What are the problems of the cases of small overweight punishment, different cases of cases, formalism, and getting cards ... What are the problems of the ninth inspection of the State Council ’s exposure?
Author:Red Star News Time:2022.08.31
In late August, the State Council organized the ninth overall inspection in many places across the country. According to a unified arrangement, the State Council has sent a supervision team to 19 provincial and municipal autonomous regions including Shanxi, Heilongjiang, Shanghai, Jiangsu, and Henan.
According to Xinhua News Agency, this major inspection mainly focused on the development of stable growth, stabilizing market entities, stabilizing employment and keeping people's livelihood, stable supply chain in the industry chain, deepening the reform of "decentralization of service" and optimizing the business environment. With the orderly inspection work, a number of inspection cases including "Shaanxi Yulin sold 5 pounds of celery were fined 66,000" were exposed and aroused heated discussions.
Red Star News reporters have sorted out a number of typical cases that have been announced at present, such as "eating cards", governing "inaction" and "excessive actions", formalism, and severe punishment. The main symptoms.
On August 31, Professor Zhu Lijia, a professor of the Central Party School (National Academy of Administration), said in an interview with Red Star Journalists that the modernization of the national governance system and governance capabilities can play a short -term effect. It will not be ignored by the central government. "Through many inspections and backs, our institutionalization construction has improved a step, and a large reform of the system improvement is also undergoing a large reform of the system. This is the key to forming a long -term effect."
↑ Screenshot of CCTV News
▶▶ From 5 pounds of celery to 4 -board expiration yogurt was punished for more than 10,000 ...
What is the border of administrative law enforcement?
Recently, the incident of "a couple sold 5 pounds of celery for selling 5 pounds of celery" in Shaanxi was verified and exposed by the State Council's inspection team. For a while, the discussion of the "high" fine rationality quickly appeared on the hot search.
According to Xinhua News Agency, the Luo couple in the case operated a vegetable and oil shop. One day in October last year, the couple purchased 7 pounds of celery, and the local market regulatory authorities extracted 2 pounds for sample inspection, but one month later, the couple received a notice of unqualified and fines. It is reported that an unqualified reason is that one of the indicators of celery exceeds the standard. At the same time, because the 5 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. 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.
Subsequently, more cases of overweight punishment also surfaced. The inspection team also found that in March 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.
In addition, the inspection team also learned that the local market regulatory authorities had the problem of "different punishment". For example, a supermarket of a high -tech zone in Yulin City has sold 4 expired yogurts in a supermarket, and the case value is about 60 yuan. After the consumer is returned, the territorial market supervision bureau is fined 20,000 yuan. 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 learned 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 is seriously separated from reality and has not been revised or abolished; although some have been adjusted, the grass -roots market regulatory authorities are still being implemented.
"The problem of administrative law enforcement of 'small overweight punishment' is that the administrative tailoring of the front -line law enforcement officers has not been clarified." Zhu Lijia, a professor at the National Academy of Administration, explained in an interview with Red Star News that the so -called administrative tailoring refers to the state. Within its authority, administrative agencies can be freely selected within legal punishment based on the administrative penalties based on legal or affairs.
Zhu Lijia pointed out that freedom choices are not arbitrary, but must be based on a reasonable category of administrative quantitative rights. The reason why there is a "small overweight punishment" and "different punishment" occurred on the one hand, on the one hand, the front -line law enforcement officers themselves did not clarify the boundary of their law enforcement, and on the other hand, the lack of supervision, and the law enforcement procedures were not legitimate. The phenomenon of "emotional law enforcement" and "random enforcement".
Behind the "small punishment" may bring the deterioration of the entire business environment. Zhu Lijia said that if there is no law enforcement border of laws and regulations, the abuse of power, or the fine of fines as increasing income may cause tremendous pressure on small, medium and micro enterprises, and then destroy the business environment.
According to Xinhua News Agency, Chen Xiao, a member of the Sixteenth Inspection Team of the State Council, said that law enforcement cannot only talk about the market order, while maintaining a good market order, they must also be small for the small. The survival of the micro -main body creates a good environment.
At the same time, the person in charge of the market supervision of Yulin City said that it will urge small and micro -subject to operate compliant operations through order, correction, criticism, education and other measures.
↑ Chen Xiao, a member of the Ninth Supervision Group of the State Council, was interviewed by Chen Xiao, a member of the CCTV News
▶▶ From the shop to a unified plaque to the farmland mechanical and electrical wells idle ...
How to effectively eliminate formalism?
In the investigation of the State Council's inspection team, there were different degrees of formalism in multiple regions, as well as the situation of "excessive acting" and "inaction" of relevant departments.
According to Xinhua News Agency, the State Council went to Shanxi to supervise the team in Yongji City. Starting in July, shops along the streets and towns were required to demolish the original door plaque and replaced with new plaques with uniform styles and colors. The cost is paid by the engineer, involving a total of more than 80 million yuan. In this regard, the inspection team provided the situation to the Yongji Municipal Government. At the same time, it would be said that the next step will be urged to urge the local government to abstain from formalism and efforts, and to seriously rectify the problems found in the supervision and inspection.
Such formalism does not only exist in Yongji. According to Xinhua News Agency, in Tongliao, Inner Mongolia, the inspection team found that a large number of farm and electrical wells were built in the left flag of Korqin, Tongliao City, but it was unavailable and unattended. A local village villager said: "The 29 -port electrical wells in the village were built in 2014, and they were not used normally after being built." The inspection team's investigation, the construction unit of the electromechanical well was the Natural Resources Bureau of the Left Wing Banner of the Korqin. Regarding the inaccessible doubts of the electromechanical well, the person in charge of the project insisted that the water outlets were used normally during acceptance. However, local power supply companies said that because the required power side lines were only completed in November 2015, it was impossible to exist. So, who is these mechanical and electrical wells under its jurisdiction? According to Corqin's left -wing back flag, who has benefited from the electromechanical well system, in other words, the village is responsible for management and protection, but the village does not have enough funds and capabilities to manage and protect it. These blind -built mechanical and electrical wells were idle.
In this regard, the inspection team believes that the relevant local departments have re -project to fight for, light project supervision, and the project is completed. Regardless of the actual situation, the responsibility is pushed to the village collective body waste.
Elimination of formalism and face projects is no longer a new topic. Zhu Lijia pointed out that the so -called formalism is manifested on the one hand in the administrative "raising up, gently falling down", but shouting the slogan without actual actions, and at the same time as the leadership, the people are fooling the people; on the other hand, it is reflected in the big image Engineering, decorating political achievements, or driven by departments and personal interests, some projects are linked to departmental departments and personal interests. "Behind the formalism is the wrong thoughts of Mei Shang. For the interests of the department or individuals, regardless of the actual interests of the masses and the country, make wrong administrative decisions, and waste national resources, and will also bring unnecessary pressure on the masses. ","
Zhu Lijia believes that formalism is essentially subjective and utilitarianism, and the root cause is the misplacement of political achievements and lack of responsibility. It replaces solid implementation in a vigorous form, covering contradictions and problems with a bright appearance. To prevent this situation, it is necessary to guide the administrative organs to establish a correct outlook on political achievements. At the same time, it is necessary to supervise approval and fully demonstrate various projects and administrative decisions to prevent meaningless "face projects" to reproduce the market.
▶▶ Enterprise encountered 5 times in 4 months to "eat and get cards"
How to ensure a fair and fair business environment?
During the inspection process, it was also found that some regions still exist in the situation of hazarding the business environment and market entities such as "eating cards" to enterprises.
During the inspection of the Fifth Inspection Team of the State Council in Xinghua City, Jiangsu Province, it was found that in February this year, a local plastic product company invested in the factory in Xinghua City. , Involved more than 21,000 yuan. The inspection team conducted a clue of problems reflected by the State Council's "Internet+Inspection" platform through the State Council's "Internet+Inspection" platform. During an unannounced visitor, some staff members of the city's market supervision and administration bureau shall apply for training certificates, issuing inspection certificates, and on -site review. Many companies "eat cards" not only interfere with the production and operation of the enterprise, but also cause a heavy burden on the enterprise.
According to Xinhua News Agency, in February this year, Du Mou, the person in charge of the above -mentioned enterprise, intends to invest in the factory in Daxing Town, Xinghua City, and came to the Xinghua Market Supervision Bureau for consultation. The former section chief Yan and others asked for the name of 10,000 yuan for the application of QS certification. In the following four months, Du Mou encountered five times such as Wan Mou and Yan.
The inspection team's survey found that since September 2019, the original section chief of the bureau Yan Mou and others under the name of industrial product license writing declaration materials, etc., received a total of more than 100,000 yuan for dozens of enterprises. In addition, there are multiple enterprises. The Lord expressed his dissatisfaction with many functional departments such as Xinghua Market Supervision Bureau.
"Grass -roots administrative personnel are often the main body of the behavior of eating cards, but these extremely individual behaviors will cause the credibility of relevant departments to lose their credibility." Zhu Lijia believes that grassroots administrators and the people can directly represent the national administration. In the image, if the grassroots power is corrupt, the effect of "a mouse shit, a pot of soup is broken", thereby reducing the government's credibility and damage to the government image.
On the other hand, the behavior of "eating and getting cards" will also allow market entities, especially small and medium -sized enterprises to face huge survival pressure, affecting fair and fair business environment. In the view of Zhuli's family, through this inspection, we must play a warning role of "killing chickens and monkeys" for corruption behaviors. Power is closed into the cage of the system.
"Strongest supervision, more powerful punishment, and more all -round supervision and exposure complaint channels are all effective methods to prevent such small greedy and small rot." Zhu Lijia said.
In response to the problems found in the inspection process, the city has also filed a case for the relevant personnel and conducted a comprehensive investigation. On August 28, according to the report of the Xinghua Discipline Inspection Commission, the Xinghua Market Supervision and Management Inspection Brigade hosted Wan Zhishan at the fourth level of Wan Zhishan is suspected of serious disciplinary violations and is currently undergoing disciplinary review and supervision investigation. Two days ago, Xinghua Market Supervision The original fourth -level hosted by the Authority of the Authority of the Authority has been notified.
▶▶ Invoicing, refusal business, and existing conditions for no reason ...
The second -hand car market is chaotic, where is the loopholes of administrative management?
Promoting green consumption is a major meaning of the national economic development over the years. Among them, encouraging the development of the second -hand car market has become an important project supported by multiple national departments policies. For example, the seven departments such as the National Development and Reform Commission and other seven departments issued the "Promoting Green Consumption Implementation Plan" in January this year, which proposed that: actively develop second -hand car distribution business, promote the implementation of a comprehensive cancellation of second -hand car restrictions, and further expand the circulation of used cars; gradually gradually expand the circulation of used cars; gradual gradually Cancellation of the purchase restrictions on new energy vehicles in various places, and promoting support policies such as restrictions and road rights ...
Implementing a comprehensive cancellation of restrictions can play a great role in free circulation throughout the country, and at the same time, it can also promote the healthy development of the entire car consumption. However, during the inspection of the State Council, multiple second -hand car trading behaviors were blocked for no reason.
According to Xinhua News Agency, the third inspection team of the State Council received multiple problems in Harbin used car transactions during the inspection of Heilongjiang, and found that there were multiple problems in Harbin used car transactions. The masses reported that second -hand cars from other places were moved into Harbin. Even if the vehicle was valid and the annual inspection period was valid and the validity period was valid, it was forced to test the exhaust test, otherwise the transfer would not be processed. But Harbin's second -hand car transfer does not need to detect exhaust.
↑ Harbin Foreign Vehicle Tail Vitality Testing site issued by Xinhua News Agency
At the same time, it was also found in the survey that some motor vehicle registration service stations can use the special advantages of opening second -hand vehicle trading invoices and assist in handling motor vehicle registration business. Recognize, refuse to handle business, and cause obstacles to free transactions of used cars. In addition, many motor vehicle registration service stations, agency agencies, etc. often bundle a "service fee" in the name of invoicing, tail gas testing, vehicle inspection, transfer, and license plates, and the price ranges from more than 100 to 500 yuan.
The inspection team stated that for vehicles that are still moved into vehicles that are still moving into vehicles during the effective period of environmental protection inspection and the validity period of the annual inspection, it is used to use tail gas testing to take different treatments for foreign and local used cars. Not conducive to the circulation of second -hand cars.
In fact, the problem of used car transaction is not a case in this major inspection. According to the people's reports, the inspection team conducted an unannounced visit to the issue of transaction invoices in the Huizhou used car trading market in Zhejiang, when the transaction invoice was issued on behalf of the transaction invoice, and only the service fee was too high, only the charge and no service, and found that this fee was indeed higher than the level and surrounding areas. Native
In the context of a number of central policies to encourage the development of the used car market and clearly request the cancellation of transfer restrictions, why is the implementation of the local area hindered? In the view of Zhuli's family, the central policy is difficult to implement local, or it is overweight or running off. The main reason is that local protectionism still exists. Driven by local interests, the central policy will not be implemented or not. Perform comprehensive execution.
"For example, some state's policy of benefit the people will weaken fiscal revenue such as local taxes, so the enthusiasm of local implementation will be reduced, and even the local land policy will be greatly engaged, or the" law does not blame the public "for the unshaps not to implement the" law or personnel ' Management attitude will cause the central government to be difficult to implement. "Zhu Lijia believes that to eliminate the occurrence of similar phenomena, you cannot rely only on the supervision of the central government. Accountability and punishment are especially effective.
In fact, many people are also worried that after the central inspection, various issues will return to the past, and they cannot fundamentally improve administrative efficiency. In this regard, Zhu Lijia pointed out that the central supervision or looking back at it, the main role is to discover the understanding of the grass -roots problems, and at the same time play a warning role through a heavy punch. Optimize the construction of the system and optimize the administrative supervision system.
"Promoting the modernization of the national governance system and governance capabilities, supervision can play a short -term effect, but the problem of refracting during the inspection process will not be ignored by the central government." Zhu Lijia told Red Star News reporters that through many inspections and turns back Looking at, our institutionalization has improved a step, and the reform of the system is also undergoing a big reform of the system. This is the key to forming a long -term effect.
Red Star reporter Yang Yuqi Wu Yang intern Cheng Yichen
Edit Yu Dongmei Guozhuang
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