Sichuan in -depth implementation of "first violations": innovative flexible law enforcement model, release the dividend of benefit enterprises in accordance with the law

Lei Yi'an Chuanguan News reporter Liu Jia

The main body of the market is the "Qingshan" of economic development.

The Provincial Party Committee's Working Conference clearly proposed that the difficulty of relieving the difficulties is the focus, and the market entities are stabilized with multiple measures, helping enterprises to stabilize the production, expand the market, and stimulate the vitality of the market entity.

The newly revised "Administrative Penalty Law of the People's Republic of China" was officially implemented on July 15 last year, and the "first violation and no penalty" regulations have been added, that is, if the first violation of the law and the consequences of the harm is slight and corrected in time, they may not be punished by administrative penalties. On November 11 last year, the Sichuan Provincial Market Supervision Bureau issued the "Application Rules for the" First Violation "List (Trial)" (hereinafter referred to as the "Rules") at the provincial level. The system, the implementation of "temperature law enforcement" helps enterprises to relieve the rescue, and protect market entities on survival and development due to "small mistakes". Since this year, this work has been strengthened. The reporter learned from the Sichuan Provincial Market Supervision and Administration Bureau on July 25 that as of the end of June this year, the number of cases of "first violations" in the province's market supervision departments reached 1058, exempting about 42 million yuan.

"The first violation will not be punished"

The opportunity to correct self -correction for the market body

Earlier this year, the Chengdu Wuhou District Market Supervision and Administration Bureau received a reporting form from the Sichuan Market Supervision Complaint Reporting Platform. The clues about the parties' advertising patented products on their own websites but did not indicate the patent number and patent category. After investigation, the party's own website "Super Permanent Magnetic Inverter two -stage compressed air compressor" has the following advertising content: "main features" are "new generation of asymmetric patent line type". The parties have a real and effective patent, but the webpage has not been marked with patent types and patent numbers. The number of clicks on the above page is 19. The behavior is suspected of violating Article 12 of the "Advertising Law of the People's Republic of China", paragraph 1 of "Patent products or patent methods involving patent products or patents in the advertisement", shall be indicated by the types of patent numbers and patent types. Article 59 Penalty.

"Due to the low web page views of the parties and products that have not been sold in actual sales, the social harm is slightly harmful and actively rectified, and it is the first violation of laws and regulations in the field of market supervision within 3 years. Zhan Peihuan, a law enforcement officer at the Jianglu Market Supervision Office, told reporters.

"Thank you for the new rules of the" first violation "for giving correction. In the future, we must learn more about legal knowledge and do not do illegal things." Mr. Li, the company's executive manager, said.

Zhan Peiyu said: "When making the" first violation without penalty "decision, he will follow the laws and regulations and tailoring standards, and determine the parties as the" first illegal "through collective discussions and collective research and judgment. You can not be punished. "At present, the market entity is facing the pressure of the epidemic, but Zhan Peizhen further explained that" '' epidemic situation 'will be considered as a consideration factor, but it will not become the decision and main factors of' first violation and non -penalty. "

It is understood that in the first half of this year, among the 15 policies and measures to help enterprises and enterprises issued by the Chengdu Market Supervision Bureau, they clearly implement the "five lists" of tolerance and prudent supervision, increase flexible law enforcement, The list of first violations and the list of matters not to be given by administrative compulsory measures. In the past year in the New Administrative Penalty Law, the market supervision departments at all levels in Chengdu have not been paid 166 cases of non -administrative penalties shall be handled in accordance with laws and regulations such as administrative penalties and relevant regulations.

In addition to Chengdu, other cities and prefectures also actively carry out law enforcement practice of "first violations". For example, a decorative engineering Co., Ltd. seized by the Market Supervision Bureau of the Water County Market Supervision Bureau of Guang'an City is suspected of being unprecedented in sales. In view of the first time the parties violate the laws and regulations of the market supervision field within three years, they have promptly corrected illegal acts and did not cause the consumer's personal life Damage and property loss were decided not to punish the parties.

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It is understood that in the past, market entities violated relevant laws and regulations in the market supervision field. The market supervision department will strictly impose administrative penalties in accordance with the law, and publicize the administrative punishment information through the national enterprise credit information publicity system as required. Bank financing, project bidding, etc. After the implementation of the "first violation", it also gave some market entities a chance to correct themselves.

"The applicable rules for the introduction of the" first violation "list are an exploration and innovation in the field of market supervision. The purpose is to implement the concept of tolerance and prudent supervision and make administrative law enforcement more warm." reporter.

The "Rules" carried out a closed -loop design of the "first violation". In the entity, the three first violations of the "first illegal", "the harmful consequences of the illegal", "the harmful consequences of the law", and "the parties' timely correction" are clearly clear. Acts in violation of market supervision laws, regulations, regulations and regulations. In terms of procedure, the two ways to make two first violations are clarified. First, the facts and reasons for the application of "first offenders" are stated in the approved approval form during the filing verification. If the decision is decided, the production will not be punished. Since last year, the province's market supervision system has explored and implemented with unique and cautious and flexible law enforcement methods on the basis of practice, encouraging the parties to actively correct errors and actively eliminate or reduce social harm. The Suining Market Supervision Bureau issued the "Opinions on Implementing the Implementation of Funding and Punishment System in the field of market supervision (Trial)", which combines the law of studying law with penalties for the first time; the Nanchong Market Supervision Bureau issued the " Regarding the guidance of promoting tolerance and prudent supervision and supporting the healthy development of the market subject, ", etc., strongly and orderly promote the" first violation and non -penalty "system to take root in the practice of market supervision and law enforcement. Promoting the "first violation" system is one of the work priorities of market supervision departments in the province in the second half of the year. Xue Si said that the recent "Top Ten Top Ten Ten Ten Ten Ten Top Cases" of the "Sichuan Provincial Market Supervision System" "First Violations", giving full play to the role of typical case demonstrations and leadership. "Measures to apply the rules", improve the system design and broaden the scope of application of "first violations".

【Comment】

Xu Jimin (Director and Professor of the Constitution and Administrative Law and Research Office of the School of Law School of Sichuan University):

The newly revised administrative penalty law last year, "If the initial violations of the law and the harmful consequences and corrections in time, may not be punished", for the first time from the legal level, "the first violation will not be punished" Essence At the provincial level, the Sichuan Provincial Market Supervision Bureau launched a "first violation and no penalty" system, and issued the "Sichuan Provincial Market Supervision Field" "First Violation of Fund" List (Trial) ", which detailed the content of non -punishment and standardized. Free tailoring has solved the dilemma of "grasping, inconsistent grasping, and different standards" of the free discretion of grass -roots administrative law enforcement, which is of great practical significance for regulating the province's administrative law enforcement actions.

More importantly, this measure has a greater promotion effect on optimizing the business environment of Sichuan. The "first violation" advocates the distinctive administrative law enforcement concept of market supervision "lenient and strict, combined with regulations", and effectively provides institutional support for correction production and operation behavior in the process of correction of market players. Through education and guidance, it does not affect the production and life of market entities, creating a tolerant environment for the healthy development of market players, demonstrating the temperature of law enforcement, and also conducive to stimulating the vitality of market entities.

It should be reminded that the implementation of the "first violation" must adhere to the four major security bottom lines, otherwise it will not be able to achieve the purpose of punishment of the law.

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