The implementation of the "first violation of penalties" in the agricultural field of Hebei Province

Great Wall Network · Jiyun Client News (Reporter Jia Hongbo) In order to build a rule of law government and service -oriented government, continue to optimize the business environment of the rule of law, serve the development of the market subject, and promote tolerance and prudent supervision. The rural field of minor illegal behavior tolerance tolerance "(hereinafter referred to as the" free penalty list "), which is exempted from administrative penalties for 14 agricultural and rural fields, and will be implemented on July 14, 2022. Essence

14 items exempted from administrative penalties for minor illegal acts, involving seed management, crop disease and insect pest prevention, livestock and poultry breeding, animal epidemic prevention, veterinary drug management, fishery breeding and other fields.

The "Free Penalty List" contains two types of free penalties: "minor penalty" and "first violation". In the process of implementing administrative penalties in the province, the agricultural administrative penalty organs at all levels must be combined with education and education. For comprehensive principles, combined with the facts of the facts, circumstances, and evidence of the case to meet all the conditions in the "Punishment List", "slightly free penalty" or "first violation of penalties" is applied.

The "first violation of penalties" referred to in the "Punishment List" refers to the "first violation of penalties". From the date of the implementation of this list, the parties have not occurred in the place where the illegal acts occurred within 24 months before the illegal act. The "timely correction" referred to the "timely correction" in the "Punishment List" includes both the parties to take the initiative to correction before the law enforcement department found illegal acts, but also to take the initiative to correct it before the law enforcement department filed the case. After the department ordered correction within a time limit, it was corrected within the time limit. The "correction" includes not only the parties no longer engage in illegal acts, but also the parties meet the legal requirements by rectifying their production and operation activities.

According to the requirements, localities should establish and improve the first illegal registration and confirmation system for agriculture and rural areas to facilitate law enforcement officers to confirm whether it meets the "first violation of penalties". If you apply a penalty situation, you shall point the parties to the parties illegally and order correction according to the actual law enforcement. If you determine the case of exemption before the administrative penalty case is filed, you can choose to sign a penalty notification letter and other methods to request the parties to correct them in a timely manner within the commitment period. And make a decision for administrative penalties. For parties to be free of penalties, supervision should be strengthened, supervising and guiding the parties to carry out production and operation activities in accordance with laws and regulations, and realize the legal effects and social effects of administrative law enforcement.

In addition, if the "free penalty list" is not listed, it shall not be given administrative penalties if it is in line with laws and regulations such as administrative punishment laws and regulations that does not provide administrative penalties.

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