The Ministry of Transport has issued a three-year action plan to improve the quality and efficiency of administrative law enforcement, promoting the transformation of law enforcement teams from quantity and scale to quality and efficiency-瞭望新时代网

The Ministry of Transport has issued a three-year action plan to improve the quality and efficiency of administrative law enforcement, promoting the transformation of law enforcement teams from quantity and scale to quality and efficiency

2024-05-31

In order to further deepen the comprehensive administrative law enforcement reform of transportation and promote the transformation of the transportation administrative law enforcement team from quantity and scale to quality and efficiency, the General Office of the Ministry of Transport recently issued the "Three Year Action Plan for Improving the Quality and Efficiency of Transportation Administrative Law Enforcement (2024-2026)" (hereinafter referred to as the "Action Plan"), and decided to organize a three-year action to improve the quality and efficiency of transportation administrative law enforcement. The Action Plan clearly states that by the end of 2026, the rectification effect of prominent problems in the field of transportation law enforcement will continue to consolidate and expand, the concept of law enforcement for the people will be deeply rooted and effectively implemented, the quality and ability of administrative law enforcement teams will be significantly improved, a clean and positive law enforcement environment will be accelerated, and the satisfaction of the people will be greatly improved. The role of law enforcement services in ensuring the high-quality development of transportation will be better played. Continuing the three-year action plan, the Central Committee of the Communist Party of China and the State Council attach great importance to administrative law enforcement and administrative law enforcement supervision. They have successively issued policy documents such as the "Three Year Action Plan for Improving the Quality of Administrative Law Enforcement (2023-2025)", "Opinions on Strengthening the Construction of the Coordination and Supervision System for Administrative Law Enforcement", and "Guiding Opinions on Further Regulating and Supervising the Setting and Implementation of Fines", making a series of deployments to comprehensively promote strict, standardized, fair, and civilized law enforcement. "Transportation is one of the key areas for the Party Central Committee to clearly promote comprehensive law enforcement reform." According to Xu Haiyang, Deputy Director of the Legal Department of the Ministry of Transport, "In order to implement the policy documents of the Party Central Committee and the State Council, and strengthen the management of the transportation administrative law enforcement team, we will continue to carry out another three-year action on the basis of the three-year action plan to improve the quality and ability of the transportation comprehensive administrative law enforcement team (2021-2023), and promote the transformation of the transportation administrative law enforcement team from quantity and scale to quality and efficiency." According to Xu Haiyang, the "Action Plan" was mainly drafted around several main themes: maintaining a strict tone of integrity and discipline, effectively protecting the legitimate rights and interests of practitioners, establishing a clear guidance for grassroots efforts, and highlighting the service guarantee role of administrative law enforcement. Specifically, it includes continuing to promote the implementation of a standardized and long-term mechanism for law enforcement, conducting regular inspections, corrections, and rectifications, maintaining a high-pressure situation, preventing prominent problems in the law enforcement field from rebounding and pouring back, improving the administrative law enforcement supervision system, and strengthening comprehensive, full process, normalized, and long-term supervision of law enforcement work. Adhere to the development concept of putting the people at the center, integrate the concept of law enforcement for the people into the entire process and every link of law enforcement, strictly regulate the implementation of punishment, optimize law enforcement methods, closely connect with the masses, weave a dense network of rights protection for practitioners, and enhance their sense of security. Taking laying a foundation at the grassroots level as a long-term strategy and a solid foundation, we will further deepen the construction of the "Four Basics and Four Modernizations" with the content of "professionalization of grassroots law enforcement teams, standardization of grassroots law enforcement stations, standardization of basic management systems, and informatization of grassroots law enforcement work", and comprehensively consolidate the basic skills of grassroots law enforcement. In addition, based on serving the people and the work of the service center, law enforcement work should be positioned and planned in the overall situation of optimizing the business environment, maintaining industry safety and stability, and promoting high-quality development, promoting the integration of law enforcement and business, and effectively playing the role of law enforcement as a service guarantee. The reporter noticed that in order to enhance service guarantee capabilities, the Action Plan requires a focus on key areas such as safety production supervision, new business form supervision, engineering quality supervision, and road and water transportation market supervision, comprehensively enhancing law enforcement and case handling capabilities, promoting the integration of administrative enforcement and transportation business work, and achieving organic unity of political, legal, and social effects. Actively participate in emergency response, rescue and disaster relief for natural disasters, traffic accidents, public health emergencies and other emergencies, and fully guarantee the safety of people's lives and property. In recent years, the role of transportation administrative law enforcement has been clearly positioned in service guarantee. According to Xu Haiyang, to play the role of law enforcement as a service guarantee, it is necessary to promote the unity of legal and social effects in law enforcement and case handling, establish an evaluation index system for the quality and efficiency of administrative law enforcement, establish a system for analyzing and applying law enforcement data, continue to deepen regional law enforcement cooperation, and do a good job in ensuring special law enforcement services. For example, by reviewing case files and issuing guiding cases, we can establish a good case file standard of "good law enforcement effect and people's satisfaction", guide grassroots law enforcement personnel to change their law enforcement concepts, and actively serve the people and the work of the service center in the process of handling cases. Expand the field of case handling in accordance with the law and regulations, especially in key regulatory areas such as safety production, new forms of transportation, engineering quality, and market supervision of highways and waterways, continuously improve case handling capabilities, and better serve to ensure industry supervision. On the basis of comprehensive collection of law enforcement data, scientific statistics and systematic analysis of law enforcement data are carried out to break down the information barriers of pre -, mid -, and post supervision. This not only allows data to run away, but also enables data to speak up, effectively playing an important supporting role of law enforcement data in administrative decision-making, industry supervision, optimized services, and power supervision. Further expand the scope of regional law enforcement cooperation pilot projects in transportation, and promote the application of pilot results based on the summary of work experience in pilot areas. Promote the integration of laws, policies, and standards within the region, and unify the identification and discretion standards for high-frequency law enforcement matters. Improve the mechanism for regional law enforcement cooperation, strengthen the collection of case information and the sharing of regulatory information, and expand the field of online law enforcement cooperation within the region. Promote regional law enforcement joint logistics linkage, organize regular joint inspections, patrols, and special governance activities, accelerate the formation of regional law enforcement supervision synergy, and better serve the national major regional coordinated development strategy. This year, the State Council has issued guidance on further regulating and supervising the setting and implementation of fines. In implementing the requirements of State Council documents and regulating fines in the transportation sector, the Action Plan has also made corresponding deployment arrangements. According to Xu Haiyang, the transportation sector will strictly regulate fine behavior. At the institutional level, evaluate the penalty provisions in laws, regulations, and rules. If deemed unreasonable, actively submit the evaluation results and handling suggestions to the formulating authority, actively provide feedback on the difficulties and problems in the implementation process, and promote the formulating authority to timely modify and improve relevant regulations and systems. At the execution level, punishment shall be strictly implemented in accordance with legal provisions and illegal facts. The application of discretionary power standards shall be clearly defined in the penalty decision, and no maximum or high fines shall be imposed arbitrarily. The threshold for determining illegal behavior shall not be lowered arbitrarily, the scope of illegal behavior shall not be expanded arbitrarily, and only fines shall be imposed without correcting illegal behavior. The amount of fines shall not be used as a ranking or evaluation indicator, and problems such as increasing income with fines, substituting fines for management, and profit oriented fines shall be resolutely eliminated. At the same time, constantly innovating law enforcement methods. In recent years, various regions have optimized law enforcement methods based on actual conditions, which have been widely recognized by practitioners and have achieved good social effects. For example, in some places, innovative reasoning style law enforcement methods are used, printing QR codes of legal education videos on law enforcement documents, and explaining the specific harmful consequences and punishment basis of illegal behaviors through videos. In some places, administrative compliance guidance for enterprises is implemented, serving as a "compliance teacher" for enterprises, transforming on-site inspections into on-site guidance, and providing corresponding administrative compliance suggestions to help enterprises operate in accordance with the law and reduce illegal activities from the source. These beneficial explorations of innovative law enforcement methods are worth learning from and drawing on. In addition, expand channels for practitioners to protect their rights. "The 12328 transportation service supervision hotline is an important channel for practitioners to express their demands. We should attach great importance to the complaint and reporting clues collected through the service supervision hotline. It is necessary to form a closed-loop processing mechanism of acceptance, verification, processing, feedback, and supervision, as well as to form monthly law enforcement complaint and reporting analysis reports, timely address common issues strongly reflected by practitioners, and improve the satisfaction rate of handling cases." Xu Haiyang said. (Lai Xin She)

Edit：Liling Responsible editor：Wang Chen

Source：http://www.legaldaily.com.cn

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