Peninsula reporter Wang Yuan.
On December 18, the reporter learned from the Qingdao Municipal Administration for Market Regulation that the "Interim Measures for Rewarding Reports of Major Violations in the Field of Market Supervision in Qingdao" will be officially implemented from January 11, 2024, and citizens who report major violations in the field of market supervision can receive a reward of up to 1 million yuan.
Recently, the Municipal Market Supervision Bureau and the Municipal Finance Bureau jointly issued the "Interim Measures for Rewarding Reports of Major Violations in the Field of Market Supervision in Qingdao" (hereinafter referred to as the "Measures"), which will be officially implemented on January 11, 2024. The "Measures" focus on the field of people's livelihood, focusing on "food, drugs, special equipment, industrial product quality and safety" and other major violations involving the people's life, health and safety of the "sword", clarify the scope of awards, reward conditions, reward standards, reward procedures and other issues, by encouraging social supervision, promote social co-governance, standardize the production and operation behavior of market entities, and keep the bottom line of people's life, health and safety.
The Measures lock the scope of rewards to "major violations", that is, only the reports of "major violations" will be rewarded. "Major violations" mainly refer to illegal acts that are suspected of committing a crime or have been given administrative punishments such as being ordered to suspend production and business, ordered to close, revoke (revok) permits, or fined or confiscated a relatively large amount. The amount of fines and confiscations refers to the total amount of fines imposed on the parties and confiscation of illegal gains, and the amount of rewards is calculated on this basis, which is more effective and easier to enforce. For example, a relatively large amount of fines and forfeitures in monopoly cases, ** cases, and pyramid scheme cases refers to fines and forfeitures of more than 1 million yuan (including 1 million yuan);In other cases in the field of market regulation, where a relatively large amount of fines and confiscations is given, where a natural person is the subject of the violation, it refers to 10,000 yuan or more (including 100,000 yuan), and where a legal person or other organization is the subject of the violation, it means 100,000 yuan or more (including 100,000 yuan).
The Measures clearly state that major violations of laws and regulations related to the quality and safety of food, drugs, special equipment, and industrial products are violatedSignificant violations with regional and systemic risks;Major violations in the field of market regulation that have a greater social impact and seriously endanger the personal and property safety of the people;Major violations such as suspected crimes, transferred to judicial organs, and investigated for criminal responsibility may be rewarded after the case is reported and verified.
The Measures require that the reward for reporting must meet the relevant conditions at the same time, such as: there is a clear target of the report and specific illegal facts or clues of illegal crimes, and key evidence is provided. The content of the report was not known to the market regulation department in advance. In addition, the content of the report has been investigated and closed by the market regulation department and has been administratively punished, or transferred to the judicial organs in accordance with law and investigated for criminal responsibility.
The reward standard is a core component of the reward system for whistleblowing. The Measures divide the reward for reporting into three levels, clarifying that the specific amount of the reward for reporting at the three levels is % and 1% of the fine and confiscation, the minimum reward amount is 5,000 yuan, 3,000 yuan and 1,000 yuan respectively, and the upper limit of the reward amount for reporting is 1 million yuan. Where the amount of a single reward reaches 500,000 yuan or more (including 500,000 yuan), the market supervision department that issued the reward funds for reporting shall submit an approval opinion, and the financial department at the same level shall determine it. Considering that special fields such as food and drugs are highly professional and technical, and major illegal acts are often more concealed and difficult to detect, in order to facilitate the acquisition of clues in key cases and improve the accuracy of the crackdown, the "Measures" have specially set up a "reward clause for internal whistleblowers", which stipulates that if the internal personnel of the illegal entity report, they can follow the provisions of 1Between 5 times and less than 2 times, the reward standard shall be appropriately raised.
The Measures clearly define "whistleblower", have clear rights and responsibilities, and make it clear that the whistleblower who has the right to apply for a whistleblower reward "shall be a natural person", and lists and excludes "the staff of the market supervision department or the person with statutory supervision and reporting obligations, the infringed party and its entrusted person or interested party, the person who commits the illegal act (except for internal whistleblowers), and there is evidence to prove that the whistleblower has received any form of remuneration or reward from other market entities for the whistleblower" etc. are not whistleblowers who should be rewarded. At the same time, it strictly stipulates the consequences and legal responsibilities of whistleblowers for falsifying materials, concealing facts, defrauding awards, and falsely accusing and framing. By strictly regulating the procedural rules for rewarding whistleblowers, increasing the extent of rewards and protections for whistleblowing, strengthening the supervision and management of conduct such as "false reports" and "indiscriminate reports", supporting and guiding whistleblowing in accordance with the law, and further enhancing the joint force of supervision.
In the new era and new stage of development, in the face of more than 2 million market entities in the city, it is not enough to rely on the regulatory authorities to "manage" and "fine". The Measures further enhance regulatory efficiency and optimize the business environment by pooling the efforts of multiple parties to build a pluralistic co-governance pattern of public participation, self-discipline of market entities, and coordination and cooperation of market regulation and law enforcement.