China News Service, Beijing, January 22 (Reporter Xing Chong and Liang Xiaohui) The 25th meeting of the 13th National People's Congress Standing Committee voted on the 22nd to pass the revised Administrative Penalty Law.

Yuan Jie, Director of the Administrative Law Office of the Legal Work Committee of the Standing Committee of the National People’s Congress, said in response to reporters’ questions at the press conference that the revision insisted on setting rules and demarcation limits for the exercise of the power of administrative punishment. Law enforcement has both strength and temperature, and a series of targeted regulations have been made.

  The Administrative Punishment Law is used to adjust the relationship between administrative agencies and administrative counterparts.

The current Administrative Penalty Law was enacted in 1996. In June 2020, the draft of the Administrative Penalty Law was submitted to the Standing Committee of the National People's Congress for first review, followed by a second review in October 2020, and a third review in January 2021.

  Yuan Jie said that in order to effectively protect the legitimate rights and interests of citizens, legal persons, and other organizations, and solve outstanding problems such as low cost of violations, the revision has supplemented the types of administrative penalties and introduced types of administrative penalties such as behavioral penalties and qualification penalties; requirements for violations The income shall be confiscated in addition to refunds and compensations in accordance with the law. At the same time, the period of liability for illegal acts involving citizens' lives, health and safety, financial security and harmful consequences has been extended.

  In terms of strengthening the principle of combining punishment with education and improving the social recognition of administrative punishments, Yuan Jie said that the amendment added that the first offense could not be punished, and it was clarified that the first offense with minor harmful consequences and timely corrections may not be subject to administrative punishment. ; It is clear that there is no impunity for subjective fault, and it is stipulated that if the party has sufficient evidence to prove that there is no subjective fault, no administrative punishment shall be imposed; the rule of applying the old and the lighter is added.

  When referring to the highlights of the revision of the law, Yuan Jie said that the provisions of the comprehensive administrative law enforcement system and the decentralization of administrative penalty powers to township streets have been added, and the three systems of administrative law enforcement have been incorporated into the administrative penalty law, and the setting of administrative penalties has been appropriately expanded Permissions, etc.

"The biggest bright spot is to implement the major reform decisions and deployments of the Party Central Committee and promote the progress of the administrative penalty system."

  "The value of administrative law enforcement is by no means'punishment for punishment', but to achieve the actual effect of preventing violations." Zhao Zhenhua, director of the Bureau of Administrative Law Enforcement Coordination and Supervision of the Ministry of Justice, said in response to reporters that the Ministry of Justice will then work with relevant departments to draft To implement the newly revised Administrative Punishment Law’s opinions, it is planned to put forward specific work arrangements and requirements in terms of further standardizing administrative punishments, rigorous administrative punishment procedures, and implementing the exemption list system.

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