The central bank releases "Discretionary Benchmarks"! Specifically stipulates a number of matters regarding the discretionary basis for administrative penalties. Just now

On May 23, the People's Bank of China issued a notice for public comment on the "Interim Provisions on the People's Bank of China's Administrative Punishment Discretionary Baselines".

The "Discretionary Basis" consists of four chapters and 26 articles, which specifically stipulates the definition of the discretionary basis for administrative penalties, the division of discretionary levels, the application of the discretionary basis, and other matters. The main contents are:

Clarify the meaning of the discretionary basis for administrative penalties and strictly apply the requirements. In accordance with the Administrative Penalty Law and the relevant requirements of the State Council, the "Discretionary Baseline" clarifies the administrative penalty discretionary base as a detailed quantification of the principle provisions in laws, administrative regulations, and rules or the law enforcement authority, discretionary range, etc. with certain flexibility. , the specific law enforcement standards and standards formed.

Refine the levels of discretion and applicable circumstances. The "Discretionary Standards" clarify the basic connotations of no punishment, reduced punishment, light punishment, general punishment and severe punishment, and follow the principle of roughly equal distribution to determine the corresponding punishment ranges of light punishment, general punishment and severe punishment. divided. At the same time, in accordance with the provisions and authorization of the "Administrative Penalty Law" and in combination with the actual work of the People's Bank of China, specific circumstances for the application of reduced penalties, lighter penalties, and heavier penalties are stipulated.

If a party has any of the following circumstances, he shall be severely punished in accordance with the law:

The illegal behavior causes serious consequences or has a bad impact on society;

The illegal behavior lasts for a long time, occurs frequently, involves a large amount of money, accounts for a large proportion of illegal business, has a large number of victims, or has other egregious circumstances;

Failure to cooperate with the law enforcement activities of the People's Bank of China or its branches, or concealing or destroying evidence of illegal activities;

Committing the same illegal act again within 5 years after receiving administrative punishment from the People's Bank of China or its branches;

Retaliating against whistleblowers, witnesses, staff of the People's Bank of China or its branches;

In compliance with the severe punishment circumstances stipulated in Article 49 of the "Administrative Punishment Law of the People's Republic of China";

Others of a bad nature or causing serious impact.

Standardize the application method of administrative penalty discretionary standards. More than ten factors in six categories have been clarified as factors that should be comprehensively considered when applying the discretionary basis for administrative penalties, so as to promote "same case punished with the same punishment". At the same time, the calculation standards for illegal income were refined.

Improve the guarantee mechanism for the application of administrative penalty discretionary standards. On the one hand, according to the provisions of the "Opinions of the General Office of the State Council on Further Standardizing the Formulation and Management of Administrative Discretionary Benchmarks", it is clear that the application of the "Discretionary Benchmarks" may be obviously inappropriate and unfair, or objective circumstances may occur that may result in the application of the "Discretionary Benchmarks" If there are changes, the application can be adjusted after completing necessary procedures. On the other hand, the entire system is required to strengthen supervision of the implementation of administrative penalty discretionary benchmarks through inspections of administrative law enforcement and review of administrative law enforcement case files.

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