"Effectively protect the legitimate rights and interests of enterprises and the masses" and "resolutely prevent the use of fines to increase revenue, fines in escrow, profit-seeking fines and other behaviors", recently, the first issued the "Guiding Opinions on Further Regulating and Supervising the Setting and Implementation of Fines", for the first time to make a comprehensive and systematic specification of the setting and implementation of fines in administrative regulations and rules.
It is worth mentioning that this is a relay. In recent years, ** has continued to reduce or adjust fines. In November 2023, 33 fines were cancelled and adjusted; Previously, in July 2022, 53 fines were cancelled and adjusted. Standardize the setting and implementation of fines, implicate points and lines, and have many joints, and this time from the height of top-level design, the system improves the rules and enhances the level of governance.
Privately smoked bacon" fined a starting price of 500 yuan, stopped the truck capricious fine, some cases have aroused public concern, and relevant departments have also carried out investigations and corrections. There are commonalities hidden in the hot cases, reflecting the ambiguity of the scale, boundaries and methods of fines, and the problems need to be solved urgently. The guidance shows a clear picture of regulating fines, focusing and uplifting.
Give the fine rules "rules" - what is the basis for the fine, more clear and uniform. "Where it can be managed through methods such as education and persuasion, ordering corrections, or information disclosure, fines are generally not set. The "Opinions" also emphasize that maximum fines or high fines shall not be arbitrarily imposed, and the threshold for determining illegal acts shall not be arbitrarily lowered.
Set fines scientifically in accordance with the law, strictly abide by the authority to set fines, and focus on a division that is famous, reasonable, and powerful. The key to "resolutely preventing the unreasonable increase in fine income" lies in strictly grasping the threshold for determining illegal acts and saying "no" to arbitrarily expanding the scope of illegal acts.
Give the fine scale "measure size" - which behavior can be lightly punished, not punished, and heavily punished, which is clearer and more spectrum. Blending leniency with severity is a prerequisite for making administrative punishments more fair and just. But leniency cannot be arbitrary, otherwise it will be self-defeating. The "Opinions" focus on clarifying the boundaries of "leniency", "except for situations involving citizens' life, health and safety, financial security, etc., the minimum amount of fines and the maximum amount shall generally not exceed 10 times." ”
In addition, the Opinions make a classification and refinement, for example, if the person concerned is blind, deaf and mute, or a person who has reached the age of 75, etc., the fine can be mitigated or reduced, and the fine may not be imposed if the statutory conditions are met. and instigating minors and other acts are punished heavily. There are detailed rules to ensure that we can avoid falling into the quagmire of not being lenient and not being strict.
"Move seriously" on unreasonable fines - unreasonable fines cannot be "savagely grown", and multiple "resolute" release efforts. "It is necessary to focus on evaluating the fine regulations that were set earlier, the amount of fines is relatively large, the degree of social concern is high, and the relationship between enterprises and the masses is close", these words "comparatively" convey a more serious and clear attitude, and they are loud and clear. The "Opinions" require regular assessment and clean-up of fine regulations, continuous regulation of off-site law enforcement, and in-depth source management, etc., which essentially gives a timetable and designs a roadmap for people to understand at a glance.
Strictly standardize law enforcement, put an end to the unhealthy trend of "fines have tasks", and it is also necessary to give full play to the joint force of supervision and strengthen supervision from the whole chain. To optimize the business environment, the beneficiaries are market players, especially some small and medium-sized enterprises, and the motivation and confidence of private enterprises can be greatly improved.
*: CCTV News.