Xinhua News Agency, Beijing, Feb. 19 (Xinhua) -- In order to implement the decisions and arrangements of the 20th National Congress of the Communist Party of China, maintain the market order of fair competition, optimize the business environment, and promote high-quality development, the "Guiding Opinions on Further Regulating and Supervising the Setting and Implementation of Fines" (hereinafter referred to as the "Opinions") was issued a few days ago, which for the first time made a comprehensive and systematic regulation of the setting and implementation of fines in administrative regulations and rules.
The "Opinions" put forward that the right to set fines should be scientifically exercised in accordance with the law. ** Legislation should strictly abide by the authority to set fines, scientifically apply the principle of proportionality of fines, and when new fines are set and the amount of fines is determined, they should be lenient and strict, so as to avoid imbalance; Where it can be managed through methods such as education and persuasion, ordering corrections, or information disclosure, fines are generally not set. When the amount of the fine is reasonably determined and a certain range of fines is imposed, the minimum amount of the fine and the maximum amount of the fine shall generally not exceed 10 times. Regularly assess and clean up the provisions on fines, focusing on the provisions on fines that are set earlier, the amount of fines is large, the degree of social concern is high, and the relationship with enterprises and the public is close. Promptly revise and repeal the provisions on fines, and if it is decided to cancel the fines set in the administrative regulations or departmental rules, the relevant provisions on fines in the relevant administrative regulations and departmental rules shall be temporarily suspended from the date of issuance of the decision.
The "Opinions" make it clear that it is necessary to strictly regulate the implementation of fines. No administrative organ may arbitrarily impose a maximum fine or a high fine, must not arbitrarily lower the threshold for determining illegal conduct, and must not arbitrarily expand the scope of illegal conduct. Where the circumstances of mitigating, commuting, refusing, or not giving punishment as provided for in the Administrative Punishment Law are met, the Administrative Punishment Law shall be applied to make corresponding dispositions in accordance with law. When formulating a list of fines and other penalties or imposing fines, it is necessary to ensure that the excessive penalties are proportionate and that the legal principles are compatible. Insist on combining punishment with education. Continue to standardize off-site law enforcement, and by the end of December 2024, the relevant departments of local people's ** at or above the county level and township people** (sub-district offices) should complete the cleanup and standardization of law enforcement electronic technical monitoring equipment.
The "Opinions" require that the supervision of fines should be strengthened in an all-round way. Carry out in-depth governance at the source, and comprehensively analyze and judge fines such as those with a high degree of social concern, concentrated complaints and reports, and frequent occurrence of illegal acts, and optimize management measures. Adhere to the concept of systems, promote the transition from case handling to similar case management to system governance, and realize "handling one case, governing one category, and influencing one domain". Continue to strengthen financial and accounting audit supervision, resolutely prevent unreasonable growth in fine income, strengthen supervision of abnormal changes in fine income, and carry out on-site verification when necessary if the same region's and department's fine income increases abnormally year-on-year. Give full play to the joint force of supervision, improve and improve the system and mechanism of administrative law enforcement supervision, rule filing and review, and administrative reconsideration.
The "Opinions" emphasize that all regions and departments should standardize and supervise the setting and implementation of fines as an important starting point for improving governance capabilities, safeguarding public interests and social order, and optimizing the business environment, and conscientiously implement the provisions of the Administrative Punishment Law. The Ministry of Justice should strengthen overall planning, coordination, and oversight, organize and promote the improvement of the administrative punishment system, do a good job of responding to relevant explanations, and guide and supervise all regions and departments to do a good job of implementation.