Foreword
In the morning, I read the article "Ministry of Justice: The Decision on Fines Should Fully Consider the Immediate Feelings of the Public", and the general awareness is to standardize administrative enforcement, avoid excessive fines, and strengthen enforcement supervision.
In terms of the implementation of fines, the Opinions mainly put forward three requirements.
First, the imposition of fines should comply with the principle of proportionality of excessive punishments, and should be light when it is light, and heavy when it should be severe. Based on the actual situation in different regions and fields, the relevant circumstances of mitigating, commuting, not punishing, or not punishing should be scientifically refined; Where the relevant legally-prescribed circumstances are met, the Administrative Punishment Law should be applied to make corresponding dispositions in accordance with law. It is necessary to intensify law enforcement in key areas such as production safety, life and health, and product quality, and to implement the requirement of "punishing the person" in accordance with the law for serious violations, and resolutely safeguard the legitimate rights and interests of enterprises and the masses. Second, the decision on fines should be in accordance with legal principles, facts, and reasonableness. Fines should be decided to fully consider the public's personal feelings, ensure that fines are made in accordance with legal principles, and consider relevant facts and reasonableness, and at the same time optimize the system of postponement and installment of fines decisions. Encourage administrative organs to establish regular communication mechanisms with enterprises and the public, strengthen follow-up assistance and guidance, and explore the construction of law enforcement models such as "prevention first, minor exemption from punishment, severe punishment for serious violations, proportionate punishment, and follow-up visits". The third is to put forward new requirements for standardizing electronic technical monitoring equipment. It is clearly proposed that by the end of December 2024, that is, by the end of this year, a comprehensive clean-up and standardization of law enforcement electronic technical monitoring equipment will be carried out. And it is also clear that before the end of each year, the relevant departments of the local people at or above the county level, townships (streets) should report to the people at the same level and the people at the higher level to report the new monitoring equipment. In this regard, judicial administrative departments should strengthen supervision over law enforcement. ”【1】
There are two manifestations of fines
The most common fine in real life is traffic violations, and whether it is a driving violation or a parking violation, the fine we encounter is the upper limit of the penalty of 200 yuan, and basically do not see the 50-200 yuan range according to the implementation of traffic management measures, choose 50 yuan for fines, which is a manifestation of fines. It is a kind of punishment for violations of administrative management regulations by the administrative law enforcement power.
Similarly, in real life, there is a kind of fine for illegal construction, and the object of punishment can be individual, collective and administrative units, and in the face of administrative units, whether the punishment can be carried out according to the provisions of the maximum fine we put a question mark, but also there is a question, the administrative unit is allocated by the finance, and the finance is generated by the citizen's tax, then the expenditure of the fine is indirectly equivalent to the payment of the citizen's tax.
The reason why these two forms of results will occur is that the standards of the law are not unified when stipulating, and the executive can make subjective judgments to affect the objective results after having the law enforcement power, and whether the law enforcement power can be effectively implemented between the same law enforcement power and the administrative power, which involves the issue of supervision, how can we personally achieve "the prince violates the law and the common people are guilty of the same crime", not only to have a legal basis but also a law enforcement basis, so that the two forms of expression can achieve the same result to a certain extent.
The punishment is comparable
The purpose of punishment is to correct the mistake through fines, which can effectively achieve the purpose of correcting mistakes in the punishment of drivers for traffic violations, and on the other hand, if the fine is made to the administrative unit, whether the administrative unit can correct the mistake through the fine, we do not know. In other words, to a certain extent, what we are missing are the standards and regulations for law enforcement supervision.
For example, if the district expropriates the property on the grounds of shantytown reconstruction, and after the expropriation of the property, the restaurant is illegally built for operation without planning approval, and the urban and rural planning department makes a decision to demolish it within a time limit, and the restaurant is operating normally. If the illegal construction is an individual or a company, we don't know whether the law enforcement agencies will have so many concerns in the process of law enforcement.
The progress of the rule of law is that in the process of social development, the relationship between individual rights and interests and public interests can be better balanced, and the effective distribution of individual rights and interests can be effectively achieved by ensuring the stable development of society. In order to achieve such a purpose, it is necessary to refine the details of law enforcement supervision, so that all participants in society can equally enjoy the rights and obligations conferred by the law. Only in this way can the meaning of the fine be truly realized.
References: [1] Ministry of Justice: The decision to impose fines should fully consider the personal feelings of the public.
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