China News Service, Beijing, February 28 (Xie Yanbing) The State Council of China recently issued the "Guiding Opinions on Further Regulating and Supervising the Setting and Implementation of Fines" (hereinafter referred to as the "Opinions"), which for the first time clarifies the setting and implementation of fines in administrative regulations and rules. Implement comprehensive system specifications.
He Yong, director of the Administrative Law Enforcement Coordination and Supervision Bureau of the Ministry of Justice, said at a regular policy briefing held by the State Council Information Office on the 28th that the "Opinions" have made special provisions on how to regulate off-site law enforcement, especially the installation and use of electronic technology monitoring equipment. System arrangements strictly prohibit the arbitrary installation of monitoring equipment in order to increase fine revenue without actually monitoring the needs.
Regarding how to regulate off-site law enforcement, He Yong said that the "Opinions" clean up and standardize the "stock" and supervise and report the "increment".
The "Opinions" point out that relevant departments of local people's governments at or above the county level and township people's governments (subdistrict offices) must complete the cleanup and standardization of law enforcement electronic technology monitoring equipment by the end of December 2024, and promptly stop the use of illegal and non-compliant , unnecessary monitoring equipment, the clean-up results shall be reported to the people's government at the same level and the people's government at the higher level respectively; before the end of each year, the relevant departments of the local people's governments at or above the county level and the township people's governments (sub-district offices) must report to the people's government at the same level and the higher level respectively. The people's government reports on new surveillance equipment, and the judicial administrative department strengthens law enforcement supervision.
He Yong said that the "Opinions" strictly control three "checks", namely, legal review "checks", technical review "checks" and law enforcement supervision "checks".
The "Opinions" pointed out that the use of monitoring equipment to collect and fix illegal facts should be subject to legal and technical review, and the installation location, spacing and quantity of monitoring equipment should be determined according to regulatory needs. The installation location must be clearly visible and must be clearly marked before being put into use. Announce to the public in a timely manner, and it is strictly prohibited to set up arbitrary fines without actual supervision needs to increase fine revenue.
The "Opinions" also stated that it is necessary to ensure accurate measurement, and any equipment that has not been verified according to law, has not been verified after the expiration date, or has failed to pass the verification shall not be used.
It is necessary to make full use of big data analysis and judgment, carry out key supervision of monitoring equipment with abnormally high collection of illegal facts and excessive fines, and immediately deactivate monitoring equipment that is installed in violation of laws and regulations or abused, and review, evaluate and rectify within a time limit.
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