Optimize and improve law enforcement methods to avoid "big bombardment of birds" The
Ministry of Transport issued strict, fair and civilized law enforcement opinions
The "Opinions on Strictly Standardizing, Fair and Civilized Law Enforcement" focuses on the problems of weak purpose, poor style, weak skills, poor responsibility, and poor law enforcement in the law enforcement team. It adheres to the two-way force of standardized guidance and supervision and management, and guides all regions. Promote strict, fair and civilized law enforcement from five aspects: firmly establishing the concept of law enforcement for the people, focusing on tempering a strong law enforcement style, effectively regulating law enforcement behavior, consolidating basic law enforcement skills at the grassroots level, strict law enforcement supervision, and discipline accountability.
□ Our reporter Xu Wei
□ The reporter's trainee reporter Liu Xin
Adhering to strict, standardized, fair and civilized law enforcement is a basic requirement for comprehensively advancing the rule of law.
Recently, the Ministry of Transport issued the "Opinions on Strictly Regulating, Fair and Civilized Law Enforcement" (hereinafter referred to as the "Opinions") to safeguard the legitimate rights and interests of transportation practitioners and promote the sustained, healthy and stable development of transportation.
The "Opinions" require that efforts should be made to change the concept of law enforcement, optimize law enforcement methods, standardize law enforcement behavior, improve quality capabilities, strict law enforcement discipline, strengthen supervision and accountability, effectively improve transportation governance capabilities and governance levels, and provide strong legal guarantees for accelerating the construction of a strong transportation country .
Strictly regulate fair and civilized law enforcement
On April 30, the Ministry of Transport issued the "Special Rectification Action Plan for Prominent Issues in the Field of Traffic and Transportation Law Enforcement," and decided to launch a six-month special rectification action on outstanding issues in the field of law enforcement in the national transportation system.
Advancing strict, standardized, fair and civilized law enforcement is not only an important part of the implementation of special rectification actions for outstanding problems in the field of law enforcement, but also an important guarantee for consolidating the effects of special rectification and promoting the sustainable and healthy development of the transportation industry.
The relevant person in charge of the Ministry of Transport pointed out that the "Opinions" focused on the problems of weak purpose, poor style, weak skills, poor responsibility, and poor law enforcement in the law enforcement team, and insisted on standardizing guidance and supervision and management. All localities have promoted strict, fair and civilized law enforcement from five aspects: firmly establishing the concept of law enforcement for the people, focusing on perfecting law enforcement style, effectively regulating law enforcement behavior, consolidating basic law enforcement skills at the grassroots level, strict law enforcement supervision, and discipline accountability.
At the same time, as a supporting system of the "Opinions", the Ministry of Transport also simultaneously issued the "Code of Professional Ethics for Traffic and Transport Administrative Law Enforcement Officers", "Prohibitions on Traffic and Transport Administrative Law Enforcement", and "Code of Transport Administrative Law Enforcement Discipline" as annexes to the "Opinions", and strive to improve Law enforcement authority and law enforcement image.
Shen Kaiju, vice chairman of the Administrative Law Research Institute of the Chinese Law Society and a professor at the Law School of Zhengzhou University, said that the "Opinions" are the requirements for fully implementing the construction of a government under the rule of law.
The issuance of the "Opinions" is of great significance to the comprehensive implementation of the implementation outline for the construction of a government under the rule of law, especially the five-year plan.
Xiong Wenzhao, Chair Professor of Tianjin University and Deputy Dean of the Institute of National Institutions and National Governance of Tianjin University, pointed out that the "Opinions" are highly pertinent, focusing on the problems of law enforcement and work style that are strongly reflected by the people, and pointed out the profession of law enforcement personnel in a targeted manner. Code of ethics, law enforcement bans, and law enforcement personnel’s codes of conduct to safeguard and protect the legal rights and interests of transportation practitioners, regulate law enforcement behavior from the perspective of professional ethics and discipline requirements, and strengthen supervision and accountability, and pass ten prohibitions to prohibit sex. The standardized method strictly prohibits the emergence of irregular law enforcement behavior.
"Although the "Opinions" were put forward during the 6-month special rectification action, relevant measures need to be normalized." Xiong Wenzhao said.
Four aspects to optimize law enforcement
The reporter noticed that in terms of firmly establishing the concept of law enforcement for the people, the "Opinions" clearly stated that the methods of law enforcement should be optimized and improved.
The relevant person in charge of the Ministry of Transport said that optimizing law enforcement methods specifically includes four aspects: First, insisting on equal penalties.
The punishment decision made by law enforcement officials should be commensurate with the facts, nature, circumstances, and degree of social harm of the illegal act. Do not use "big shelling at the birds" to avoid abnormalities and seriousness; the second is to impose no punishment for minor illegal acts; that is, for those who meet the conditions. Minor violations shall not be punished in accordance with the law; the third is to promote rational law enforcement, adhere to the combination of punishment and education, implement the "who enforces the law, who popularizes the law" legal responsibility system, and strive for the parties’ understanding, recognition and support of the law enforcement decision; Serving the law enforcement, integrating measures to facilitate the people and serving the people into the law enforcement work, not only guides market entities to abide by the law, but also allows practitioners to feel the temperature of law enforcement.
Shen Kaiju said that the specific content of optimizing and improving law enforcement methods is the implementation of the newly revised Administrative Penalty Law.
Taking the implementation of non-punishment for minor violations as an example, Article 33 of the newly revised Administrative Punishment Law clearly stipulates that if the violation is minor and promptly corrected, no administrative penalty will be imposed if the violation does not cause harmful consequences.
Anyone who violates the law for the first time with minor consequences and makes timely corrections may not be subject to administrative penalties.
Administrative penalties are not for penalties. The Administrative Penalty Law aims to regulate the establishment and implementation of administrative penalties.
Xiong Wenzhao said that in accordance with the basic principles of combining punishment with education and equal penalties, severe penalties should indeed be imposed for deliberately disrupting traffic order and serious violations of the law.
However, for minor violations that are not harmful to the society, if everything is punished, it will increase the burden on transportation employees, and it will not meet the requirements of law enforcement concepts such as standardizing market order and better promoting social stability.
At the same time, it will also reduce the stigma of those who violate the law after receiving administrative punishments, and fail to achieve the goal of combining punishment with education.
So how to identify minor violations?
In this regard, Shen Kaiju believes that on the one hand, it is to strictly abide by the relevant laws and regulations for determination, on the other hand, law enforcement officers have certain discretion within the legal scope.
And if the relevant personnel believe that they are in a situation of impunity for minor violations, and there are objections to the punishment decision made by law enforcement officers, they can apply for reconsideration or file an administrative lawsuit.
Speaking of the significance of optimizing law enforcement methods, Shen Kaiju said that this is a concrete manifestation of the comprehensive and accurate implementation of the provisions of the Administrative Penalty Law, which can restrain the law enforcement actions of administrative agencies, better protect the legitimate rights and interests of citizens, legal persons and other organizations, and is conducive to safeguarding Normal administrative management order, etc.
As for how to better optimize law enforcement methods, Xiong Wenzhao believes that “optimizing law enforcement methods must fundamentally change the baton of assessment.” For example, the standards for assessing law enforcement personnel pay more attention to the quality and effectiveness of their services, and strengthen supervision and accountability. Supervise law enforcement personnel to take the initiative to change their law enforcement concepts, improve law enforcement capabilities, and optimize law enforcement methods.
Source cleanup and fines
The "Opinions" clearly requires the organization to clean up unreasonable fines.
The relevant person in charge of the Ministry of Transport stated that the regulations on clearing up unreasonable fines are an important deployment arrangement made by the State Council.
The person in charge said that at present, the Ministry of Transport is organizing a clean-up of laws, administrative regulations, departmental rules and normative documents involving administrative penalties in the field of transportation, so as to fully demonstrate the rationality of fines and adhere to safety. The bottom line of supervision is the principle, comprehensively considering the harmful consequences of illegal acts, the ability of the parties, the hidden dangers of safety risks and other factors, and proposed amendments to relevant penalties to eliminate and treat the problem of arbitrary fines from the source.
At the same time, it is also necessary to organize regular evaluations of penal regulations, and for penalties that are found to be obviously excessive, improper, lack of targeted practicability, and not adapted to the needs of economic and social development, etc., in a timely manner in accordance with legislative authority or suggest that the competent authority amend, Repealed.
According to the provisions of the Administrative Penalty Law, local regulations can set administrative penalties other than restricting personal freedom and revoking business licenses.
Shen Kaiju emphasized that it should be noted that the provisions of local regulations cannot conflict with the provisions of higher-level laws, such as fines that exceed the provisions of higher-level laws; some necessary procedures, such as public hearings in some cases, cannot be cut for convenience without authorization; Some internal regulations cannot be imposed, such as the implementation of the "monthly ticket system", no penalty will be imposed on the amount of money paid within a certain period of time; local protectionism cannot be implemented, such as penalties for foreign vehicles, etc. These are unreasonable fines regulations, and some do not even It is legal and needs to be revised or repealed in accordance with the law.
The "Prohibition on Traffic and Transportation Administrative Enforcement" stipulates that law enforcement for profit is strictly prohibited, the separation of fines and payments is strictly enforced, the issuance or disguised issuance of fines and confiscated targets is prohibited, and arbitrary fines, charges, and apportionment are prohibited.
In addition, the "Opinions" clearly propose to strengthen internal supervision in terms of strict law enforcement supervision and disciplinary accountability.
In accordance with relevant regulations, transfer to relevant departments for serious investigation and accountability in accordance with relevant regulations for suspected illegal fines, illegal law enforcement, power for personal gain, negligence of duty, and power-for-money transactions.
Xiong Wenzhao emphasized that relevant law enforcement personnel should carefully study the provisions of the Administrative Punishment Law and strictly follow the procedures of administrative punishment to enforce the law. Once unlawful fines and illegal enforcement are discovered, they should be supervised and held accountable, so as to promote strict, standardized, fair and civilized law enforcement.
To avoid benefiting law enforcement, in addition to the education, training, supervision, and accountability of law enforcement personnel, we must start from the root.
Shen Kaiju believes that on the one hand, we must resolutely put an end to any form of administrative fines and financial return and other profit-seeking law enforcement phenomena; on the other hand, we must provide law enforcement personnel with full financial protection, especially for grassroots front-line law enforcement personnel.
Transportation has cross-regional characteristics, and regulations in different places may vary greatly.
Xiong Wenzhao said that the implementation of the spirit and standards of the "Opinions" is of great significance to improving the ability and level of transportation governance. However, the implementation of the "Opinions" requires solid promotion by the transportation department and can work with relevant departments. And relevant places, actively form a coordination and long-term mechanism.Keywords: