases exceed 3,000 times.

At the same time, the local market regulatory authorities have the problem of "different penalties". For example, a supermarket in the High -tech Zone of Yulin City had sold 4 expired yogurts in a supermarket, with a case value of about 60 yuan. After returning the consumer, he was reported and later fined 20,000 yuan by the local market supervision bureau. In the first half of this year, the Yuyang District Market Supervision Bureau also seized a supermarket in the jurisdiction that a supermarket was suspected of selling expired snail powder, but only confiscated the expired snail powder and did not make other penalties.

The inspection team also found that the number of local administrative penalties was huge, and 934 administrative penalties were responsible for the market supervision department of Xi'an Two -level market, involving 533 laws, regulations and regulations. The setting of some punishment matters has been seriously separated from reality, but it has not been revised or abolished. Although some have been adjusted, the grass -roots market regulatory authorities are still being implemented.

For example, Shaanxi has promoted electronic certificates since 2021, and the certificate can be found online. However, the market supervision department of the Beilin District of Xi'an still shall be punished for punishment for small catering individual households who have not publicized paper permits in a prominent location.

Law enforcement officers have too much discretion

Punishment intensity is linked to performance assessment

The Luo couple's vegetable and grain shop is located in a farmer's market in Yulin City. The inspection team visited in a field visitor and found that only a dozen houses near the entrance were opened normally, and the rest of the stores were closed. Changmou, an administrator of the farmer's market, said that due to factors such as the epidemic and geographical location, the business of the merchant was not dazzling.

He said that her and her husband's business behavior was indeed flawed, but the amount of 66,000 yuan was too high. Their net profit of one year was only 780,000 yuan.

The inspection team believes that under the circumstances of the three -year epidemic and a large number of real economic operations, the punishment method is strict and serious, which is not only not conducive to creating a good business environment, but also to a certain extent offset the effect of helping the state helping enterprises to help enterprises relieve the effects of relief. Essence The main reasons for problems such as "improper punishment" and "different punishment" and other problems are as follows:

First, relevant laws and regulations are not detailed, and law enforcement officers have excessive discretion. According to the inspection team, some administrative penalties have been formulated earlier. Without timely correction, there are issues such as broad punishment content, abstract expression, and lack of objective standards. Some local law enforcement officers use free tailoring, and the phenomenon of random law enforcement, strict punishment, and incomparable penalties are very common.

Second, the punishment intensity is linked to the performance assessment, and forced to obey the case. The inspection team found that in the field of food safety, the relevant departments had the phenomenon of assessing the number of case handling and the scale of fines.

Third, lack of effective checks and balances on administrative penalties. According to the inspection team, the administrative penalty case was filed by the organ, the investigation collection of the authorities, and the person in charge of the authorities made a penalty decision. Although the subject of the small and micro market can make an administrative reconsideration, it is difficult to get correction. At the same time, the administrative litigation procedures are complex and time -consuming, and it is difficult for the small and micro market to bear the relevant costs. All this causes insufficient protection of the subject's rights and interests of the small and micro market.

Crude supervision and refinement of quantitative punishment standards

The person in charge of the market regulatory department of Yulin City said that it was indeed a "improper penalty" for selling 5 pounds of celery over the standard.

The inspection team believes that under the current economic situation, the market supervision department should also take responsibility for protecting market entities while maintaining market order. For market entities that have illegal acts, especially minor illegal and first illegal, cannot be punished too much, but tolerance and prudential supervision should be implemented. The inspection team suggested that market supervision departments at all levels should formulate the standard of administrative penalties in accordance with the basic requirements of market entities, refine the standards for quantitative punishment standards in accordance with the facts, nature, plot, and social hazards of illegal acts, and effectively solve the "improper punishment" "Different penalties" and "willful enforcement".

In addition, the inspection team also suggested that the market regulatory authorities should be prohibited from issuing or disguised penalties or amounts to avoid stimulating sports law enforcement due to evaluation and assessment.

On the afternoon of August 29, Ye Niu Ping, deputy governor of Shaanxi Province, held a TV telephone meeting to promote the market supervision and law enforcement inspection work in the province, inform the State Council's inspection involved in market supervision and law enforcement related issues and deployed the next stage of work. The plan focuses on the problems raised by the inspection team, coordinate the law enforcement work and service market entities, and relieve the trouble for market players.

Source: Xinhua View Point

- END -