In order to further improve the working mechanism for non-administrative punishment of minor violations in the field of civil affairs, the Provincial Department of Civil Affairs recently issued the "Implementation Measures for Non-administrative Punishment of Minor Violations in the Field of Civil Affairs in Zhejiang Province (Trial)", which will come into force on January 15, 2024.
Matters not to be subject to administrative punishment for minor violations in the field of civil affairs are to be managed in a list, and dynamic adjustments are to be made based on changes in laws, regulations, and rules, as well as the needs of law enforcement practice, and after the newly released list of matters not to be given administrative punishment is implemented, the original list of matters not to be given administrative punishment is to be abolished at the same time. For matters not included in the list, the law enforcement departments in the field of civil affairs shall make a decision on whether to impose an administrative punishment in accordance with law on the basis of the "Administrative Punishment Law of the People's Republic of China" and the specific provisions of civil affairs laws, regulations, and rules, and in consideration of the actual circumstances, and apply the "Implementation Measures".
The "Implementation Measures" make it clear that where minor violations in the field of civil affairs are not subject to administrative punishment, they shall be applied differently based on the circumstances of the violation, corrections, harmful consequences, and so forth.
Circumstances in which administrative punishment is not given
At the same time, the three conditions of minor violation, timely correction, and no harmful consequences should be met.
"Minor violation" refers to situations where the parties have no subjective fault or relatively small subjective fault, the duration of the illegal conduct is relatively short, there are no unlawful gains or the amount is small, and the scope of the illegal conduct affects a small area and population, except for situations where laws, regulations, and rules provide that "the circumstances are serious".
"Prompt corrections" refers to situations in which parties promptly terminate or actively correct illegal conduct, or immediately make corrections on the spot after being ordered to do so by the civil affairs departments, or promptly make corrections as required within the prescribed time.
"No harmful consequences have been caused" refers to the fact that the illegal conduct has not yet produced harmful consequences, and has not caused harmful consequences to the lawful rights and interests of citizens, legal persons, or other organizations, the order of production and life, and so forth.
Circumstances in which administrative punishment may not be given
The three conditions of the first violation, timely correction, and minor harmful consequences should be met at the same time.
"First violation" refers to the fact that the party has no record of the same nature of illegal conduct in the civil affairs department or the comprehensive administrative law enforcement department.
"Prompt corrections" refers to situations in which parties promptly terminate or actively correct illegal conduct, or immediately make corrections on the spot after being ordered to do so by the civil affairs departments, or promptly make corrections as required within the prescribed time.
"Minor harmful consequences" refers to situations where the impact of a party's illegal conduct is small, the scope of harm is small, and the harmful consequences are easy to eliminate, except for situations where laws, regulations, or rules provide that "the circumstances are serious".
The "Implementation Measures" proposes that law enforcement departments in the field of civil affairs shall refer to the list of matters for which administrative punishment will not be given for minor violations, comprehensively consider the circumstances of the illegal conduct and the harmful consequences, and strictly grasp the conditions for not giving administrative punishments. Where administrative punishments are not given in accordance with law, the law enforcement departments in the field of civil affairs shall educate, guide, and urge the violators to conscientiously abide by the law through methods such as signing a pledge and giving oral notices.
Where minor violations are not subject to administrative punishment, the "three systems" of administrative law enforcement shall be strictly implemented in accordance with the requirements of administrative law enforcement case-handling procedures. For case leads that are reported in real names, transferred by departments, or assigned by superiors, the relevant parties should be promptly notified of the case handling situation.