How to make administrative law enforcement more standardized? The relevant person in charge of the Ministry of Justice answers

　　How to make administrative law enforcement more standardized?

The relevant person in charge of the Ministry of Justice answers

　　Xinhua News Agency, Beijing, December 9 -

　　Xinhua News Agency reporter Bai Yang

　　A few days ago, the State Council issued the "Notice on Further Implementation of the "Administrative Punishment Law of the People's Republic of China", requiring all regions and departments to fully understand the significance of the implementation of the newly revised Administrative Punishment Law and do a solid job of implementation.

　　How to make administrative law enforcement more standardized and let the masses have a sense of the rule of law?

In an interview with reporters, the relevant person in charge of the Ministry of Justice stated that agencies at all levels must not impose administrative penalties in violation of the law, and must resolutely eliminate profit-seeking law enforcement, and resolutely avoid law enforcement chaos such as sports law enforcement.

Administrative penalties shall not be overweight

　　In real life, some administrative agencies adopt surprise law enforcement, adding more weight to the upper levels of penalties.

　　The notice makes clear requirements for regulating the setting of administrative penalties in accordance with the law. If it is not set in disguise in the name of other administrative measures, it is not allowed to increase or decrease the types of administrative penalties that violate the order of administrative management, and adjust the upper and lower limits of fines outside the legal range. Etc. ways to increase the size or "legislation release" and so on.

　　The relevant person in charge of the Ministry of Justice stated that departmental rules must be stipulated within the scope of the acts, types and ranges of administrative penalties stipulated by laws and administrative regulations; if laws and administrative regulations have not yet been formulated, the administrative management urgently needs to be established by departmental rules first. In case of fines, the maximum shall not exceed 100,000 yuan, and shall not exceed the amount of fines imposed by laws and administrative regulations for similar violations, and the maximum amount shall not exceed 200,000 yuan if it involves citizens’ lives, health and safety, financial safety, and has harmful consequences; if the above-mentioned limit is exceeded , To be reported to the State Council for approval.

　　In addition, regular evaluations and legitimacy reviews will be strengthened, and administrative penalties that do not meet the requirements of higher-level laws, do not meet the needs of economic and social development, are obviously excessive and improper, lack specificity and practicality, etc., shall be revised and abolished in accordance with the law in a timely manner.

Resolutely rectify unreasonable fines

　　How to rectify the phenomenon of unreasonable fines?

The notice clarified that a series of combined measures will be adopted to standardize the setting of administrative penalties, standardize the discretionary power of administrative penalties, improve appraisal and assessment, and law enforcement supervision.

　　The relevant person in charge of the Ministry of Justice stated that administrative agencies are strictly prohibited from issuing penalties and confiscation targets; financial departments must strengthen the supervision of the implementation of systems such as separation of penalties and payments and separation of revenue and expenditure.

Administrative penalties such as ordering to suspend production and business, and ordering to close down shall not be imposed "one size fits all" without the fact that the illegal facts have been ascertained.

It is necessary to improve the evaluation, evaluation, and statistical analysis system, and indicators such as the number of penalties and the amount of penalties and confiscations must not be used as the main evaluation basis.

　　In response to the abuse of “electronic eyes” in some places and “secret law enforcement”, the relevant person in charge of the Ministry of Justice said that administrative agencies must ensure that electronic monitoring equipment is installed to ensure compliance with standards, reasonable installation, and obvious signs.

Administrative penalties imposed on the parties due to the abnormal operation of the equipment must comply with the law. It is strictly forbidden to hand over the electronic monitoring equipment to the market entities and directly or indirectly collect fines by the market entities.

It is necessary to comprehensively analyze and judge the causes of high-frequency violations in the same area, and promote source governance.

Further standardize the implementation of administrative penalties

　　The notice also detailed the procedures for administrative punishment.

　　The relevant person in charge of the Ministry of Justice stated that it is necessary to further improve the regulations on regional jurisdiction and functional jurisdiction, establish a sound case filing system, and improve case filing standards.

It is necessary to establish and improve the administrative penalty hearing procedure rules, and refine the scope and process of the hearing.

It is necessary to gradually increase the utilization rate of the delivery address confirmation, refine the electronic delivery workflow, vigorously promote the payment of fines through the electronic payment system, and strengthen information security and technical support.

Comprehensively implement the administrative discretionary benchmark system to prevent abnormalities.

　　Regarding the establishment of the legal liability linkage mechanism, all regions and departments shall refine the system for ordering the refund of illegal income, and protect the legitimate rights and interests of interested parties in accordance with the law; if the parties take the initiative to refund compensation to eliminate or reduce the harmful consequences of the illegal act, they shall be treated lightly or lightly in accordance with the law. Mitigating administrative penalties.

It is necessary to strengthen the coordination and cooperation between administrative agencies and judicial agencies, and smooth the channels for case transfer in accordance with regulations.