Recently, the Provincial Sports Bureau issued the "Implementation Measures for Non-Administrative Punishment of Minor Violations in the Sports Field of Zhejiang Province", which will be implemented on January 1, 2024, to further promote strict, standardized, fair and civilized law enforcement in the field of sports.
The "Implementation Measures" are mainly aimed at the first paragraph of Article 33 of the Administrative Punishment Law of the People's Republic of China, which stipulates that "if the illegal act is minor and corrected in a timely manner, and does not cause harmful consequences, no administrative punishment shall be imposed;."Where the violation is the first time and the harmful consequences are minor and promptly corrected, administrative punishment may not be given. It stipulates that the decision not to punish minor violations of the law in the field of sports, and combed and formed a list of items that will not be subject to administrative punishment for minor violations in the field of sports in Zhejiang Province.
Where no administrative punishment is given to minor violations in the field of sports, it shall be applied differently on the basis of the circumstances of the violation, corrections, harmful consequences, and so forth.
Where the following conditions are met at the same time, administrative punishment is not to be given:
Minor offenses;
Correction on the spot or within a time limit;
No harmful consequences were caused.
Where the following conditions are met at the same time, administrative punishment may not be given:
Violation of the law for the first time in the year;
The harmful consequences are minor;
Correction on the spot or within a time limit;
The "Implementation Measures" make it clear that the sports law enforcement department shall refer to the list of matters for which administrative punishment will not be imposed for minor violations, comprehensively consider the circumstances and harmful consequences of the violation, and strictly grasp the applicable conditions for not giving administrative punishment. Where administrative punishments are not given in accordance with law, the sports law enforcement departments shall educate, guide, and urge the violators to conscientiously abide by the law through methods such as signing a pledge or giving oral notice.
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.
In the process of implementing the measures, all localities should closely track and evaluate the implementation and effect, carefully listen to the opinions and suggestions of all sectors of society, summarize experience in a timely manner, and put forward work suggestions. The Provincial Sports Bureau will dynamically manage the list of matters in accordance with the laws, regulations, and rules of "Legislative Reform, Abolition and Interpretation" and the implementation of the "Implementation Measures".
Click on the bottom left corner"Read the original text".View the full content of the Implementation Measures.
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*: Released by Zhejiang.
Editor: Lu Anran.
Second trial: Jiang Zhi.
Final review: Wang Zhonghua.