Short Comment: "Slight Impunity" Highlights Law Enforcement Temperament

2023-05-17

A certain e-commerce advertisement contains the term "latest patent", but due to negligence, the patent number, patent type, or patent certificate involving the patent is not indicated - penalty! Someone selling Roasted chestnuts in sugar-coated heated sand with sugar wrote on the broken cardboard: Roasted chestnuts in sugar-coated heated sand with sugar taste peerless, the best in Shanghai! Use extreme language in advertising language - punishment! Previously, illegal activities such as those mentioned above that may have been caused by "unintentional mistakes" by enterprises were subject to corresponding penalties, and enterprises may also bear a "credit stain" as a result. But as Shanghai continues to optimize its legal business environment, the situation has changed. At the beginning of 2019, a Shanghai enterprise proposed that "the government should not punish minor illegal behaviors immediately and provide enterprises with some room for tolerance". In response to the call, in 2019, Shanghai took the lead in exploring the non administrative punishment for minor illegal acts in accordance with the law ("minor non punishment"), proposing a non administrative punishment system for minor illegal acts in accordance with the Administrative Penalty Law ("statutory minor non punishment system"), and quickly launched the first provincial-level "minor non punishment" list in China, the "market minor illegal and irregular business behavior exemption list", known as "law enforcement with temperature". Punishment is a means of management work, not an end. From the perspective of "management is service", the ultimate goal of management work is to provide higher quality services to the public. Even if necessary penalties are imposed, the starting point is to educate and encourage the public to cooperate more consciously with relevant departments to do a good job in management. The principle of "minor non punishment" itself is also a warning and education, which not only allows the public to receive another education and further understand the harm of illegal behavior, but also achieves the true purpose of management. Obviously, "minor non punishment" is beneficial for regulating law enforcement behavior and improving the fairness and impartiality of law enforcement behavior; On the other hand, it is conducive to enhancing mutual understanding and support, highlighting the modern flexible regulatory concept of law enforcement agencies combining punishment and prudence. At the same time, applying "no punishment" to minor illegal acts, solving problems quickly and simply, effectively improving law enforcement efficiency, reducing compliance costs, and optimizing the legal business environment, the biggest beneficiaries are the vast market entities. Obviously, from any perspective, 'slight impunity' is a pragmatic move that is convenient, beneficial, and beneficial to the people. ——Qian Suwei (New News Agency)

Edit:Jia Jia    Responsible editor:Zhou Shu

Source:rmfyb.chinacourt.org

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