Changan Selected | Shanghai will fully implement mild illegal acts and not be imposed on administrative penalties in accordance with the law

Recently, Shanghai issued the "Guiding Opinions on Comprehensive Implementation of Mild illegal Acts in accordance with the law" (hereinafter referred to as "Guidance Opinions"). On the afternoon of August 16th, at the press conference of the Shanghai Municipal Government, Lu Weidong, director of the Office of the Leading Group for the Construction of the Government of the Government of the Law of Shanghai, introduced the opinion from August 20th. Implement mild illegal acts that are not administrative punishment in accordance with the law, and continue to optimize the business environment of the rule of law.

It is understood that the "Guidance Opinions" formally clearly clarified that the basis of slight violations of the law is the basis for administrative penalties. Legal Risk.

The reporter learned from the conference that according to the "Guidance Opinions", Shanghai will achieve a full coverage of the relevant law enforcement fields in the relevant law enforcement field by the end of 2023, and the list system is basically improved. The "Guidance Opinions" also clarify the responsibility of the municipal administrative organs to formulate this system or the unit's non -punishment list, including sorting out and screening administrative punishment matters, studying and determining specific punishment, etc. Requirements have been implemented and dynamic adjustment.

"The introduction of the" Guidance Opinions "was introduced under the framework of the New Administrative Penalty Law, and brought together to deepen Shanghai's exploration of minor illegal administrative penalties and practices." Lu Weidong said that in 2019, Shanghai launched the country's first provincial minor illegal illegal or not. The list of administrative penalties has a bridge between the legal punishment system and the practice of law enforcement. On the one hand, it will reduce the burden on the enterprise.

In the following three years, Shanghai has launched 14 lists, covering 10 fields including market supervision, transportation, and water affairs. In order to facilitate understanding, the title of "free penalty list" was previously used; after the "Guidance Opinions" was fully implemented, Shanghai will use the "non -administrative penalty" statement in the new administrative penalty law, and the series "free penalty list "The overall upgrade is" no administrative penalty list ". At the same time, the free penalty list that has been issued in the early stage continues to be effective.

It is reported that since Shanghai's exploration of minor violations has not been punished by administrative penalties, it has obtained a good social response. Enterprises in Shanghai generally welcomes administrative penalties for minor violations, especially under the impact of the epidemic, which reduces the burden on small and micro enterprises and helps survival and development.

According to incomplete statistics, by August 14, 2022, Shanghai has applied for a minor violations of more than 5,000 companies to be punished by administrative penalties. 100 million yuan.

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"Guiding Opinions on Comprehensively Implementing Mild illegal Acts in accordance with the law in accordance with the law"

Source: Rule of Law Daily

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