"Mild illegal illegal punishment" highlights the temperature of the rule of law

[News essay] "Mild illegal illegal punishment" shows the temperature of the rule of law

In order to avoid the "one -size -fits -all" of law enforcement, explore a minor illegal fault tolerance mechanism, and further optimize the business environment, recently Shanghai released the "Guiding Opinions on Comprehensive Implementation of Mild illegal Actions in accordance with the law" (hereinafter referred to as "Guidance"), It will be fully implemented by mild illegal acts that are not administrative penalties in accordance with the law. This is the legal effect of the "first violation of penalties" of the revised administrative penalty law on the basis of the "free penalty list" in Shanghai before the revised administrative penalty law. Earlier, similar measures have been introduced in many places. For example, Beijing has a "first violation warning" measure when dealing with traffic violations.

The administrative penalty law amended in 2021 stipulates that illegal acts are slightly and corrected in time. If there is no harmful consequences, administrative penalties will not be given; if the first illegal and harmful consequences are mild and corrected in time, they may not be punished by administrative penalties. This provides a solid legal basis for minor illegal punishment. The release of the new regulations in Shanghai is a solution worth exploring.

Modern society is a social rule of law. The administrative management specifications are specific and fine. Between the laws and complicated real environment of dozens of words and the complex real environment, there may be gaps. Mechanical application methods may occur. During the execution, there must be a certain amount of fault tolerance. Giving a certain opportunity to correct the first "unintentional loss" behavior, this is not to allow the "law to discount", but to allow the law to better play the role of guidance, education, and standardization, and also avoid "punishment for punishment". Error law enforcement orientation.

The "Guidance Opinions" launched this time further detailed the scope of "minor violations", clarified the specific plot of non -administrative punishment, so that the law enforcement standards were clearer and the market had more stable expectations. On the basis of the Administrative Penalty Law, the "Guidance Opinions" further clarifies the applicable conditions for minor illegal punishment, including: illegal acts have been corrected in time; illegal acts must have no harmful consequences or slight consequences. Moreover, the "Guidance Opinions" clearly states that those who endanger national security, endanger the lives of the people, health or major property security, and endanger the basic order of market economy or social operations shall not be included in the penalty list.

From the perspective of specific applications, it is mainly due to the key areas of administrative penalties such as transportation management, market supervision, and fire supervision, and make efforts from the strongest places with the strongest feedback from enterprise. For example, in the field of traffic management, the staff of "public parking lots (libraries) have not regulated dressing, wearing a service license", "taxi vehicle body, carriage and luggage, unclean" and other matters, and are included in the list of non -punishment. , Avoid blame for related market entities. This kind of minor illegal punishment can be punished after correction.

Such a detailed standard is the self -pressure and self -challenge of Shanghai law enforcement agencies. It not only firmly adheres to the bottom line of security, but also avoid mechanical law enforcement to alleviate the difficulties of enterprises and stimulate market vitality. Of course, it is also clear that no punishment does not mean that the enterprise does not have any responsibilities. It is not a "exemption" or the indulgence of illegal. The prerequisite for this mechanism is that the enterprise promptly correct illegal acts and eliminate the consequences of harm.

The rule of law is not a "punishment governance", and "one -size -fits -all" is not the standard of the rule of law. Shanghai has comprehensively implemented mild illegal acts that are not administrative punishment according to law. The purpose is to guide enterprises and practitioners to operate in accordance with laws and regulations. It is also a refined upgrade of the rule of law.

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