"Different penalties for cases" are cracked and fines are unreasonable -the relevant person in charge of the three departments responds to the concerns of people's livelihood in the field of administrative law enforcement

Xinhua News Agency, Beijing, July 29th, question: "Different penalties of cases" are cracked and fines are unreasonable -the relevant person in charge of the three departments responds to the concerns of people's livelihood in the field of administrative law enforcement

Xinhua News Agency reporter Bai Yang

Recently, the Executive Meeting of the State Council reviewed and approved the "Opinions on Further Regulating the Founding and Management of Administrative Tailors" and "Decision on Canceling and Adjusting a Batch of fines. question.

How to solve the problem of mild administrative punishment? How to clean up unreasonable fines? At the routine briefing of the State Council's policy held on the 29th, the relevant leaders of the Ministry of Justice, the Ministry of Transport and the General Administration of Market Supervision interpreted the hot issues in the documents.

How to cracked the issue of "different punishment"?

Zhao Changhua, director of the Political Department of the Ministry of Justice, said that the current administrative tailoring rights have issued problems such as inaccurate formulation, irregularly formulating procedures, unreasonable tailoring, and inadequate dynamic adjustment. "The standards, conditions, types, margins, methods, and time limits of tailoring are not uniform, and it is easy to cause administrative law enforcement.

In this regard, the Opinions on Further Regulating the Formation and Management of Administrative Tailors' Power Films "clarified the responsibilities and authority of governments at all levels and their departments to formulate administrative tailoring rights. It also stipulates that the formulation of administrative tailoring rights must be scientifically analyzed in accordance with the needs of management, scientifically analyzed the factors that affect administrative law enforcement behaviors, and fully consider the implementation effect of administrative tailoring rights. It is necessary to embed the administrative tailor -scale standard content into the administrative law enforcement information system, provide accurate guidelines for administrative law enforcement officers, and effectively regulate the administrative decrees. Incorporate the formulation and management of administrative tailoring into the index system of the government construction evaluation of the rule of law and the content of the supervision of the government of the rule of law.

The opinions also stipulate many measures to ensure that administrative law enforcement agencies and law enforcement officers use administrative tailor rights to be effectively supervised.

For example, if the objective situation of the administrative tailoring of the administrative organs may change the objective situation of obvious improper improper, faulty, or administrative tailoring rights, it may change, and the application of the administrative organs may be adjusted after approval or collective discussion of the administrative organs. The approved materials or collective discussion records should be preserved as part of the law enforcement papers.

"If the right to apply the right to apply for administrative tailoring may cause serious consequences, it is necessary to strictly investigate the responsibilities of relevant personnel in accordance with regulations and discipline." Said Xu Zhiqun, head of the coordination and supervision of the Administrative Law Enforcement Bureau of the Ministry of Justice.

What fines should be cleaned up?

If the fine is unreasonable, the masses report strongly. The executive meeting of the State Council held on July 21 decided to cancel 29 fines and regulate the management in other methods. For 24 general or minor violations, the amount of fines should be reduced according to the principle of considerable principles of fines.

Xu Zhiqun introduced that the 29 fines of the cancellation of this time involved two main characteristics: first, it is relatively low in violation of procedural management regulations and the degree of social hazards; the other is that the supervision effect can be achieved through other methods such as informatization inspection.

Zhao Changhua said that this time the fines in administrative regulations and departmental regulations are summarized as "three":

All fines that violate the legal authority and procedures will be canceled; if the fines are not suitable for the needs of economic and social development, the spirit of the reform of the "decentralization service" is not conducive to the optimization of the business environment, or there are unfair or over -penalty penalties If improper, it will be canceled or adjusted; if the fines can be regulated or managed in other ways, it will be canceled.

"In the fine cleaning work, we insist on safeguarding public interests and administrative management order, and do not simply clean up to clean up. For public safety and cleaning, it may be retained after supervision gaps." Zhao Changhua said.

Xu Zhiqun revealed that the fines for this cleaning are only the first batch. Next, the Ministry of Justice will continue to clean up fines in other fields with other departments, protect the legitimate rights and interests of the people and market entities, and continue to create a business environment for the rule of law.

How to implement the relevant departments?

Transportation and market supervision are the fields of administrative law enforcement with more people in contact with the masses. At the blower, the relevant person in charge of the two departments introduced the specific measures for the implementation of the documents in the departments.

Wei Dong, the director of the Legal Department of the Ministry of Transport, said that the Ministry of Transport conducted a comprehensive arrangement and research on the implementation of the 475 fines set by 27 administrative regulations and 139 departments regulations, and put forward clear opinions. After review by the Ministry of Justice, there were 45 unreasonable fines that need to be canceled and adjusted.

“在国务院常务会议召开之前，交通运输部按照部门规章的制定权限，已先行对14个不合理罚款事项作出取消和调整。下一步，交通运输部将进一步落实国务院部署，保质保量完成取消和Adjust work. "Wei Dong said.

Xu Xinjian, director of the Regulations Department of the General Administration of Market Supervision, introduced that in accordance with the deployment and requirements of the work plan of the State Council to clean up the fines of fines, the General Administration of Market Supervision Actively conducts self -inspection and comprehensively sort out the fines of the system and the field. The cleaning involved 21 fines need to be amended to 4 administrative regulations and 7 departmental regulations. The amendment work has been started.

Xu Xinjian said that the cancellation or adjustment of fines did not mean that the market regulatory authorities were no longer supervised by illegal and violations.If other measures can be taken to replace fines, the relevant management systems or replacement supervision measures will be improved as soon as possible; at the same time, the coordination role of professional departments, comprehensive departments, industry supervision and market supervision will be given to form a joint supervision force."For key areas of public safety and public health involving product quality and safety, food safety, special equipment safety, etc., we will strengthen safety supervision, compact safety responsibilities, and weaving security networks." Xu Xinjian said.

【Edit: Li Yan】

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