China News Service, Shanghai, August 16 (Reporter Xu Jing) At the Shanghai Municipal Government Press Conference held by the Shanghai Municipal Government Information Office on the 16th, Lu Weidong, Director of the Office of the Leading Group for the Construction of the Shanghai Municipal Legal Government and Director of the Municipal Bureau of Justice, introduced Relevant information of the "Guiding Opinions on Comprehensively Implementing Minor Violations without Administrative Punishments in accordance with the Law".

  According to reports, recently, Shanghai issued the "Guiding Opinions on Comprehensively Implementing Minor Illegal Acts Without Administrative Punishment According to Law" (hereinafter referred to as the "Guiding Opinions"). (hereinafter referred to as "no administrative punishment for minor violations").

The "Guiding Opinions" is a major administrative decision-making matter of the Shanghai Municipal Government in 2022, which is of great significance to deepening the construction of a legalized business environment and will be officially implemented from August 20.

  No administrative punishment for minor violations is not only a clear key task of the central government, the state, the municipal party committee and the municipal government, but also has multiple positive effects.

One is to reduce the economic burden of enterprises, reduce operating costs, and prevent enterprises from carrying "credit stains" due to minor violations of the law, which will affect subsequent development; It helps to promote law-abiding operations of enterprises, maintain economic and social order, and achieve the purpose of law enforcement; third, the list provides clear guidelines for grass-roots law enforcement, making case handling more efficient and improving law enforcement effectiveness.

  It should be noted that no administrative penalty will be imposed for minor violations, which does not mean that any violation of the enterprise can be fault-tolerant, nor does it mean that law enforcement officers can be free from punishment.

The non-administrative punishment is only applicable to illegal acts that comply with the statutory non-administrative punishment system, and a series of legal conditions must be met at the same time, such as having been corrected in a timely manner and having minor (or no harmful consequences) consequences.

  According to incomplete statistics, from the implementation of the first list on March 15, 2019, to August 14, 2022, Shanghai has applied the list to impose no administrative penalties on minor violations of more than 5,000 enterprises.

If calculated based on the minimum fine amount of the individual law penalty, the amount of fine reduction is more than 595 million yuan.

Enterprises generally welcome the absence of administrative penalties for minor violations, especially under the influence of the epidemic, which reduces the burden on small and micro enterprises and helps enterprises survive and develop.

  At the press conference, Li Xiaomeng, chief economist of the Shanghai Municipal Bureau of Market Supervision, said that in March 2019, the Shanghai Municipal Bureau of Market Supervision and the Shanghai Municipal Bureau of Justice jointly issued the "Exemption List for Minor Illegal Illegal and Illegal Business Behaviors in the Market", which is also the first in the country. In order to further respond to the concerns of market players and continue to promote and deepen the implementation of the list of exemptions for minor violations, the Bureau of Market Supervision issued the second and third lists in February last year and July this year. list.

At present, there are a total of 50 non-penalty items in the field of market supervision in the three lists.

  As of August 15 this year, according to the provisions of the list, the city's market supervision departments have not imposed penalties on 4,153 market players, of which advertising cases accounted for the largest proportion, reaching 3,399.

(Finish)