The "tug -of -war" caused by an administrative penalty

For the 51 -year -old Ding Yuan (pseudonym) this year, the "Lao Lai" hat was difficult to say. A few days ago, after the Henan Provincial Procuratorate filed a protest, the court all adopted the prosecutor's response from the procuratorial organs, and the decision to revoke the administrative penalty decision and the original administrative judgment. After the case was fully changed, Ding Yuan's "Lao Lai" identity was also revoked according to law.

On June 3, 2021, Zhengzhou Procuratorate organized a public hearing.

"Sawning" has been fighting for more than 10 years

Ding Yuan is the head of a Zhengzhou electrical company. In January 2010, the Industrial and Commercial Management and Quality and Technical Supervision Bureau of Zhengzhou (hereinafter referred to as the Industrial and Commercial Quality Supervision Bureau) detained some products sold by the electrical business bank, including the brand's rice cooker, electric heating Kettle, electric pressure cooker, disinfection cabinet, etc. The reason for the seizure is that a manufacturer of these products has not obtained a 3C certification (that is, Chinese compulsory product certification), but instead commissioned to obtain a 3C certification company produced, and the product packaging sold at the same time marked the two companies at the same time. Factory name. According to this, the Industry and Commerce Quality Supervision Bureau confirmed that the products sold by Ding Yuan did not identify the name of a 3C -certified manufacturer, which belonged to a minor illegal and fined 50,000 yuan.

Ding Yuan refused to accept a penalty decision and claimed to a district court in Zhengzhou in 2012 to demand the revocation of the administrative penalty. In the first instance of the court, only the products sold by Ding Yuan only had the address of the manufacturer of the manufacturer with a 3C -certified manufacturer that were not identified by the A brand, and then the decision to revoke the administrative penalty decision of the Industrial and Commercial Quality Supervision Bureau.

The Industrial and Commercial Quality Supervision Bureau did not accept the court's judgment and appealed to the Zhengzhou Intermediate Court. On February 26, 2015, the Zhengzhou Intermediate Court tried to reject the appeal and maintain the original judgment. Subsequently, the Industry and Commerce Bureau re -made administrative penalties for the sales of A brand products on the sales of electrical commerce banks, fined 70,000 yuan.

Ding Yuan's penalty decision on the new fine of 70,000 yuan in a fine of 70,000 yuan was still dissatisfied. On March 16, 2017, the Industrial and Commercial Quality Supervision Bureau applied to the court for compulsory enforcement. After that, the court made a ruling of mandatory enforcement. Due to the refusal to implement the effective ruling, on December 18, 2017, Ding Yuan was included in the list of people who was dishonest and the executed person, and since then he carried the name of "Lao Lai".

"My travel is limited, the consumption is limited, and the work and life are limited ..." When I recalled the encounter, Ding Yuan was hard to say. Since February 8, 2018, Ding Yuan began a second round of lawsuits for the new penalties made by the Industrial and Commercial Quality Supervision Bureau. The court of first instance decided that Ding Yuan's claim was rejected. After appealing and re -examination, they were rejected.

As of 2022, the lawsuit has lasted for more than 10 years. In the meantime, the functions of the Business and Quality Supervision Bureau did not exist, and their functions were placed under the market supervision and administration bureau of the district. In December 2019, Ding Yuan applied to the Zhengzhou Procuratorate for supervision.

Prosecutors found doubts about the original commission

"Since the products sold without 3C certification, why only punish the dealer without punishing the manufacturer? Why only punish Ding Yuan a dealer without punishing other dealers?" After careful review, such doubts were arising in his mind.

Due to the large span and strong professionalism in this case, there are many administrative regulations involved. During the review case, Li Zhi and colleagues carefully studied the "Product Labeling Regulations", "Certification and Accreditation Regulations of the People's Republic of China" The provisions "and other administrative regulations have been held many times to hold an analysis meeting in the administrative lawsuit of the hospital to analyze the laws and regulations related to the case one by one.

At the same time, the prosecutor handling the case learned that the Industrial and Commercial Quality Supervision Bureau had issued a letter to the Zhongshan Quality Supervision Department to investigate. The Zhongshan Municipal Quality Supervision Department verified in May 2010 that the license of the brand product production enterprise involved in the case was complete. Legal and compliance, there is no counterfeit situation, and the brand's products have been selling well in the market so far.

"The Industrial and Commercial Quality Supervision Bureau not only suspended the error law enforcement in accordance with the situation verified by the Zhongshan Municipal Quality Supervision Department of the year. After the court's decision on the decision to revoke the original administrative penalty decision, the Industrial and Commercial Quality Supervision Bureau made a new penalty decision. The principle of violation of administrative law enforcement. "Li Zhi said.

In order to effectively resolve administrative disputes, the prosecutor handling the case went to the Market Supervision and Administration Bureau of the district to communicate, but the administrative dispute has not been effectively resolved due to the failure to understand the understanding of the punishment decision.

The procuratorial organs have proposed a protest promotion case.

"To comprehensively use the administrative supervision function to achieve procedure cases and entities, and promote administrative administration according to law." Wang Heping, director of the seventh procuratorate of the Henan Provincial Procuratorate, listened to the report of the case, and handled the case handling of the case. Specific guidance and made clear requirements.

The provincial, municipal, and district -level procuratorial organs cooperated with the combination of various cases such as investigation, verification, communication and coordination, and using the "external brain" to handle case handling methods. On June 3, 2021, Zhengzhou Procuratorate organized a public hearing Ding Yuan, the relevant person in charge of the Market Supervision and Administration Bureau of a certain district, and the representatives, experts, and lawyers of the people's congress as the hearing. The hearing was reviewed that the original administrative penalty decision determined that the facts were unclear, the punishment object was wrong, and the legal basis for punishment was insufficient. However, because there are still differences between the parties, the mediation work after the hearing is not smooth.

As a result, Zhengzhou Procuratorate decided to ask the Henan Procuratorate to protest in accordance with the law.In July 2021, the Henan Provincial Procuratorate accepted the case.On March 16 this year, the Henan Provincial High Court formed a collegial panel in accordance with the law and opened the trial publicly.A few days ago, the court adopted the prosecutor's response from the procuratorial organs, the decision of the administrative penalty decision and the original administrative judgment of the original trial, and the case was fully renamed.Subsequently, Ding Yuan's "Lao Lai" identity was also revoked according to law.

(Source: Procuratorial Daily Author: Liu Lixin Wang Tianrun Zhou Qinghua Fangwei)

- END -