China News Service, November 4th. According to the news on the website of the Ministry of Industry and Information Technology on the 4th, the Ministry of Industry and Information Technology has revised the "Procedures for Administrative Punishment of Tobacco Monopoly" and formed the "Procedures for Administrative Punishment of Tobacco Monopoly (Draft for Comment)", which will be submitted to the Ministry of Industry and Information Technology. The public solicits opinions.
Among them, the main contents of the revision of the Provisions on Administrative Penalty Procedures for Tobacco Monopoly (Draft for Comment) are as follows:
(1) Adjust the jurisdiction and applicable regulations.
Amendments have been made to improve the handling of disputes under joint jurisdiction and the transfer of suspected criminal cases.
In the jurisdiction chapter of the current "Regulations", the relevant content of the application of the law has been added: the applicable provisions of "confiscation of illegal income" have been added, and the scope of "illegal income" has been clarified; the same illegal act shall not be punished repeatedly, and the administrative penalty shall be less severe or mitigated. , impunity for the first violation, and administrative discretion benchmarks.
(2) The chapter "General Provisions" is added.
The content about law enforcement qualifications, recusal, obligation to inform in advance, types of evidence, etc. in the "General Procedures" chapter of the current "Regulations" is adjusted to this chapter as a general provision applicable to both simplified procedures and ordinary procedures, and the specific procedures are revised and improved.
In order to implement the relevant requirements of the "three systems", regulations such as information disclosure of tobacco monopoly administrative penalties, full records of the law enforcement process, and legal disclosure of administrative penalty decisions have been added.
(3) Improve the provisions on simplified procedures and ordinary procedures.
Increase the amount of cases involved in the application of the simplified procedure.
Add provisions such as the right of law enforcement officers to refuse to accept the investigation and the obligation of the parties to cooperate if law enforcement officers fail to present their law enforcement certificates.
Supplementary electronic data evidence types and forensic procedures requirements.
Clarify the requirements that no administrative penalty decision shall be made without legal review, and that legal review personnel should obtain legal professional qualifications.
Adjust the time limit and specific circumstances for making administrative punishment decisions, and clarify that major violations should be collectively discussed and decided.
Increase the electronic delivery method, and improve the applicable conditions and time limit for the delivery of announcements.
(4) Adjusting the provisions on hearing procedures.
Expand the scope of application of hearings, extend the time limit for the parties to apply for hearings, and clarify the requirements that decisions should be made in conjunction with the hearing records.
Further standardize the hearing procedure and increase the time limit for organizing a hearing after the Tobacco Monopoly Bureau receives an application.
Supplement the provisions that the parties refuse to attend the hearing as a waiver of rights, and adjust the detailed provisions in the hearing.
(5) Improve regulations on the enforcement of administrative penalties and law enforcement supervision.
Increase the amount of fines shall not exceed the provisions of the amount of fines, and clarify the procedures for delaying the payment of fines.
Increase administrative law enforcement review, assessment, and social supervision mechanisms, while strengthening accountability, including law enforcement without law enforcement qualifications, and failure to file cases that meet the filing standards in a timely manner.
In order to implement the latest revisions to the Regulations on the Implementation of the Tobacco Monopoly Law, it is clarified that these regulations are applicable to new types of tobacco such as e-cigarettes.
(Zhongxin Finance)