Administrative law enforcement should have both strength and warmth
2024-07-15
Strengthen the supervision of administrative litigation involving market entities and promote the proportionality of administrative penalties; Strengthening the empowerment of big data and improving the quality and efficiency of supervision... Recently, the Supreme People's Procuratorate released the 15th batch of 7 typical cases of "prosecution protecting enterprises" administrative prosecution, covering various functions of administrative prosecution such as administrative litigation supervision and administrative illegal behavior supervision. Among them, the supervision and correction of "minor offenses and heavy penalties" related to enterprises through administrative violations is particularly noteworthy. Enterprises are the fundamental cells of the economy, and the business environment is the soil for their survival and development. To achieve high-quality development, it is necessary to use the power of the rule of law to serve and ensure economic development. Since the beginning of this year, the national procuratorial organs have focused on key areas such as property rights protection, social credit, and regulatory law enforcement for enterprises, and have solidly promoted the "Procuratorial Protection of Enterprises" special action. These typical cases not only showcase the phased achievements of "procuratorial protection of enterprises", but also reflect the proactive actions of procuratorial organs in fulfilling their legal supervision responsibilities and improving the level of legal business environment construction. The case of a merchant being fined 300000 yuan by the market supervision department for not clearly disclosing the types of awards, participation conditions, and other relevant information before the sale of a prize sales activity, was supervised by the procuratorial organ of a district in Zhangjiakou City, Hebei Province through public hearings, issuing procuratorial suggestions, and other methods to urge the administrative organ to implement the principle of "excessive punishment is equivalent". In the end, the market supervision department imposed a new fine of 50000 yuan, which promoted the substantive resolution of administrative disputes, protected the rights and interests of small and micro enterprises in accordance with the law, resolved their practical difficulties, and injected legal elements into economic recovery and business environment optimization. For example, in order to improve the quality and efficiency of supervision, the procuratorial organs of Ningbo City, Zhejiang Province, have strengthened digital empowerment and constructed a "minor offenses with heavy penalties" digital supervision model, and used this model to retrieve and discover relevant clues. After further investigation and verification, 13 cases of administrative non litigation execution supervision and administrative effective judgment supervision have been handled so far. This not only protects the legitimate rights and interests of enterprises in accordance with the law, but also helps to urge administrative law enforcement agencies to accurately apply the law on a larger scale, find a balance between the "intensity" and "temperature" of administrative law enforcement, and reduce the occurrence of administrative dispute cases from the source. The rule of law is the best business environment. As an important component of the national economy, private enterprises have played an important role in stabilizing growth, promoting innovation, increasing employment, and ensuring people's livelihoods, and are an important force in promoting economic and social development. At the same time, many private enterprises are suspected of illegal or even criminal activities due to non-standard operations and inadequate management mechanisms. How to properly handle such issues not only tests the relevant departments' understanding and implementation of the principle of "excessive punishment is equivalent", but also relates to the survival and development of enterprises. In administrative law enforcement activities, punishment is the means, education is the goal, and the key lies in the principle of "appropriate punishment" - China's Administrative Penalty Law clearly stipulates that the establishment and implementation of administrative penalties must be based on facts, commensurate with the facts, nature, circumstances, and social harm of the illegal act. In recent years, some administrative penalty cases of "minor over severe punishment" have repeatedly sparked controversy because such "inappropriate over punishment" actions not only do not conform to the spirit of the law and the requirements of fairness and justice, but also harm the legitimate interests of the parties involved, and even seriously affect their production and life. This is not conducive to their understanding of mistakes, correction of mistakes, and establishment of trust in the rule of law. The procuratorial organs shoulder the responsibility of legal supervision and should carry out legal supervision in accordance with the law. In February of this year, the State Council issued the "Guiding Opinions on Further Regulating and Supervising the Setting and Implementation of Fines", which clearly requires resolutely preventing behaviors such as increasing income through fines, managing fines through fines, and imposing fines for profit, strictly regulating fines, and promoting the rule of law, institutionalization, and standardization of in-process and post event supervision. The release of relevant typical cases by the Supreme People's Procuratorate not only highlights the determination of "procuratorial protection of enterprises", but also a concrete manifestation of promoting the rule of law, institutionalization, and standardization of in-process and post event supervision. Strengthening the supervision of administrative litigation involving market entities can draw on collective wisdom and promote administrative penalties that comply with the principle of proportionality; Big data can empower targeted efforts to improve the quality and efficiency of supervision. More importantly, on this basis, we need to deepen the governance of the "minor offenses with heavy penalties" system and ensure that the principle of "equal punishment for excessive offenses" is implemented. The private economy is the "driving force" for economic development and the "booster" for improving people's well-being. To promote the healthy development of private enterprises, it is necessary to understand their demands, solve their difficulties, boost their confidence, and then provide more solid development support for private enterprises and entrepreneurs with a more warm legal force. (New Society)
Edit：Ying Ying Responsible editor：Shen Chen
Source：http://www.legaldaily.com.cn
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