Ministry of Justice: The fines of violations of statutory procedures and permissions are canceled

Zhao Changhua, director of the Political Department of the Ministry of Justice. Picture source: Guoxin Office

Cover Journalist Dai Rui

On July 29, the National New Office held further regulating administrative tailoring, canceling and adjusting a batch of fines for fines of the State Council. Zhao Changhua, director of the Political Department of the Ministry of Justice, stated at the press conference that the State Council deployed unreasonable fines for cleaning administrative regulations and departmental regulations, and required all fines that violated legal authority and procedures.

Zhao Changhua said that 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 been significantly improved. However The effectiveness and quality of the rule of law, the establishment of a business environment for the rule of law, the State Council deployed unreasonable fines for cleaning administrative regulations and departmental regulations.

In November last year, the State Council issued the "Notice on Further Implementation", which clearly clarified that the setting of the amount of fines should be equivalent to the facts, nature, plot, and social harm of illegal acts.

According to Zhao Changhua, the State Council also put forward clear requirements in the fine provisions of administrative regulations and departmental regulations this time, summarizing the "three one": the first "all" is the fines that violate the legal authority and procedures settings Nothing is canceled. Regarding setting permissions, administrative regulations and departmental regulations can be fined, and the types, margin and scope of fines, and the type, range, and scope of fines have clearly stipulated; Acts in violation of the order of administrative management, and adjust the upper and lower limit of fines in addition to the statutory range or "legislative water release". Regarding the setting procedures, the legislative law has clearly stipulated the formulation and amendments of administrative regulations and departmental regulations. The setting of fines must be set within legal authority and in accordance with legal procedures. If it is not set in accordance with legal permissions and procedures, it will be canceled.

The second "all" is that any 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, it will be canceled or adjusted. For example, the product that the “trial product” that is not indicated by the trial production of enterprises, that is, the sales of sales, is no longer in line with the requirements of economic and social development. The “trial product” can be uniformly supervised according to ordinary products and canceled the corresponding fines, which is conducive to reducing the enterprise to alleviate the enterprise burden.

The third "always" is that any fines can be regulated or managed in other ways. For example, before carrying a road transportation permit 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. It is no longer necessary to carry it with the car. Essence

Zhao Changhua pointed out that in the fine cleaning work, we must adhere to the protection of public interests and administrative management order. While resolutely eliminate the fines of chaos, it does not simply clean up to clean up. No, no cleaning.

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