Recently, in order to further optimize the business environment under the rule of law and promote the sustainable and healthy development of the economy, the Jiangsu Provincial Department of Finance issued the "Notice on the List of the First Batch of Minor Violations Exempted from Punishment in the Field of Financial Law Enforcement in Jiangsu Province (Trial>)" (Su Cai Gui 2023 No. 9, hereinafter referred to as the "Notice").It will come into force on January 1, 2024 and will be valid until December 31, 2025.
Among them, the "Notice" lists that the purchaser and the procurement agency shall adopt the method of public bidding and adopt other methods of procurement without authorization. The internal supervision and management system of centralized procurement institutions is not perfect, and personnel and posts are not divided and separated in accordance with the lawList of centralized procurement items to be delegated, etc. According to the content of the Notice, the overall requirements for the implementation of the list of exemptions from punishment revolve around adhering to lawful supervision, embodying inclusiveness and prudence, and advocating honesty and trustworthiness. In the specific work of standardizing the implementation of the list of matters exempted from punishment, it is required to accurately grasp the scope of application, strictly standardize the application procedures, strengthen the management of the law enforcement process, and highlight publicity and education on popular legal education.
At the same time,The "Notice" clarifies that the scope of application of the list of exemptions from punishment is in accordance with Article 33 of the Administrative Punishment Law of the People's Republic of China"If the first violation is minor and the harmful consequences are minor and corrected in a timely manner, administrative punishment may not be given", the financial department in the daily supervision and inspection, "double random" spot checks, as well as through complaints and reports, department transfers, In the course of law enforcement inspections carried out after the case leads are grasped by the higher-ups, where the parties are informed of the existence of minor violations that fall within the scope of the conduct listed in the list of matters to be exempted from punishment and meet the conditions for applying the exemption, and after criticism and education, the parties voluntarily sign a letter of commitment to make corrections, and immediately make corrections or make corrections within the agreed time, the financial departments shall not punish them in accordance with law. For illegal acts that do not fall within the scope of the list of exemption items, the financial department finds that there are circumstances of not punishing or mitigating punishment after investigation, and it shall be handled in accordance with the actual circumstances of the case in accordance with law.