People's Daily 丨 The Ministry of Justice leads the organization to carry out unreasonable fine regulations, cancel 29 fines and adjusts 24 -continuously creating a business environment for rule of law

Author:Ministry of Justice Time:2022.09.01

Figure ①: In Xixi Town, Wuxing District, Huzhou City, Zhejiang Province, the staff of the market supervision department came to guide the company's compliant operation. Xinhua News Agency reporter Weng Xinzheng

Figure ②: The team members of the comprehensive administrative law enforcement detachment of Yichun City, Jiangxi Province inspected the vehicle at the highway toll station. Zhou Liang was taken by Zhou Liang

Recently, the State Council issued the "Decision on Canceling and Adjusting a Batch of fines" (hereinafter referred to as the "Decision"), and announced a group of unreasonable fine cleaning results that are closely related to the production and life of the masses and the high degree of social attention: cancel public security , 29 fines in the field of transportation and market supervision, adjust 24 fines in the field of transportation and market supervision. What are the characteristics of this cancellation and adjustment of fines? How to regulate the implementation of fines in the future? The reporter interviewed the responsible comrades and relevant experts of relevant departments.

Penal fines

Let the enterprises and the masses feel the real benefits

"'Heavy and medium trucks must keep the vehicle neat, and the regulations of the offenders' are unreasonable and affect the operation of the truck." This is the clue that the Central Committee is in the case of the rule of law in accordance with the law of the rule of law in accordance with the law. The vehicle was imposed on the grounds that the vehicle was fined, and the large truck was prohibited from passing on the national road on the grounds of air pollution.

It is understood that there is no legal basis for related punishment and restrictions, and it belongs to the relevant departments to enforce the law. The inspection team clearly wrote this issue into the list of problems, and ordered local reforms to prevent law enforcement and over -law enforcement in disguise.

Since the 18th National Congress of the Communist Party of China, administrative law enforcement agencies at all levels have continuously promoted strictly regulating and standardized law enforcement. The level of law enforcement has improved significantly, but issues such as fines and charges still exist to a certain extent.

"The purpose of fines is to urge the obligations of administrative counterparts to comply with laws and regulations, promote the performance of administrative tasks and the realization of regulatory goals, thereby maintaining social order and public interests." However, in practice, there are still problems such as fines and illegal behaviors and social hazards, and regulatory requirements are not matched with economic and social reality.

Since May last year, the Ministry of Justice has organized the State Council departments to clean up the fines of administrative regulations and departmental regulations. A few days ago, the State Council decided to cancel 29 fines and regulate management in other ways; adjust 24 fines, and reduce the amount of fines according to the principle of considerable principles of fines.

Cancel and adjust fines, focus on close related fields with the production and life of the masses and the masses, so that enterprises and the masses can feel the real benefits.

Zhao Changhua, director of the Political Department of the Ministry of Justice, stated at the routine blower of the State Council's policy recently that the fine provisions in the cleanup of administrative regulations and departmental regulations are summarized. The fines of fines will be canceled; all if the fines are not suitable for economic and social development, the spirit of the reform of the "decentralization service", is not conducive to optimizing the business environment, or if there is a fair or improper penalty, all cancel or adjust; If the fines may be regulated or managed in other ways, they will be canceled.

"In the fine cleaning work, we insist on safeguarding public interests and administrative order. While resolutely put an end to the fine fines, we do not simply clean up to clean up." Zhao Changhua said that there may be supervision gaps in public safety and cleaning after cleaning. If you need to keep it, you will not clean up.

It is understood that the fines for this cleaning are only the first batch. Next, the Ministry of Justice will continue to clean up the fines in other fields with other departments. At present, the relevant work has been carried out simultaneously.

"Corresponding to the fines of cleaning up, timely cancel and adjust, protect the legitimate rights and interests of the people and market entities, and continue to create a business environment of the rule of law." Xu Zhiqun, deputy director of the Coordination and Supervision Bureau of the Ministry of Justice and the first -level inspector.

Persevere

Law enforcement must have both strength and temperature

In the process of law enforcement supervision, the staff of the Market Supervision Office of the Xuhui District Market Supervision Bureau of Shanghai found that a technology company in Shanghai was reported to the patent protection of an advertisement of a certain product, but there was no patent number and patent type in the advertisement.

"According to the provisions of the advertising law, if the advertisement mentioned that the product is a patented product or involved a patent method, the patent number and the patent type should be marked." Deng Tian, deputy director of the Binjiang (Longhua) Market Supervision Office, said, "This situation can be fined up to 10 for a maximum of 10 fines 10. 10,000 yuan. "However, law enforcement officers finally made a decision to impose administrative penalties.

It turned out that law enforcement officers found that the company had a patent certificate and the products involved were indeed patented products. However, due to the negligence of the staff, the advertisement forgot to mark the patent number and the type of patent. When law enforcement officers communicated with the person in charge of the enterprise, the enterprise quickly completed the rectification. This illegal act is in line with the provisions of the "List of Small Violations and Rule of illegal Operations in the Field of Market Supervision".

"If you are punished, the corporate credit will not only be severely damaged, but the investment estimates are gone." The person in charge of the enterprise said, "The free penalty list gives the enterprise to the company's fault tolerance and protects goodwill. Compliance review, very helpful. "

Law enforcement must have both strength and temperature. In recent years, Shanghai, Zhejiang, Guangdong and other places have launched a number of "free penalty lists" and "light penalty list", which has achieved good law enforcement effects and social effects.

He Yong, director of the Administrative Law Enforcement and Coordination and Supervision Bureau of the Ministry of Justice, said that my country's administrative penalty law clearly stipulates the situation of not punishing and exemption. There are some illegal behaviors that are relatively mild and do not cause harmful consequences. Penalty. In November last year, the State Council issued the "Notice on Further Implementation of the" Administrative Penalty Law of the People's Republic of China ", which clearly claims that the setting of the amount of fine must be equivalent to the facts, nature, plot, and social harm of illegal acts. It should be strict, it should be light.

In response to the situation where administrative agencies are unwilling, dare not apply to reduce, and from light punishment regulations, the administrative penalty law revised in 2021 will "be modified from light or alleviated in accordance with the law" to "light or reduction", delete "in accordance with the law in accordance with the law in accordance with the law according to law "This is also the provisions of guiding the administrative organs to directly apply the administrative penalty law, and in accordance with the specific cases, administrative penalties can be rationally implemented.

"No fines shall be imposed illegally, and fines shall be punished for fines." He Yong said that it is necessary to punish, correct, and punish the order of punishment and punishment. For law enforcement, there is no indicator for issuing penalties.

Improve supervision efficiency

Make sure that supervision is neither offside nor lack of position

Cancellation of road freight operators will not be fined in accordance with the provisions of car carrying road transportation permits, and cancel the fines of the ships engaged in water transport operations without carrying the ship's operating documents. 10 of them are replaced by "inspection and supervision" by means of informationization.

"There are two main characteristics involved in these 29 fines: first, it is relatively low in violation of procedural management regulations and relatively low degree of social harm; the other is to achieve the supervision effect through other methods such as informatization inspection." Xu Zhiqun introduced.

"Previously, the road transportation permit must be carried with the car. If it is not brought, it is warned or fined, but now the relevant departments can inquire the document information through informatization, and it is not necessary to supervise the fines by setting a fine." Zhao Changhua said.

"With the popularity of new technologies in regulatory law enforcement, it emphasizes inspection and supervision through informationization and other means, reflects the supervision ideas that keep up with the times and effectively reduce the burden on enterprises and the masses." Fine fine -grained fines to promote the regulatory system to focus on substantial risks, which is conducive to reducing the compliance cost of the enterprise.

"The cancellation of fines does not mean that the" Decision "requires relevant departments to strictly implement supervision responsibilities in response to these matters." He Yong said.

Zhao Peng introduced that this reform is essentially requiring the regulatory authorities to avoid punishment for all illegal acts without distinguishing between scenes and in detail. Regulatory operations, focusing on limited law enforcement resources in truly social harm.

"Putting and tube is a dynamic balance relationship. It should be put in place for the market. The management must be managed and managed." Xu Xinzhu, director of the Department of Regulations of the General Administration of Market Supervision, said that it should be implemented in strict accordance with relevant regulations to avoid repeating repeatedly in accordance with relevant regulations to avoid repeating repeated Fined fines. For other measures to replace fines, the relevant management systems or replacement supervision measures need to be improved as soon as possible to achieve non -offside supervision, but there is no shortage of position.

"Give full play to the coordination of professional departments, comprehensive departments, industry supervision and market supervision, and form a joint supervision." Xu Xinjian said that for the key areas of public safety and public health involving product quality and safety, food safety, special equipment safety, etc., It is necessary to pay more attention to strengthening safety supervision, compacting safety responsibilities, and weaving security networks.

Article Source 丨 People's Daily