General Office of the State Council: Strictly prohibited!

Recently, the General Office of the State Council issued the "Opinions on Further Regulating the Formation and Management of Administrative Tailors". The "Opinions" proposes that the content of administrative tailoring is accurately stipulated, and the content of the administrative tailoring is accurate, the specific circumstances of the specific circumstances, quantitative fines in accordance with the law, and resolutely avoid punishment. Essence

Opinions of the General Office of the State Council on Further Regulating the Foundation and Management of Administrative Tailors

National Office [2022] No. 27

The people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government, ministries and commissions of the State Council, and directly affiliated agencies: Administrative tailoring rights are standardized. Sexual regulations or have a certain elastic law enforcement authority, tailor amplitude and other contents to refine and quantify the specific law enforcement standards and standards to the society in a specific form. Standardizing the formulation and management of administrative tailoring rights, the effective implementation of the protection of laws, regulations, and regulations, regulating administrative law enforcement actions, and maintaining social fairness and justice. In recent years, various regions and departments have continuously strengthened the construction of the system, refined the standards of administrative tailoring, and greatly improved the law enforcement capabilities and levels. Reasonable issues have caused administrative law enforcement to occur from strictness, width, orientation, light and severe, and different punishment of cases. In order to establish and improve the standards of administrative tailoring rights, standardize the exercise of administrative tailoring, better protect the legitimate rights and interests of market entities and the people, effectively safeguard the fair competition market order, and stabilize market expectations. With the consent of the State Council, the following opinions are now put forward. 1. Overall requirements

(1) Guiding ideas. Persist in the guidance of Xi Jinping's thoughts of socialism with Chinese characteristics in the new era, comprehensively implement the spirit of the 19th National Congress of the Communist Party of China and the 19th Plenary Session, in -depth implementation of Xi Jinping's thinking, and conscientiously implement the decision -making and deployment of the Party Central Committee and the State Council. 2. Comprehensively implement the new development concept, build a new development pattern, effectively change government functions, establish and improve the standards of administrative tailoring rights, standardize exercise of administrative tailoring, improve law enforcement procedures, strengthen law enforcement supervision, promote strict regulatory justice and civilization law enforcement, improve the administrative level according to law, Provide a strong guarantee for the modernization of government governance systems and governance capabilities.

(2) Basic principles. Adhere to the unity of the legal system. The setting of administrative tailoring rights must be based on the law, and it is based on the laws, regulations, and rules of administrative law enforcement matters, conditions, procedures, types, types, and margins. The relationship between social relationships or one -line law in a certain aspect can be connected to each other to ensure the unity, systemicity and integrity of the legal system.

Persist in procedure fairness. Strictly formulate administrative tailoring rights in accordance with the statutory procedures, listen to the opinions of citizens, legal persons, and other organizations extensively, and protect the right to know the rights and participation of administrative counterparts and stakeholders in accordance with the law. The benchmarks of administrative tailoring are publicly disclosed to the society, and the supervision of market players and the people is accepted.

Adhere to fairness and reasonable. To formulate the type of administrative tailoring rights to consider the types of administrative powers, as well as factors such as the facts, nature, plot, legal requirements, and economic and social development of administrative law enforcement. expect. To treat citizens, legal persons, and other organizations equally, the results of the category, nature, plot or similar matters must be basically the same.

Adhere to efficient convenience. Establish a concept of law enforcement as the concept of the people, actively perform legal duties, simplify processes, clarify conditions, optimize services, effectively improve administrative efficiency, avoid abuse of administrative tailoring, prevent law enforcement from disturbing the people and the simple and rude "one -size -fits -all", to the greatest extent for market entities and people The masses provide convenience.

(3) Work goals. By the end of 2023, the standard system of administrative tailoring rights is generally established, and the standardization of administrative tailoring standardization, standardization of behavior, and scientific management will be basically established. Administrative penalties, administrative licenses, administrative collection, administrative confirmation, administrative payment, administrative mandatory, administrative inspection and other behaviors have been effectively regulated. The quality and effectiveness of administrative law enforcement have been greatly improved, and social satisfaction has improved significantly.

2. Clarify the right to formulate responsibilities and powers of administrative tailoring

(4) Strictly implement the duties of administrative tailoring rights. The relevant departments of the State Council can formulate the administrative tailoring rights of this department in accordance with laws and administrative regulations. During the formulation process, we must consider the relevant provisions of other departments to ensure the coordination of connection. Provincial, autonomous regions, municipalities, and cities and districts of cities and autonomous prefectures may formulate administrative tailoring rights within the administrative region in accordance with laws, regulations, regulations, and administrative tailoring of administrative tailoring in accordance with laws, regulations, regulations and regulations. The county -level people's governments and their departments may be within the statutory standards of the administrative tailoring of the superior administrative agencies within the statutory scope. In the process of formulating administrative tailoring rights, the local people's government and their departments can refer to relevant regulations such as similar economic development and population scale, etc. in the region.

(5) Strictly regulate the authorization of administrative tailor rights. Administrative organs can formulate administrative tailor rights according to the needs of the work. No laws, regulations, and rules shall not increase the obligations of administrative counterparts or reduce the rights of administrative counterparts. For the same administrative law enforcement matters, if the higher -level administrative organs have formulated the right to regulate the right to administrative tailoring, the lower -level administrative organs should be directly applied in principle; if the next administrative organs cannot be applied directly, they can combine the economic and social development status of the region, and The scope of administrative tailoring is reasonably refined and quantified, but it cannot exceed the order or amplitude of the higher -level administrative agencies. If the administrative tailoring of administrative tailoring formulated by the subordinate administrative organs and the administrative tailor rights of administrative tailoring of the superior administrative organs shall apply the administrative tailor rights of the superior administrative organs. 3. Accurately stipulate the content of administrative tailoring rights (6) Promoting appropriate administrative penalties. For the same illegal act, laws, regulations, and rules can choose the types and amplitude of penalties, or laws, regulations, and rules. According to the facts, nature, plots, and social harm of illegal acts, refine the right to quantify the right to quantify the right to quantitatively punish the rights, and prevent over -punishment from adapting, heavy blame, and light punishment. Administrative penalties should include illegal acts, legal basis, tailoring order, applicable conditions and specific standards. It is necessary to strictly follow the relevant provisions of the "Administrative Penalty Law of the People's Republic of China", clearly not punished, free punishment, light punishment, reducing punishment, and tailoring from heavy penalties. Specific circumstances with heavy circumstances and serious circumstances.

We must persist in the penalty, and to avoid deformedness and loss of fairness. Adhere to the combination of punishment and education, and use the role of administrative punishment education to guide citizens, legal persons and other organizations to consciously abide by the law. If illegal acts are not given administrative penalties in accordance with the law, administrative organs shall strengthen criticism and education of the parties to prevent illegal acts from happening again.

It is necessary to reasonably refine the specific circumstances and quantitative fines in accordance with the law, resolutely avoid criminal fines, strictly prohibit the creation of fines by fines, and strictly prohibit the ranking of fines or as indicators for performance assessment. The amount of fines must be clear, general, and from heavy grades, and strictly limited to the statutory range to prevent simplicity or low punishment; if the amount of fine is a multiple of a certain amount, the maximum multiple and the minimum multiple must be at a certain amount of amount. Betal division is divided; if the amount of fines have a certain amount, the order of the maximum and minimum amount should be divided to compress the tailoring space as much as possible. Those who need to reduce the punishment below the type or amplitude of the legal punishment shall be strictly evaluated to clarify the specific circumstances, applicable conditions and punishment standards.

(7) Promote the convenience and efficiency of administrative licenses. Laws, regulations, and regulations on the conditions, procedures, procedures, processing time limit, non -acceptance, and changes, withdrawal, cancellation, and cancellation of administrative licenses are only principled, or the application materials for administrative licenses are not clearly stipulated. Related content can be refined and quantified, but the license conditions and links must not be added. The proof materials must not be increased. The unfair terms such as discrimination and regional restrictions must not be set or disguised to prevent industry monopoly, local protection, and market division. If administrative licenses are set in laws, regulations, and the State Council's decision, the specific conditions of administrative license shall be stipulated at the same time; if there is no provision for the time being, in principle, the relevant administrative organs shall formulate the implementation of administrative licenses in the form of rules and regulations to further clarify the specifics of administrative licenses condition. For the legal administrative license procedures, the relevant administrative agencies should optimize and simplify the internal work process and reasonably reduce the time limit for administrative licenses.

Administrative licenses need to be implemented separately by the administrative organs of different levels. It is necessary to clarify the specific authority, process and processing time limit of different levels of administrative agencies. The agency shall not push or restrict the applicant's own option. If laws, regulations, or rules do not restrict the number of administrative licenses, they shall not be approved on the grounds of quantity control. If an administrative license requires the applicant to entrust an intermediary service agency to provide intermediary services such as credit certification, inspection, testing, and evaluation, the administrative agency shall not designate intermediary service agencies.

(8) Promote the fairness and reasonable collection of administrative collection. To formulate the principles of levy, fairness and disclosure, respect for administrative relative people's property rights, etc., and focus on the standards, procedures, and permissions of administrative levy, and the scope of levy property and items should be refined to refine the standards, procedures, and permissions of administrative levy, and focus on administrative levy. Quantity, quantity, period, compensation standards, etc. For the collection, suspension, harvesting, slow collection, and exemption of administrative collection projects, the specific situation, approval authority and procedures must be clarified. Except for the collection and collection projects stipulated in laws and regulations, no new collection projects shall not be added. If the laws and regulations can be entrusted to the collection of recruitment affairs, the specific matters, conditions, permissions, procedures and responsibilities of the commission shall be clearly commissioned. Do not submit the collection service within the scope of statutory duties through the method of purchasing services to other units or individuals.

(9) Standardize administrative confirmation, administrative payment, administrative mandatory and administrative inspection behavior. Laws, regulations, and rules are only principled to administrative confirmation, administrative payment, administrative compulsory conditions, procedures, and processing time limit. If the amount of the payment specifies a certain range, the relevant administrative organs may refine the relevant content in accordance with statutory authority and procedures. Fourth, strict administrative tailoring bases (10) Clearly formulated procedures. Strengthen the management of administrative tailor -based rights, and improve the working mechanism, and determine the release form of administrative tailoring rights based on the type of administrative tailoring. In the form of rules and regulations, if the standard of administrative tailoring is formulated, procedures such as the "Regulations of the Regulations" shall be implemented in accordance with the provisions of the "Regulations on the Development of the Regulations", and procedures such as the establishment of projects, drafting, review, decision, and announcement shall be implemented. If the administrative organs need to make specific regulations on the implementation of laws, regulations, and regulations on the order, amplitude, and procedures of tailoring, they may stipulate in the form of administrative standardized documents within the legal authority. In the form of administrative normative documents to formulate administrative tailoring rights, in accordance with the requirements of the "Notice of the General Office of the State Council on Strengthening the Development and Supervision and Management of Administrative Standardized Documents" (National Office Fa [2018] No. 37) Procedures such as publicly soliciting opinions, legality review, collective review decision, and public release.

(11) Fully study and demonstration. To formulate administrative tailoring rights, according to management needs, scientifically analyzes the tailoring factors that affect administrative law enforcement behaviors, fully consider the implementation effect of administrative tailoring rights, and do a good job of scientific connection and effective combination of tailoring and tailoring factors. The secondary and balanced, ensure that the specific standards of administrative law enforcement are scientific and reasonable, and easy to use. 5. Strengthen the management of administrative tailoring rights.

(12) Standardize the application of administrative tailoring rights. Before the administrative organs make a decision on administrative law enforcement, they must inform the basis, content, facts, and reasons of administrative counterparts on administrative law enforcement behaviors. If there is a standard for administrative law enforcement, the application of administrative law enforcement decisions shall be given to the application of administrative tailoring. clear. If the administrative tailoring of administrative tailoring in the administrative organs may have obvious improper, failed fairness, or the objective situation of the administrative tailoring rights, it may be changed after the approval or collective discussion of the main person in charge of the administrative organs. Materials or collective discussion records should be preserved as part of the law enforcement papers. If the administrative tailoring rights formulated by the superior administrative organs may have obvious improper, failed fairness, or the objective situation of the applied objective of administrative tailoring rights, it may be adjusted after reporting to the approved by the benchmarking authority. For adjustment of the applied administrative tailoring rights, formulate institutions to modify it in time. Those who have caused serious consequences due to irregular application of administrative tailoring rights, strictly investigating relevant personnel responsibilities in accordance with regulations and discipline according to law.

(13) Strengthen daily supervision and management. All regions and departments shall pass the inspection of administrative law enforcement, the evaluation of administrative law enforcement cases, administrative assessment in accordance with the law, administrative law enforcement evaluation, administrative reconsideration review, and administrative law enforcement complaint reporting and other methods to strengthen the supervision of the implementation of the administrative tailor -scale rights system. examine. It is necessary to establish a dynamic adjustment mechanism for administrative tailoring rights, and the laws, regulations, and rules of administrative tailoring rights are modified, or major changes in objective conditions shall be adjusted in a timely manner. After the administrative tailoring base is formulated, the procedures and time limit reports determined by the regulations and administrative standardized documents shall be submitted to the filing of the filing system, and the supervision of the filing review agency will be proactively shared. If the record and review authority finds that the rights of administrative tailoring are conflicted with laws, regulations, and rules, it shall be corrected in accordance with the law.

(14) Vigorously promote technical application. It is necessary to promote the standardization, standardization, and informatization construction of administrative law enforcement, and make full use of technical means such as artificial intelligence, big data, cloud computing, blockchain, etc., embed the administrative tailoring of rights into the administrative law enforcement information system, and provide accurate guidelines for administrative law enforcement officers. , Effectively regulate the envoy of administrative tailoring.

6. Strengthen the implementation of implementation

(15) Strengthen organization and implementation. All regions and departments should attach great importance to the formulation and management of administrative tailoring rights, strengthen overall coordination, clarify the division of tasks, and implement responsibilities. The formulation and management of administrative tailoring shall be included in the establishment of an evaluation indicator system for the construction of the rule of law, and the content of the supervision of the government construction of the rule of law is included. Relevant departments of the State Council shall strengthen the guidance of the formulation and management of the administrative tailoring of the system, promote unified relevant standards, and timely study and solve key difficulties. The judicial administrative department must give full play to the role of organizational coordination, coordinating promotion, and guiding supervision, summarize and promote typical experience, study and solve common problems, and urge the implementation of implementation.

(16) Strengthen publicity and training.All regions and departments should increase their publicity and carry out various forms of publicity through government websites, press conferences, newspapers, radio, television, new media and other methods, so that the majority of citizens, legal persons, and other organizationsThe importance of the system and actively participate in supervision and evaluation of administrative law enforcement activities.The judicial administrative department shall organize business training in accordance with the actual situation, comprehensively adopt training courses and special lectures.The State Council departments and local administrative agencies at all levels should strengthen the training of administrative law enforcement officers, and improve the ability of administrative law enforcement to solve law enforcement issues through professional explanations, case analysis, and scenario simulation.All regions and departments shall promptly formulate and manage administrative tailoring in accordance with the requirements of this opinion, and report the implementation of the implementation of this opinion and the important matters encountered in the work in a timely manner.

The General Office of the State Council July 29, 2022

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