Extreme review | The merchant's entry price is 1.2 yuan for potatoes for selling 2 yuan for 300,000. Is this considerable penalties?

Ji Mu News commentator Qu Jing

On August 20, law enforcement officers in the Daqing City Supervision Bureau of Heilongjiang found that there was an illegal act of raising prices in the Tudou Business Department of Agricultural and Silee products wholesale city. After investigation, the price of potatoes with a price of 1.2/jin of the business department rose from 1.4/catties to 2/jin, and the maximum sales difference rate reached 66.66%. Law enforcement officers believe that the operator has raised prices by the epidemic, seriously disrupted the market order, and the circumstances were harsh, and he planned to impose a fine of 300,000 yuan in illegal acts of the operator. (According to Daqing Evening News on August 31)

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According to reports, the Daqing Market Supervision and Administration Bureau did not only punish merchants selling potatoes, as well as merchants selling cucumber, green onions, eggplant, and oil beans. For this sale, everyone has the kindness of compassion, and it will also be considered the difficulty of hawkers. Therefore, when you see that you earn 0.6 yuan per catty, you will be fined 300,000 yuan. It will feel a bit serious. After all, it is necessary to sell 250 tons of potatoes to earn so much money. In addition, the law enforcement behavior of "selling 5 pounds of celery was fined 66,000 yuan" was identified by the State Council's inspection team as "improper punishment", so many netizens questioned that the price increase of 6 million fined 300,000 was considered a considerable penalty. ?

First of all, two things cannot be generalized. This potato business department is located in the wholesale city of agricultural and sideline products. It is a wholesale business, which means that his 2 yuan unit price is not the final market price, and consumers will only buy Generally, the number of sold is not comparable to ordinary merchants. Some large wholesale merchants sell more than a thousand tons of potatoes a year. At present, the number of potatoes sold by the wholesalers sells. The amount of illegal income is large, so in accordance with the "Administrative Penalty Regulations on Price Illegal Acts", it confiscates illegal income and imposed a fine of less than 5 times the illegal income, which may reach 300,000. Moreover, the law also stipulates that if there is no illegal income, a fine of 50,000 yuan or less than 500,000 yuan is imposed. In this situation, the fine of 300,000 yuan is not punished.

On August 20th, the average wholesale price of potatoes nationwide was 2.58 yuan/kg (picture source: China Agricultural Information Network)

Furthermore, the punishment for raising prices during the epidemic was even more severe. Because during the epidemic period, it is necessary to focus on ensuring people's livelihood. Now the north is stocking the autumn vegetables. Tudou is just needed for many families, and the price fluctuations are naturally more sensitive, and it is more related to the people's feelings. According to data from the Ministry of Agriculture and Rural Ministry, the average national potato wholesale price in the 34th week of 2022 was 2.61 yuan/kg, about 1.3 yuan/catties, and the wholesale price of 2 yuan was indeed not low.

On June 10, 2022, the General Administration of Market Supervision issued a guidance on investigating and dealing with the price illegal act during the prevention and control of the epidemic, which clearly stipulates that the operator sells the same variety of products. If the price difference rate of the sales of the "price of the administrative punishment of price illegal acts" can be determined, the prices of illegal acts stipulated in the "Regulations on the Administrative Penalties of Price Illegal Actions". "Announcement of Heilongjiang Province Corresponding to the New Coronary Virus Infection Pneumonia Epidemic Headquarters No. 4" also clearly stipulates that from January 25, 2020, the province launched the first -level response mechanism of public health incidents in the province to Soluble, drugs and other anti -epidemic supplies, as well as the price increase control of the prices of basic living necessities such as meat, eggs, vegetables, rice, noodles, and oil that are closely related to the daily life of the people. The regulatory authorities are investigated and dealt with strictly from the law in accordance with the law.

That is to say, whether it is not a "borrowing and wealth", there are clear standards. It is neither letting the law enforcement authority at the time of it, nor can it be asserted by the feelings of netizens. In fact, it was also mentioned in media reports that the Daqing Market Supervision and Administration Bureau subsequently exposed eight cases of price violations, which also involved the improper price increase of various types of fruits and vegetables, but the amount of penalties was 30,000. Under Yuan, some were fined only 5,000 yuan. It can be seen that the price violations of the Wangsan Tudou's operation department should be quite serious.

The General Administration of Market Supervision investigated and dealt with the relevant provisions of the guiding opinions of the new coronary virus infection pneumonia.

There are indeed many difficulties in the identification and investigation of price violations. The price of the price caused by the supply and demand relationship is often related to the price of the price, how to apply the law, take care of the law, grasp the policies, and test the professionalism of the law enforcement department. And wisdom. At the same time, the General Administration of Market Supervision also stipulates that operators have price illegal acts and have not caused the consequences of actual harm. If the market supervision department warns immediately correction, it may be light, reduced or exempted from punishment according to law; and how to determine and punish punishment, it is necessary to determine and punish it. Factors such as the actual business status of the operator, subjective malignant, and social harm of illegal acts are comprehensively considering the market supervision department, and the actual identification is based on the actual identification during the investigation of the case. At present, the local law enforcement department's investigation and punishment of this illegal act is still a state of "punishment", which means that it is still in the hearing stage of administrative penalties. May wish to listen to the opinions of all parties, accurately investigate and judge, accurately enforce the law, and interpret questions in time. The "vegetable baskets" of the people during the prevention and control of the good epidemic also avoid misunderstandings of "fines and revenue".

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