Discretion refers to:
Discretion means that when punishing a violator, the enterprise should be punished appropriately in accordance with the relevant regulations and in light of the specific situation of the enterprise. In order to regulate the discretion of administrative punishment, the state.
Discretion means that when punishing a violator, the enterprise should be punished appropriately in accordance with the relevant regulations and in light of the specific situation of the enterprise. In order to control the discretionary power of administrative punishment, the state has formulated the "Implementation Measures for the Discretionary Power of Administrative Punishment (Draft for Solicitation of Comments)" in order to promote a strict and fair judiciary and protect the lawful rights and interests of the people.
Order of Industries. The Detailed Implementation Rules are divided into 4 chapters and 31 articles, covering the strict regulation of law enforcement acts, the refinement of discretionary orders and applicable circumstances, and the regulation of fines and penalties.
Application guidelines and reasonable and detailed quantitative measures proposed by local regulatory authorities.
First of all, from the perspective of strict management, the Measures define the discretionary power of administrative punishment, and define the discretionary power of administrative punishment from the perspectives of statutory punishment, equivalent punishment and procedural law. In addition, the "Measures" also stipulate a number of provisions such as "leniency from the old" and "statutory punishment", so as to make judicial practice more standardized.
Second, with regard to the refinement of sentencing circumstances and the specific application of circumstances, the Measures make clear provisions on commutation, commutation, moderation and aggravation of punishment, taking into account different duties and different duties. In addition, the "Measures" also stipulate nine situations, stipulating that if the same type of crime is committed repeatedly, it can be severely punished in accordance with the law. The purpose of this provision is to ensure that practitioners in the financial industry are able to comply with the relevant laws and regulations and to prevent further violations of the law.
Third, the Measures clearly define the amount of fines imposed by banks and insurance companies. According to the severity of the circumstances and the amount involved, the amount of fines at each level is distinguished. In addition, the Measures also stipulate the determination of illegal income, that is, stipulate the relevant supporting documents, account books, etc., and deduct the amount that has been refunded and reasonable and necessary expenses when calculating.
The Measures stipulate that local regulatory authorities may make appropriate, specific and quantitative provisions on discretion in light of the actual local situation to ensure the accurate use of discretionary power. The Measures also highlight the pursuit of responsibility for violations such as abuse of discretion, favoritism, and dereliction of duty, and highlight the operability of strengthening law enforcement.
In short, in order to implement the Administrative Punishment Law, it is of great significance to strengthen the implementation of the Implementation Measures for the Discretion of Administrative Penalties (Draft for Comments) and ensure the normal operation of the financial market. The Detailed Implementation Rules have made detailed provisions on law enforcement acts, discretionary order and applicable circumstances, applicable conditions for fines and confiscation, and self-restraint, etc., which have certain guiding and regulatory significance for practical work. However, in the specific implementation, it is necessary to refine all kinds of complex situations in order to ensure the fairness and feasibility of the judiciary.