Explore and practice flexible law enforcement and strive to create a business environment governed by the rule of law
Public security organs are tolerant and prudent in law enforcement to promote economic stability, development and people's livelihood
□ Our reporter Dong Fanchao
Recently, when the Internet Police Brigade of Qujiang Branch of the Public Security Bureau of Quzhou City, Zhejiang Province and the Zhangtan Police Station jointly inspected a network technology company, they found that the company had not established a network security management system and had not formulated an emergency plan for network security incidents. In view of the illegal behavior of network operators not fulfilling their obligations to protect network security, in view of the company's first violation of the law and the minor harmful consequences and timely rectification, in accordance with the "Regulations on "First Violation Impunity" for Minor Enterprise-related Violations (Trial)" , Qujiang Branch made a decision not to impose administrative punishment on the company, and issued a decision not to punish.
"The implementation of 'first violation without penalty' for minor violations involving enterprises has given market entities a chance to correct their mistakes. This is part of our flexible law enforcement and an important measure to create a business environment governed by the rule of law. ” said the relevant person in charge of the Qujiang Branch.
Qujiang Branch's exploration and practice of "no punishment for the first violation" of minor illegal acts involving enterprises is a microcosm of the public security organs' comprehensive implementation of flexible law enforcement.
The reporter of "Rule of Law Daily" found that since the beginning of this year, public security organs in various places have strictly cracked down on serious crimes in accordance with the law, while protecting the legitimate rights and interests of enterprises and the masses, promoting economic stability, promoting development, and protecting people's livelihood through inclusive and prudent law enforcement, and helping public security law enforcement work. Upgrade to continuously improve the sense of gain and satisfaction of the masses.
Steady Law Enforcement Helps Compliance
Recently, the Public Security Bureau of Pujiang County, Zhejiang Province, based on the compliance assessment report given by a third-party organization, made a decision not to impose an administrative penalty on a jewelry company that violated the regulations on the management of precursor chemicals.
The smooth settlement of this first corporate administrative compliance case has once again broadened the coverage of Pujiang Public Security's deepening of flexible law enforcement, and promoted the implementation of helping enterprises to bail out and optimize the legalized business environment.
As the "Crystal Glass Capital of China", most small and micro crystal enterprises in Pujiang conduct production and operation by renting large enterprise sites. Because they do not have a separate business license, they cannot apply for precursor chemicals (one of the important production raw materials), and borrow others for record. It proves that the purchase situation is relatively common, and there are certain regulatory loopholes and security risks.
In order to effectively solve the actual business problems of enterprises, Pujiang Public Security has explored and launched a new management model of precursor chemicals - large enterprises and public security organs sign a responsibility letter, and take the main responsibility for the management of precursor chemicals affiliated to small and micro crystal enterprises. It is not allowed to sell by resale; the public security organs will urge and guide large enterprises to establish and improve management systems and internal norms, set up special storage sites, implement special personnel management, standardize ledger registration, and ensure that the management and use of precursor chemicals are legal and compliant.
At the same time, the administrative compliance procedures and operational procedures were clarified, the incentive mechanism for administrative compliance was improved, and three lists of "lesser", "reduced" and "unpunished" for the discretionary power of administrative law enforcement were introduced.
"Originally, in order to comply with relevant laws and regulations, we planned to concentrate the use of precursor chemicals in one workshop during rectification. However, this is costly, extremely inconvenient, and everyone's usage standards are different. The public security organs solve the problem for us. This is a big problem.” As Mr. Zhang, a local entrepreneur, said, this move by the public security organs not only gave the “mistaken” enterprises a chance to make corrections, but also promoted the standardized development of enterprises and even the industry.
During the interview, the reporter learned that while prudent law enforcement has promoted the development of corporate compliance and broadened the coverage of flexible law enforcement, local public security organs have also actively strengthened law enforcement supervision involving enterprises to better ensure the normal production and operation of enterprises, and maintain economic vitality and resilience.
The Guizhou Public Security Economic Investigation Department and the procuratorial organs carried out the special clean-up work of "suspended cases" involving private enterprises in criminal proceedings, and investigated and cleared more than 110 "suspended cases" involving private enterprises; carried out special rectification actions for law enforcement and judicial services to ensure the high-quality development of the private economy. Investigated 100 cases involving private enterprises, supervised and rectified more than 20 problems, and resolutely rectified problems such as irregular use of investigation coercive measures and illegal seizure and freezing.
The Gansu Public Security Economic Investigation Department carried out law enforcement inspections, case evaluations, petition inspections, and special rectification activities of "three investigations and one treatment", and reviewed more than 400 cases; issued the "Opinions on Strengthening the Receiving and Filing of Economic Crime Cases", etc. A number of law enforcement systems have been standardized to strengthen the governance of issues such as confrontation without investigation, protracted delays, meddling in economic disputes, and abuse of coercive measures.
Law enforcement details reflect temperature
"We originally planned to go to arrest directly, but found that the suspect Jia was playing with his daughter, fearing that it would have a bad impact on the child, and immediately adjusted the arrest plan." The Special Patrol Brigade of Yinzhou Branch of Ningbo Public Security Bureau, Zhejiang Province the police said.
Jia was listed as an online wanted person for refusing to perform the effective judgment to pay others.
After discovering Jia's trace, the police decided to play "an encounter with an old friend". Jia understood and cooperated in a low voice, but asked him to accompany his daughter to finish the meal.
After the meal, the police accompanied Jia's daughter to chat until her mother picked her up.
Such flexible law enforcement cases have become a common phenomenon in Zhejiang.
On the basis of fully protecting the rights of those involved, the details of law enforcement are also trying to reflect humanistic care.
In addition to "flexible arrest" to avoid leaving a psychological shadow on the suspect's minor children, Zhejiang public security organs have also explored the establishment of a law enforcement carer system, and designated police officers as temporary carers for detainees. For major family incidents, law enforcement carers can provide convenient services or convey entrusted matters in a timely manner in accordance with the law, which fully reflects the temperature of law enforcement.
"Auntie with a bag, you ran a red light, please stand by the roadside and wait for the red light." Recently, at many intersections in the urban area of Tonglu County, Hangzhou City, Zhejiang Province, residents can always hear such gentle and firm reminders when traveling. Voice.
The traffic police department of Tonglu Public Security uses intelligent control technology equipment to adopt flexible law enforcement in a shouting style, which shortens the distance between traffic managers and participants, and the law enforcement effect is more obvious.
"The citizens who are called will immediately realize their mistakes and correct them in time; the pedestrians next to them will also take the initiative to check whether they have done something wrong and correct themselves." said Hu Hong, deputy leader of the traffic police brigade of Tonglu County Public Security Bureau. .
Since the advocacy of flexible law enforcement, Zhejiang public security organs have included 10 types of traffic violations in the first violation warning list, and the amount of penalties has dropped by 20.42%; the measures to reduce points for studying the law have been implemented, and 2.852 million people have completed the reduction and exemption of points.
"Public security organs in various places have explored and practiced flexible law enforcement, actively responded to the new demands and expectations of the people, and actively served to stabilize the economic market, ensure and improve people's livelihood, and fully reflect the people-centered law enforcement concept." University Government of the Chinese Academy of Social Sciences Peng Jie, a professor at the School of Management, commented that efforts should be made to realize the organic unity of political, legal and social effects of law enforcement activities.
Strengthen advance warning
The change from "severe punishment afterwards" to "prevention before the event" is another notable sign of the current public security organs in various places exploring and practicing "flexible law enforcement".
Especially in strengthening the self-discipline awareness of market entities in law-abiding operations, local public security organs adhere to the principle of "education first, prevention first", adhere to advance warning, in-process correction and restraint, and post-event education norms, and adopt measures such as reminders, warnings, and rectification. , and guide the parties to correct or eliminate illegal acts on their own.
In accordance with the provisions of Article 33 of the Administrative Penalty Law, the Shanxi Provincial Public Security Department has formulated a list of companies-related minor cybersecurity violations that will not be punished, which provides a basis for the province's public security organs to enforce administrative enforcement of corporate-related cybersecurity management. According to the investigation, it reduces the room for discretionary rent-seeking, and at the same time, it is clear that "no penalty" is not simply exempting from administrative punishment, but requires law enforcement police to educate, guide and urge the parties to consciously abide by the law by signing a letter of commitment, and guide market players to correct themselves. Or put an end to illegal acts, and strengthen the self-discipline awareness of market players in law-abiding operations.
The public security organ of Kunming City, Yunnan Province has implemented flexible law enforcement measures such as no disturbance and no punishment for the first violation, so as to prevent the negative impact on business operations caused by law enforcement case handling to the greatest extent.
At the same time, the campaign of "Thousands of Police Entering Thousands of Enterprises" was carried out in depth, focusing on investigating risks in the economic field, cleaning up more than 120 risk units, and issuing more than 60 notices and warnings, effectively purifying the market environment.
The public security organs of Zibo City, Shandong Province carried out the "Thousand Police Associations and Thousands of Enterprises", the activities linked 1,476 key enterprises and 418 major projects, signed the police-enterprise co-construction cooperation agreement, established a system for enterprises to evaluate the public security organs, and jointly launched a large-scale publicity campaign. During the investigation and rectification, 10 measures and 10 prohibitions were formulated to serve the development of enterprises and ensure the entrepreneurship of entrepreneurs, which not only clarified the list of work to benefit businesses and enterprises, but also delineated the legal bottom line and the red line of discipline.
"No disturbance at all events, no penalty for the first violation, and other flexible law enforcement measures, which effectively and organically combine advanced services with the use of rights in accordance with laws and regulations, and have great practical and far-reaching significance for serving and promoting high-quality economic development." Jie's analysis pointed out that in the next step, the public security organs should balance the relationship between the discretion of law enforcement and strict law enforcement. While accelerating the unification of the implementation rules and standards and improving the quality and ability of law enforcement personnel, it should strengthen the system integration, replication and promotion of relevant exploration experience, and put The mature experience and effective practices of various regions will be upgraded to an overall mechanism as soon as possible, providing a stronger legal guarantee for further optimizing the business environment.