Standardize the setting and implementation of fines in administrative regulations and rules
2024-02-29
On February 28th, the State Council Information Office held a routine policy briefing to introduce the relevant information of the Guiding Opinions on Further Regulating and Supervising the Setting and Implementation of Fines issued by the State Council (hereinafter referred to as the "Opinions"). Vice Minister of Justice Hu Weilie introduced that in order to maintain a fair competition market order, optimize the business environment, solve prominent problems in fine setting and implementation, promote the development and growth of the private economy, and promote high-quality development, the State Council has issued the "Opinions", which is the first time to standardize the fine setting and implementation in administrative laws and regulations. "The Opinion requires the scientific setting of fines in accordance with the law, strict regulation of fine implementation, and comprehensive strengthening of fine supervision." Hu Weilie stated that the Opinion insists on responding to practical needs, refining the principle provisions of relevant legal norms, and effectively enhancing operability; Adhere to a problem oriented approach, promptly elevate mature experience and practices to institutional regulations for new problems that urgently need to be solved in practice; Adhere to both standardization and supervision, and require in-depth implementation of source control, comprehensive use of various supervision methods to strengthen supervision over the setting and implementation of fines. Hu Weilie stated that the Opinion has made detailed provisions on the authority and amount of fines set by regulations, and advocated for unified regulatory standards across administrative regions. At the same time, the Opinion puts forward more specific requirements for implementing the principle of equivalent punishment when imposing fines on administrative regulations and rules, that is, balancing fault and punishment, and advocating for detailed provisions on situations such as no punishment, lighter or heavier punishment stipulated in the Administrative Penalty Law. Hu Weilie introduced that the Opinion requires adhering to fair and civilized law enforcement. How to adhere to the principle of combining punishment and education when imposing fines and other penalties on administrative law enforcement personnel? Detailed regulations have been made to further improve the level of law enforcement civilization from the aspects of law enforcement language, law enforcement image, and responding to emergencies. It is required to guide enterprises and the public to operate in accordance with the law, consciously abide by the law, and strive to prevent and resolve illegal risks, so that law enforcement is both strong and warm. "The Opinion requires resolute prevention of behaviors such as increasing income through penalties, substituting penalties for management, and pursuing profit fines, and promoting the legalization, institutionalization, and standardization of in-process and post event supervision." Hu Weilie stated that it is also necessary to fully leverage the joint supervision force, play a good role in supervising fines through administrative law enforcement supervision, administrative reconsideration, and regulatory filing review systems, broaden supervision channels, and enhance supervision effectiveness. "In terms of implementing fines, the Opinion mainly proposes three requirements," said He Yong, Director of the Administrative Law Enforcement Coordination and Supervision Bureau of the Ministry of Justice. One is that the implementation of fines should comply with the principle of equivalent punishment, with the severity being mild and the severity being severe. To scientifically refine the relevant situations of leniency, reduction, non punishment, and non punishment based on the actual situation in different regions and fields; For those who meet the relevant legal conditions, the Administrative Penalty Law shall be applied and corresponding measures shall be taken in accordance with the law. We need to increase law enforcement efforts in key areas such as safety production, life and health, and product quality. For serious violations, we must implement the requirement of "punishing individuals" in accordance with the law, and resolutely safeguard the legitimate rights and interests of enterprises and the public. The second is that the fine decision must comply with
Edit：Wangchen Responsible editor：Jia Jia
Source：People.cn
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