The party is fined to suspend production and business, etc., shall not stop the publicity in advance
The State Administration of Market Supervision issued three regulations in a row to strengthen credit constraints and achieve a sharp sword
Core reading
The new credit-based regulatory mechanism adopts differentiated regulatory measures in accordance with the credit status of market entities.
For market entities with better credit and lower risks, the proportion and frequency of spot checks should be reduced.
For market entities that violate the law and have higher risks, appropriately increase the proportion and frequency of spot checks, and include them in the scope of key credit supervision, so that the supervisory power "uses good steel on the blade", and strives to "do nothing without disturbing" the honest and law-abiding ones. , "The sword hangs high" against those who violate the law and dishonesty.
□ Our reporter Wan Jing
Recently, the State Administration of Market Supervision announced the "Administrative Measures for the List of Seriously Violated and Untrustworthy Market Supervision and Administration" (hereinafter referred to as the "Measures"), the "Regulations on the Disclosure of Administrative Punishment Information on Market Supervision and Administration" (hereinafter referred to as the "Regulations"), and the "Market Supervision and Administration Credit Repair Management Measures" (hereinafter referred to as the "Measures") The regulations of three departments including the Measures (hereinafter referred to as the “Repair Measures”) will be implemented on September 1.
The newly revised "Measures" expand the list of serious violations of untrustworthiness, and the newly revised "Regulations" and the newly formulated "Remediation Measures" jointly promote the resolution of problems such as a long period of time for publicizing administrative punishment information by market supervision departments and an incomplete credit restoration mechanism. .
The promulgation and implementation of these three departmental regulations and normative documents will play an important role in promoting the establishment of a long-term mechanism for credit-based market supervision, maintaining fair competition in the market order, stimulating the vitality of market entities, and promoting high-quality development.
Focus on key livelihood areas
Among them, the most eye-catching is the "Methods."
The "Measures" include food, drugs, and special equipment in the areas of market supervision that are directly related to the lives and health of the people, into the list of severely untrustworthy supervision.
In response to the chronic diseases in the market order, we have made heavy blows and strong medicines, strengthened credit constraints and punishments for dishonesty, focused on solving the pain points of the masses and governance difficulties, truly let the market supervision grow teeth, and realize the "high-hanging sword", prompting market players Keep the fear, know awe, and abide by the rules, and enhance the awareness and level of law-abiding and honest management.
In the food sector, engage in food production and business activities without obtaining a food production and business license in accordance with the law; use non-food raw materials to produce food; add chemical substances other than food additives to food and other substances that may harm human health; production and business nutrition does not conform to food Safety standards for the main and supplementary foods for infants and other specific populations; production and operation of foods with added drugs; production and operation of poultry, livestock, beasts, aquatic animal meats and their products that have died of illness, poisoning, or death due to unknown causes; Meats that are quarantined or unqualified in accordance with the regulations; the production and operation country expressly bans the production and operation of food for special needs such as disease prevention, and falls under the relevant provisions of the Measures, shall be included in the list of severely illegal and untrustworthy (food safety production and business operators who seriously violate the law) blacklist).
In the fields of medicines, medical devices, and cosmetics, it produces and sells counterfeit and inferior medicines; illegally produces and sells medicines (including vaccines) that are subject to special national management requirements; produces, imports, and sells medicines (including vaccines) that have not obtained drug approval documents ; Production and sales of unregistered second and third categories of medical devices; production and sales of cosmetics that have illegally added substances that may harm human health; other violations of the laws and administrative regulations on drugs, medical devices, cosmetics, and serious harm to the health of the people Life safety violations that fall under the relevant provisions of the "Measures" shall be included in the list of serious violations of untrustworthiness.
Strengthen the punishment for dishonesty afterwards
The "Regulations" have also attracted great attention in the industry.
The highlight is mainly to increase the punishment for untrustworthiness after the fact and increase the cost of violations in key areas.
According to the "Regulations", the market supervision and management departments of all provinces, autonomous regions, and municipalities directly under the Central Government shall, in accordance with these regulations, improve the national enterprise credit information disclosure system in a timely manner, and provide easy-to-operate retrieval and access methods to facilitate the public to retrieve and access administrative penalty information.
The market supervision and management department shall strictly perform the duties of publicizing administrative penalty information, and establish and improve the internal review and management system for the publicity of administrative penalty information in accordance with the principle of "who handles the case, who enters it, and who is responsible".
The case handling agency shall promptly and accurately enter the administrative penalty information.
The institution responsible for the publicity of enterprise credit information shall strengthen the daily management of the publicity of administrative penalty information.
The “Regulations” especially emphasize that if the party is ordered to suspend production and business, restrict production and business activities, restrict employment, lower the qualification level, revoke licenses, revoke business licenses, and other severe administrative penalties prescribed by the State Administration for Market Supervision and Administration, they shall not stop early Publicity.
Gao Qinwei, a professor at the School of Law of the Central University of Finance and Economics, pointed out that the traditional supervision model exerts equal force on all supervisory entities, and the cost of supervision is high.
The new credit-based regulatory mechanism adopts differentiated regulatory measures in accordance with the credit status of market entities.
For market entities with better credit and lower risks, the proportion and frequency of spot checks should be reduced.
For market entities that violate the law and have higher risks, appropriately increase the proportion and frequency of spot checks, and include them in the scope of key credit supervision, so that the supervisory power "uses good steel on the blade", and strives to "do nothing without disturbing" the honest and law-abiding persons. , "The sword hangs high" against those who violate the law and dishonesty.
Professor Yang Weidong of the National School of Administration pointed out that credit supervision through innovative supervision concepts, supervision systems and supervision methods, realizes the allocation of supervision resources in key areas, key links, and key objects that require supervision, effectively improving supervision efficiency, maintaining fair competition, and Reduce market transaction costs.
The hierarchical and classified supervision is the main way to implement the new type of credit supervision.
For market entities with good credit and low risks, reasonably reduce the proportion and frequency of spot checks to reduce the impact on normal production and operation; while for market entities with illegal, untrustworthy, and high-risk market entities, increase the proportion and frequency of spot checks, and implement strict supervision in accordance with laws and regulations , So as to achieve "let the trustworthy reduce costs, let the untrustworthy pay the price".
Reinvent the evidence-based model
The promulgation of the three regulations embodies the overall planning and promotion of key supervision and the supervision concept of "dual randomness and one openness".
According to the characteristics of regional and industry risks, explore the establishment of a list of key supervision items, comprehensively sort out key supervision items within the scope of responsibility, clarify the content of supervision subjects, supervision objects, and supervision measures, and implement key supervision in accordance with laws and regulations.
In addition to the list of key supervision items, promote the full coverage of "double random, one open" supervision, and combine with the results of corporate credit risk classification to improve the ability to find problems.
For example, the "Repair Measures" proposes that parties who are included in the list of abnormal operations or are marked as abnormal operations can apply for credit repair in accordance with the provisions of these Measures if they meet one of the following circumstances: the annual report of the year that has not been submitted is supplemented and publicized; Fulfill the obligation of real-time information disclosure; have corrected the publicity information that concealed the truth or falsified the information; handled the registration of the change of residence or business premises in accordance with the law, or the parties may regain contact with the registered residence or business premises.
If the party has been included in the list of serious violations of untrustworthiness for one year, and meets the following circumstances, he can apply for credit restoration in accordance with the provisions of these Measures: Has consciously performed the obligations stipulated in the administrative penalty decision; has actively eliminated the harmful consequences and adverse effects; has not received any more The market supervision and management department has a heavier administrative penalty.
In this regard, industry insiders analyzed and pointed out that by improving the credit restoration system, shortening the information disclosure period, and standardizing credit restoration procedures, we encourage illegal and untrustworthy parties to reshape their credit, stimulate the vitality of market entities, and build a combination of decentralization, leniency and strictness, and orderly progress. The new pattern of credit supervision by the market supervision department.
Han Jiaping, director of the Credit Research Institute of the Institute of International Trade and Economic Cooperation of the Ministry of Commerce, believes that compared with traditional supervision methods, the new credit-based supervision mechanism has some characteristics worthy of attention: First, it highlights the role of “information” and “credit” in supervision. The fundamental role in China.
From an information perspective, the process of credit supervision is the process of generating, collecting, sharing, disclosing, evaluating, applying, and restoring credit information, highlighting the role of public credit information sharing and disclosure; from a credit perspective, credit supervision is sufficient The process of applying credit management methods and tools such as credit investigation, credit evaluation, and use of credit.
The second is the full credit supervision that runs through the entire life cycle of market entities and connects the full supervision links before, during and after the event.
The third is to substantially increase the cost of dishonesty and allow supervision to "grow teeth."
The fourth is to pay more attention to the rule of law, standardization, standardization, and the protection of the rights and interests of market entities.