Hubei improves market supervision slightly illegal behavior fault tolerance and error correction mechanism
Author:Hubei Provincial Market Superv Time:2022.09.06
In order to further optimize the business environment, the Hubei Provincial Market Supervision Bureau recently issued the "Guidelines for Application for the Application of Mild Violations of Mild Violations of Market Supervision in Hubei Province" (hereinafter referred to as the "Guidelines"), and improved the fault and correction mechanism of minor illegal behavior.
According to reports, no administrative penalties are stipulated that the market supervision and management department shall not give administrative penalties to citizens, legal persons, or other organizations in accordance with the law in accordance with laws, regulations, and rules. Administrative penalties and administrative penalties are determined.
The "Guidelines" pointed out that if one of the following circumstances, administrative penalties shall not be given: administrative penalties do not have legal, regulations, and rules; if the implementation subject does not have the qualifications of administrative subjects; Insufficient evidence; violations of legal procedures constitute a significant and obvious illegal.
If the parties exist in the following situations, they should not be punished by administrative penalties: those under the age of 14 have illegal acts; mental patients and intellectual disabled people who cannot be identified or cannot control their behavior; Correction does not cause the consequences of harm; except for laws, regulations, and rules, the parties have evidence to prove that there is no subjective fault; illegal acts involving citizens' health, safety, financial security, and harmful consequences have not been within 5 years. It is found that other illegal acts have not been discovered within 2 years; laws, regulations, and rules are not punished.
If the parties exist in the following situations, they may not be given administrative penalties as appropriate: those who have violated the law for the first time and the harmful consequences are slight and corrected in time; laws, regulations, and rules can not be given other circumstances.
In addition, the "Guidelines" also clarified the relevant situation, divided into five kinds of illegal acts, timely corrections, no subjective faults, first illegal illegal, and minor hazard consequences.
The relevant person in charge of the Hubei Provincial Market Supervision Bureau stated that the administrative measures and means taken by market supervision departments at all levels in the province should be necessary and appropriate to be able to achieve a lot of money and punishment. Realize legal purpose. (Correspondent Guo Shanshan Zhou Yadong)
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