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Xinhua News Agency, Beijing, August 18th: Important measures to improve the quality of administrative law enforcement -the relevant person in charge of the Ministry of Justice interpret the General Office of the State Council's "Opinions on Further Regulating the Founding and Management of Administrative Tailors"

Xinhua News Agency reporter Bai Yang

Recently, the General Office of the State Council issued the "Opinions on Further Regulating the Formation and Management of Administrative Tailors' Power Foundation and Management". This is the first time that my country has made comprehensive and systematic rules for the establishment and improvement of administrative tailoring standards from the national level.

What are the requirements for the formulation and management of administrative tailoring rights? How to solve law enforcement issues such as excessive punishment? In response to hot issues in the opinions, the relevant person in charge of the Ministry of Justice made an interpretation.

What are the requirements for formulating and management?

Administrative tailoring rights are the specific standards and standards for administrative organs to carry out administrative law enforcement work. The opinions are clear that the formulation and management of administrative tailoring rights must follow the principles of adhering to the unity of legal system, fair, fair, reasonable, and efficient convenience.

The relevant person in charge of the Ministry of Justice stated that the formulation of administrative tailoring rights is based on the law, which is based on the laws, regulations, and rules of administrative law enforcement matters, conditions, procedures, types, and amplitude. It is necessary to strictly follow the legal procedures, listen to the opinions of citizens, legal persons, and other organizations, and protect the right to know and participate in administrative counterparts and interested parties in accordance with the law. It is necessary to comprehensively consider the types of administrative powers, as well as factors such as the facts, nature, plot, legal requirements, and economic and social development of the region in the region. It should be necessary, appropriate, and in line with social order, good customs and reasonable expectations.

"It is necessary to effectively improve administrative effectiveness, avoid abuse of administrative tailoring, prevent law enforcement from disturbing the people and the simple and rude 'one -size -fits -all', and provide convenience to the market subject and the people to the greatest extent." The relevant person in charge of the Ministry of Justice said.

How to avoid too much benchmark?

In accordance with the provisions of the Administrative Penalty Law, the administrative organs can formulate the benchmark for administrative penalties in accordance with the law. In practice, how to avoid excessive chaos of administrative tailoring?

Opinions have clearly clarified the authority of the State Council and local people's governments and their departments in formulating the right to formulate administrative tailoring rights, and request each formula to strictly perform their duties in strict implementation of administrative tailoring rights. No laws, regulations, and rules and regulations shall not increase the obligations of administrative counterparts or reduce the right of administrative counterparts.

For the same administrative law enforcement matters, if the higher -level administrative organs have formulated the right to regulate the right to administrative tailoring, the lower -level administrative organs should be directly applied in principle; if the next administrative organs cannot be applied directly, they can combine the economic and social development status of the region, and The scope of administrative tailoring is reasonably refined and quantified, but it cannot exceed the order or amplitude of the higher -level administrative agencies.

The relevant person in charge of the Ministry of Justice stated that all regions and departments should strengthen the supervision and inspection of the implementation of the administrative tailoring rights base standard system, establish a dynamic dynamic adjustment mechanism for administrative tailoring rights, and embed the administrative law enforcement information system. At the same time, if the filing and review mechanism is established, and the law of administrative tailoring is found to be conflicted with laws, regulations, and rules, the filing and review agency shall correct them according to law.

How to solve law enforcement issues such as punishment and management?

The masses have strong reports such as penalties such as penalties, law enforcement, and excessive punishment. The relevant person in charge of the Ministry of Justice stated that in order to effectively prevent and avoid these problems, the opinions made special regulations to promote appropriate administrative penalties.

The opinions stipulate that the administrative organs shall refine the standards of administrative penalties for the fact that the facts, nature, plots, and social harm should be refined according to the facts, nature, plots, and social harm of illegal acts to prevent over -punishment from adapting, heavy blame, and light punishment. We must persist in the penalty, and the width and strictness, and avoid the lightness and the fault and fault.

In response to the issues of interest -oriented law enforcement, opinions and requirements, reasonably refine the specific circumstances and quantitative fines in accordance with the law, resolutely avoid criminal fines, strictly prohibit the creation of fines by fines, and strictly prohibit the ranking of fines or as indicators for performance assessment.

"It is necessary to adhere to the combination of punishment and education, and give play to the role of administrative punishment education to guide citizens, legal persons, and other organizations to consciously abide by the law. If the illegal act of the parties shall not be punished by the law, the administrative organs shall strengthen the criticism and education of the parties to prevent illegal acts from illegal acts. It happened again. "The relevant person in charge of the Ministry of Justice said.

How to implement the opinions?

The relevant person in charge of the Ministry of Justice stated that in order to urge all regions and departments to do a good job in the formulation and management of administrative tailoring rights, the next step will focus on promoting the organization implementation and publicity and training of the opinions to promote the further improvement of the administrative tailoring system.

Judicial administrative departments at all levels should strengthen business training for the formulation and management of administrative tailoring rights, and administrative law enforcement agencies at all levels should strengthen training in administrative law enforcement officers, and improve the ability of administrative law enforcement officers to solve the ability to solve law enforcement issues.

All regions and departments shall incorporate the formulation and management of administrative tailoring rights into the index system of the government construction evaluation of the rule of law, and be included in the contents of the construction inspection of the government of rule of law, strengthen overall coordination, clarify the division of labor, and implement the responsibility of work.

"If the standard of administrative tailoring has been formulated, it is necessary to dynamically clean up in accordance with the requirements of the opinions. The modification of the modification and the abolition of the abolition; if the administrative tailoring rights are not allowed, the relevant person in charge of the Ministry of Justice should be carefully studied and demonstrated according to the needs of the work."

【Edit: Li Yan】

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