Cancel and adjust a batch of fines, further regulate administrative tailoring ...

Policy Q & A

Recently, the State Council held a executive meeting to study and promote the reform of the "decentralization of service" reform and optimizing the business environment. On July 29th, the State Council's Journalism Office held a routine hair dryer meeting of the State Council to introduce the work of further regulating administrative tailoring, canceling and adjusting a batch of fines. At the meeting, the Ministry of Justice, together with relevant departments, drafted the "Decision on Canceling and Adjusting a Batch of fines" and "Opinions on Further Regulating the Formation and Management of Administrative Tailoring Power". On July 21, the Executive Meeting of the State Council reviewed and approved these two documents. Look at it together-

"Decision on Cancel and Adjusting a Batch of fines"

Q1

Executive Meeting of the State Council decided to cancel 29 fines. What are the characteristics of these fines involved? Will it continue to reduce fines in the future?

A: There are two main characteristics involved in these 29 fines that have been canceled: first, it is relatively low in violation of procedural management regulations and relatively low degree of social harm; second, can achieve supervision effects through other methods such as informatization inspection.

In the next step, the State Council will issue a decision to cancel and adjust a batch of fines, announce the cancellation and adjustment of fines to the society, and make clear requirements for the amendments and abolition of the administrative regulations and departmental regulations involved. At the same time, after the cancellation of the fines, the relevant departments are required to innovate and improve the supervision methods, and strictly implement the supervision responsibilities.

The fines for this cleaning are only the first batch. Next, the Ministry of Justice will continue to clean up the fines in other fields with other departments. At present, the relevant work has been carried out simultaneously. In conjunction with the relevant departments of the State Council, in accordance with the spirit of the Executive Meeting of the State Council, adhere to the law enforcement as the people, the blade is inward, courageous, corresponding to the fines of cleaning, timely cancel and adjust, protect the legitimate rights and interests of the people and market entities, continue to create the rule of law from the rule of law Chemical business environment.

Q2

What are the criteria for cleaning unreasonable fines?

A: In summary, it is "all three":

The first "all" is the cancellation of all the fines that violate the legal authority and procedures. Regarding setting authority, administrative regulations and departmental regulations can punish the fines of which actions, and the types, amplitude and scope of fines, and the "State Council's notice of further implementation of the" People's Republic of China Administrative Penalty Law> notice of the State Council " 》 Also requires that it is not allowed to increase or "legislative water release" by increasing or decreased behaviors that violate the order of administrative management, adjusting the upper and lower limit of fines in addition to the statutory range. Regarding the setting procedures, the legislative law has clearly stipulated the formulation and amendments of administrative regulations and departmental regulations. The setting of fines must be set within legal authority and in accordance with legal procedures. If it is not set in accordance with legal permissions and procedures, it will be canceled.

The second "all" is that any fines are not suitable for economic and social development, the spirit of the reform of the "decentralization service", is not conducive to optimizing the business environment, or if there is a fair or improper penalty, it will be canceled or adjusted. For example, the product that the “trial product” that is not indicated by the trial production of enterprises, that is, the sales of sales, is no longer in line with the requirements of economic and social development. The “trial product” can be uniformly supervised according to ordinary products and canceled the corresponding fines, which is conducive to reducing the enterprise to alleviate the enterprise burden.

The third "always" is that any fines can be regulated or managed in other ways. For example, before carrying a road transportation permit with the car, if it is not brought, it is warned or fined, but now the relevant departments can inquire the document information through informatization. It is no longer necessary to carry it with the car. Essence

At the same time, in the fine cleaning work, we also insist on safeguarding public interests and administrative order. While resolutely put an end to the fines, we do not simply clean up to clean up. No, no cleaning.

Q3

After canceling the fines, what measures are there to ensure the health and safety of consumers' lives?

A: First, the relevant provisions of the current laws and regulations and rules are strictly implemented. If the upper law has been adjusted, inconsistent with the provisions of the Supreme Law, or other laws and regulations, it is strictly implemented in accordance with relevant regulations to avoid repeated fines. For other measures to replace fines, in the next step of administrative regulations and rules, it will improve the relevant management system or replacement supervision measures as soon as possible, and strictly implement it so that the supervision is not offside but it will never be lacking.

The second is to improve supervision capabilities and enrich regulatory methods. The General Administration of Market Supervision proposes to continuously deepen, systematically promote the supervision of the rule of law, credit supervision and smart supervision, and promote the support of the three to support each other, cooperate with each other, and cooperate with each other. Strengthen the construction of market supervision informatization, accelerate the establishment of a comprehensive, multi -level, and three -dimensional regulatory system, and improve the comprehensive market supervision capabilities that are compatible with the large -scale market.

The third is to focus on co -control and form a joint force. Further strengthen the coordination and cooperation of the administrative law enforcement of "up and down", "left and right", we will do a good job of guiding the internal law enforcement of market supervision departments and do a good job of connection with other relevant departments. Give full play to the coordination of professional departments, comprehensive departments, industry supervision and market supervision, form a joint supervision, make good use of the "toolbox", and make "combined fist".

The fourth is to strengthen supervision of key areas and ensure safety. For the key areas of public safety and public health involving product quality and safety, food safety, special equipment safety, etc., we will deepen the bottom line thinking and safety awareness, strengthen safety supervision, compact security responsibilities, and weave a security network. We are actively exploring the long -term working mechanism of the ending force and the effect of the terminal, and completely open up the "last mile" of market supervision work, so that the people can buy it with confidence, eat at ease, and use it comfortably. "Opinions on Further Regulating the Founding and Management of Administrative Tailors" "

Q4

In response to the problems existing in the formulation and management of administrative tailoring rights, what solutions are proposed in the "Opinions"?

A: First, in terms of formulating responsibilities and authority. The relevant departments of the State Council, the provincial people's governments and its departments, the government and its departments of the cities, and the county -level governments and its departments formulate the responsibilities and authority of the administrative tailoring rights. However, at the same time, it is also clearly stipulated that the administrative organs can formulate administrative tailor rights according to the needs of the work, and shall not be repeatedly formulated.

The second is to accurately specify the content of tailoring. Clarifying the right of administrative penalties should include illegal acts, legal basis, tailoring order, applicable conditions and specific standards. Refine the quantitative administrative license procedures, to optimize and simplify the internal work process, and reasonably reduce the time limit for administrative licenses. The laws and regulations may be implemented by the entrustment of the collection and recruitment, and the specific matters, conditions, permissions, procedures and responsibilities of the commission must be clearly commissioned. The administrative collection and collection of administrative collection within the scope of statutory duties shall be implemented to other units or individuals through the method of purchasing services.

The third is to formulate procedures in strict administrative tailoring. Clarify the formulation of administrative tailoring rights according to the needs of management, scientifically analyzes the factors that affect administrative law enforcement behaviors, and fully consider the implementation effect of administrative tailoring rights. In the form of rules and regulations to formulate administrative tailor rights, to fulfill the procedures stipulated in the Regulations of the Regulations; and to formulate administrative tailoring rights in the form of administrative standardized documents, the "General Office of the General Office of the State Council on Strengthening the formulation and supervision of administrative standardized documents should be enhanced. The procedure stipulated in the notice of management work.

Fourth, in strengthening the management of administrative tailoring rights. After the formulation of administrative tailoring rights, the procedures and time limit reports determined by the regulations and administrative standardized documents shall be submitted after the formulation of the regulations and administrative standardized documents. The record and reviewing authority finds that the administrative tailor rights are conflicted with laws, regulations, and rules. It is necessary to embed the administrative tailor -scale standard content into the administrative law enforcement information system, provide accurate guidelines for administrative law enforcement officers, and effectively regulate the administrative decrees.

Fifth, in terms of strengthening implementation guarantee. It is required that all departments and departments should increase their publicity to enable the majority of citizens, legal persons and other organizations to fully understand the importance of establishing and improving the standard of administrative tailoring rights, and actively participate in supervision and evaluation of administrative law enforcement activities. At the same time, it is clearly incorporated into the formulation and management of administrative tailoring.

Q5

How to ensure that administrative tailoring bases are accurate and fully enforced and given full role?

A: First, the application of administrative tailoring rights in administrative law enforcement decisions is clear. Before the administrative organs make a decision on administrative law enforcement, they must inform the basis, content, facts, and reasons of administrative counterparts on administrative law enforcement behaviors. If there is a standard for administrative law enforcement, the application of administrative law enforcement decisions shall be given to the application of administrative tailoring. clear.

The second is to adjust the application of administrative tailoring rights. If the objective situation of the administrative tailoring rights formulated by the administrative agency may change, the objective situation of the applied objective situation of obvious improper, faulty or missing or administrative tailoring rights may occur, and the application can be adjusted after approval or collective discussion of the administrative organs. Materials or collective discussion records should be preserved as part of the law enforcement papers. If the administrative tailoring rights formulated by the superior administrative organs may change the objective situation of obvious improper improper, failed or failed or the right to administrative tailor rights, it may be adjusted after reporting to the approved by the benchmarking authority. For adjustment of the applied administrative tailoring rights, formulate institutions to modify it in time.

The third is that if the application of administrative tailoring rights is not standardized, it is necessary to strictly investigate the responsibility of relevant personnel in accordance with regulations and discipline and law.

Q6

What administrative law enforcement behaviors are mainly regulated by the "Opinions"?

A: The first is to promote the appropriate tailoring of administrative penalties. For the same illegal act, laws, regulations, and rules can choose the types and extent of punishment, or laws, regulations, and rules. According to the facts, nature, plot, and social harm of illegal acts, refine the right to quantitative administrative penalties for the right to quantify the right to prevent the punishment from adapting, heavy blame, and light penalties.

The second is to promote the convenience and efficiency of administrative licenses. Laws, regulations, and regulations on the conditions, procedures, procedures, processing time limit, non -acceptance, and changes, withdrawal, cancellation, and cancellation of administrative licenses are only principled, or the application materials for administrative licenses are not clearly stipulated, and the relevant administrative agencies will be Related content can be refined and quantified, but the license conditions and links must not be added. The proof materials must not be increased. The unfair terms such as discrimination and regional restrictions must not be set or disguised to prevent industry monopoly, local protection, and market division.

The third is to promote fairness and reasonable administrative collection. To formulate the principles of levy, fairness and disclosure, respect for administrative relative people's property rights, etc., and focus on the standards, procedures, and permissions of administrative levy, and the scope of levy property and items should be refined to refine the standards, procedures, and permissions of administrative levy, and focus on administrative levy. Quantity, quantity, period, compensation standards, etc. For administrative acquisition projects that exist, stop, harvest, slow, and exempt from situations, the specific circumstances, approval authority and procedures must be clarified. The fourth is to regulate administrative confirmation, administrative payment, administrative mandatory and administrative inspection behavior. Laws, regulations, and rules are only principled and scope of administrative inspection of administrative confirmation, administrative payment, administrative compulsory conditions, and the scope of administrative inspection. If there is a certain amount of administrative payment amount, the relevant administrative organs can refine the relevant content in accordance with the legal authority and procedures.

Q7

Does the compressed tailoring space lead to the decline in administrative efficiency and reduce the enthusiasm of the work of the relevant departments?

A: After compressing tailoring space, it will not lead to a decline in administrative efficiency, and will not reduce the enthusiasm of the work of the relevant departments. Strengthening the formulation and management of administrative tailoring rights, on the one hand, can standardize the exercise of administrative tailoring and ensure the effective implementation of laws, regulations and regulations; on the other hand, it also provides specific law enforcement basis for administrative organs and law enforcement personnel to avoid administrative relative relative relatives Human question.

Source: China Government Network

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