China News Service, Beijing, March 29 (Guoxuan) Some local administrative law enforcement bureaus enforce the law at will and fine merchants, which has attracted public attention. How to prevent law enforcement from turning into "penalty enforcement" and safeguard the rights and interests of small and micro operators? At the regular briefing on State Council policies held by the State Council Information Office on the 29th, Liang Shanghua, head of the Rule of Law Research Bureau of the Ministry of Justice, said that fine decisions must fully consider the personal feelings of the public, ensure that fine decisions are in line with legal principles, and take into account relevant reasoning and reasoning.
On March 29, the State Council Information Office held a regular briefing on State Council policies. The picture shows Liang Shanghua, head of the Rule of Law Research Bureau of the Ministry of Justice. Photo by Liu Jian
Administrative law enforcement work is extensive and involves the vital interests of the people. Liang Shanghua said that the Ministry of Justice studied, drafted and submitted to the State Council to issue a number of documents, using a series of "practical" measures to standardize administrative law enforcement and promote the solution of problems such as arbitrary law enforcement.
For example, in 2022, the General Office of the State Council issued the "Opinions on Further Standardizing the Development and Management of Administrative Discretionary Benchmarks" to promote appropriate discretion in administrative penalties and require that for the same illegal act, the type and extent of punishment can be selected according to laws, regulations, and rules. , or if laws, regulations, and rules only stipulate in principle the conditions for not granting, exempting, mitigating, mitigating, or severe punishment, the discretionary power to quantify administrative penalties must be refined and quantified based on the facts, nature, circumstances, and degree of social harm of the illegal act. standards to prevent inappropriate punishments, heavy responsibilities and light punishments, and light responsibilities and heavy penalties.
For another example, in 2023, the General Office of the State Council issued the "Three-Year Action Plan for Improving the Quality of Administrative Law Enforcement (2023-2025)", focusing on campaign-style law enforcement, "one size fits all" law enforcement, simple and crude law enforcement, and brutal law enforcement that have received strong feedback from the people. The problem of inaction and indiscriminate action requires all regions and departments to sort out a list of outstanding problems in law enforcement in this field of administrative law enforcement, carry out special rectification and supervision actions, and vigorously rectify outstanding problems in administrative law enforcement.
In February this year, the State Council issued the "Guiding Opinions on Further Regulating and Supervising the Setting and Implementation of Fines" to standardize the setting and implementation of fines in administrative regulations and rules. It is required to scientifically set fines in accordance with the law, implement the principle of proportionate punishment when new fines are established in administrative regulations and rules, and advocate detailed regulations on situations such as non-penalty and lighter, mitigated or severe penalties stipulated in the Administrative Penalty Law; it is required to strictly regulate fines Implementation requires strict and standardized law enforcement, fair and civilized law enforcement, and fine decisions must fully consider the personal feelings of the public, ensure that fine decisions comply with legal principles, and take into account relevant matters and reasoning; it is required to comprehensively strengthen fine supervision, carry out in-depth source governance, and give full play to the combined force of supervision , broaden supervision channels and enhance supervision effectiveness. (over)