An Important Measure 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
2023-08-22
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 the 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 officials 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 more optimized. The decision to cancel and adjust a number of unreasonable fines, cancel some licensing matters or delegate 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 circumstances, different levels of fines have been added to certain fine regulations, classified and refined, and the minimum and fine amounts for certain fine matters have been reduced. This further standardizes the discretion of administrative penalties, promotes the equivalence of excessive fines and the combination of leniency and severity, and promotes a more fair and just administrative penalty. Thirdly, the ecological protection regulations and systems have become stricter. In order to further strengthen the ecological protection of the Yangtze River, in accordance with the needs of sand mining management in recent years, the system measures for centralized parking of sand mining ships, transportation, procurement, sales of sand and gravel, and 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 connection 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, it is necessary to formulate alternative regulatory measures. Relevant departments should carefully study according to 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 the responsibilities of business entities, in accordance with the requirements of reform, we adhere to innovative supervision and efficient services, and conduct in-process and post supervision through methods such as "double randomness and one disclosure". If any behavior of business entities that does not comply with regulations is found, we urge them to correct it in a timely manner, improve management systems, and operate legally and in compliance. 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 act, different types of administrative penalties such as warning, criticism, and temporary suspension of license documents should be applied in accordance with the law, and "arbitrary fines" should be eradicated from the source. How to continue to exert efforts in canceling unreasonable fines and strengthening supervision? In the fine clearance work, we found that there were still individual fines that were not set according to the legal authority, and penalties were set for matters that should not be fined
Edit：He Chuanning Responsible editor：Su Suiyue
Source：Xinhua
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