Important Measures to Promote Strict, Standardized, Fair, and Civilized Law Enforcement by the State Council | Fines | Measures
Beijing, August 21 (Xinhua) - Important Measures to Promote Strict, Standardized, Fair, and Civilized Law Enforcement - Interpretation of the Decision of the State Council on Amending and Abolishing Some Administrative Regulations by Relevant Officials of the Ministry of Justice
Xinhua News Agency reporter Bai Yang
Recently, the State Council announced the Decision of the State Council on Amending and Abolishing Some Administrative Regulations, which amended some provisions of 14 administrative regulations and abolished one administrative regulation. This is another important measure to further transform government functions, promote strict, standardized, fair, and civilized law enforcement, optimize a market-oriented, legal, and international business environment, and provide services to ensure high-quality development.
On the 21st, the reporter learned from the Ministry of Justice that the administrative regulations involved in the decision have been cleared by the Ministry of Justice in conjunction with relevant departments. The relevant person in charge of the Ministry of Justice interpreted the hot issues in the decision.
What are the characteristics and effects of this revision and repeal of some administrative regulations?
The relevant person in charge of the Ministry of Justice introduced that the revision and repeal of some administrative regulations have overall achieved four characteristics and results.
Firstly, government services and regulatory enforcement have been further optimized. It has been decided to cancel and adjust a number of unreasonable fines, cancel some licensing matters or lower the level of licensing matters, simplify relevant procedures and proof materials, improve the convenience level of government services, and enhance the sense of gain for enterprises and the public.
Secondly, the design of the fine regulation system is more scientific. According to different situations, different levels of fines have been added to the regulations on certain fines, and the classification has been refined. The minimum penalty amount and penalty amount for certain fines have been reduced, further regulating the discretion of administrative penalties, promoting equal punishment and a balance between leniency and severity, and promoting more fair and just administrative penalties.
Thirdly, the ecological protection regulations and systems have become stricter. In order to further strengthen the ecological protection of the Yangtze River, and in accordance with the needs of sand mining management in recent years, the system measures for centralized parking of sand mining vessels, transportation, procurement, and sales of sand and gravel, as well as information construction of sand mining management, have been modified and improved to ensure standardized and orderly sand mining management in the Yangtze River.
Fourthly, the connection between laws and regulations is more effective. Strengthen the coordination and coordination of legal systems, adjust and modify relevant administrative regulations in accordance with the Civil Code, Administrative Penalty Law and other legal provisions, and maintain the unity of the national legal system.
How to strengthen supervision after the cancellation of fines?
The cancellation of fines does not mean that they have been ignored. The relevant person in charge of the Ministry of Justice stated that in order to maintain administrative order and public interests, if it is necessary to formulate alternative regulatory measures, relevant departments should study carefully in accordance with the law, strictly implement regulatory responsibilities, innovate and improve regulatory methods, enhance regulatory efficiency, promote fair competition, and optimize the business environment.
For behaviors that can achieve regulatory effects by strengthening the implementation of business entity responsibilities, in accordance with reform requirements, we adhere to innovative supervision and efficient services, and conduct in-process and post event supervision through methods such as "double randomness and one disclosure". If any non compliant behavior of business entities is found, we urge them to correct it in a timely manner, improve management systems, and operate legally and compliantly.
If there are provisions in other laws and regulations, supervision should be carried out in accordance with relevant regulations. According to the facts, nature, circumstances, and degree of social harm of the illegal behavior, different types of administrative penalties such as warnings, public notices of criticism, and temporary suspension of licenses should be applied in accordance with the law, in order to prevent "arbitrary fines" from the source.
How to continue to make efforts in canceling unreasonable fines and strengthening supervision?
"In the fine clearance work, we have found that there are still some problems such as individual fines not being set according to legal authority, fines being set for items that should not be fined, excessive fines being set for items that should be lightly fined, and failure to clean up in a timely manner after setting them. At the same time, behaviors such as arbitrary fines, increasing income with fines, substituting fines for management, and pursuing profit law enforcement still exist within a certain range, with strong feedback from enterprises and the public," said the relevant person in charge of the Ministry of Justice.
In response to this, the Ministry of Justice is studying and drafting policy documents to further regulate and supervise the setting and implementation of fines in accordance with the decisions and deployments of the Central Committee of the Communist Party of China and the State Council. From the perspectives of fine setting, regulation, and supervision, specific requirements and detailed institutional norms will be proposed to address the issues strongly reflected by enterprises and the public, making fine setting more scientific and fine supervision more effective. Fine penalties will comply with strict, standardized, fair, and civilized law enforcement, ensuring that excessive fines are equivalent and that leniency and severity are balanced.
On the one hand, continuous cleaning should be carried out. Continue to organize and carry out the work of canceling and adjusting fine matters, work together with relevant departments of the State Council to clean up fine matters in administrative regulations and departmental rules, continue to propose a batch of fine matters to be cancelled and adjusted, and report to the State Council as soon as possible according to procedures. On the other hand, strengthening source control. Research and draft policy documents to further standardize the setting and implementation of supervision fines, propose specific requirements from the perspectives of fine setting, regulation, and supervision, refine institutional norms, and effectively solve prominent problems strongly reflected by enterprises and the public.
The relevant person in charge of the Ministry of Justice stated that the Ministry of Justice will continue to adhere to the concept of law enforcement for the people, reduce the stock while controlling the increment, and work together from the perspective of clearing and regulating fines, continuously reducing the burden on business entities, promoting the creation of a stable, fair, transparent, and predictable business environment, improving the quality and efficiency of administrative law enforcement, and providing services to ensure high-quality development.
