Guangdong special rectification of illegal law enforcement and random fines to ease the pain points of enterprise Entrepreneurship

2022-07-19

Recently, the Guangdong Provincial Department of Justice issued the "several measures on strengthening the guarantee of legal services to assist enterprises in their rescue" (hereinafter referred to as "several measures"), which put forward 18 specific measures from the three aspects of system supply, administrative law enforcement and legal services, and used the "combined fist of the rule of law" to help Guangdong enterprises climb over difficulties and tide over difficulties. It was clear that it was necessary to strengthen the supervision of administrative law enforcement in key areas, organize and carry out special rectification of illegal law enforcement and fines, Ease the pain points of enterprise business. Strengthen the review of enterprise related policies No derogation from enterprise rights In order to further make good use of institutional means to solve the problem of "urgent difficulties and expectations" of enterprises, the "several measures" proposed to accelerate the introduction of laws and regulations related to the development of enterprises and the protection of enterprise rights and interests, such as copyright, geographical indications, the development of Guangdong cuisine industry, housekeeping services, local financial supervision and management, so as to provide institutional guarantee for greater support for the development of market players; Select a number of grassroots contact points of government legislation for enterprises, industry associations, chambers of Commerce, etc., and build a "through train" for government legislation to listen to the views of enterprises. The "several measures" also requires that the review of enterprise related policies be strengthened, focusing on whether there are illegal additions to market access and exit conditions, restrictions on the free flow of goods and factors, impairment of enterprise rights or increase of enterprise obligations; Organize government legal advisers and public lawyers to carry out legal argumentation on major decision-making matters and important administrative measures of the government at the same level, such as helping enterprises to rescue, stabilizing growth, stabilizing foreign trade and ensuring employment, and put forward legal opinions and suggestions in a timely manner. Accelerate the formulation of the first batch List of administrative law enforcement exemption Focusing on reducing the burden and reducing the pressure for enterprises, the "several measures" proposed to carry out in-depth actions to reduce the number of certificates for the convenience of the people, resolutely cancel the certification matters without the basis of laws and regulations, and effectively reduce the burden on enterprises. Vigorously promote inclusive and prudent supervision, accurately apply the provisions of minor exemption from punishment, no punishment for no offense, no punishment for the first violation, and speed up the formulation of the first batch of administrative law enforcement exemption lists at the provincial and municipal levels; Comprehensively implement the "one-time comprehensive inspection" of enterprises to avoid multiple inspections and repeated inspections; Explore the law enforcement "observation period" system; Promote the application of off-site law enforcement system to minimize unnecessary interference to the normal business activities of enterprises. At the same time, the "several measures" made it clear that we should strengthen the supervision of administrative law enforcement in key areas, organize and carry out special rectification of illegal law enforcement and arbitrary fines, and ease the pain points of enterprise entrepreneurship. Broaden the channels for administrative reconsideration applications, simplify and quickly handle enterprise related administrative reconsideration cases, and refine complex cases, so as to promote the substantive resolution of enterprise related administrative disputes. Increase key areas Mediation of contradictions and disputes In order to quickly respond to the needs of enterprise legal services, the "several measures" proposed to strengthen the supply of enterprise related public legal services by relying on the three platforms of public legal services voice, network and entity; Further promote the work of lawyers entering the park, improve the long-term mechanism of lawyers serving private enterprises, and promote the normalization and institutionalization of "legal physical examination"; Encourage notarial institutions to provide timely and efficient notarial services for enterprise financing and loans, bidding and tendering, intellectual property protection, mergers and acquisitions, asset auction and liquidation, escrow, and responsibility reduction in the process of performing contracts in the event of epidemic force majeure; Accelerate the construction of APEC Online Dispute Resolution platform (apec-odr platform), Guangdong Hong Kong Macao Greater Bay International Arbitration Center, and Zhuhai Macao cross-border arbitration cooperation platform to provide international, high-quality and efficient arbitration legal services for enterprises in Greater Bay. In addition, the "several measures" proposed to deepen the brand activity of "legal aid for people's livelihood", carry out in-depth legal aid application "municipal general office", and effectively safeguard the legitimate rights and interests of people in need and specific groups such as migrant workers and workers with new models and new forms of work; Give full play to the role of professional mediation organizations, and strengthen the mediation of contradictions and disputes in key areas such as production and operation, contract performance, shop leasing, financial lending, labor disputes, etc; Carry out in-depth foreign-related legal service activities such as "provincial business legal service month", "wise enterprises by law, more stable bank of Guangdong", and actively serve enterprises to prevent and deal with overseas legal risks; Guide the legal service industry association to introduce targeted support measures to reduce the burden of implementing enterprise assistance policies for legal service institutions and legal service workers. (Xinhua News Agency)

Edit:Li Jialang    Responsible editor:Mu Mu

Source:southcn.com

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