Beijing**Client|Commentator: Chao Xing.
Prevent problems such as "small and excessive heavy punishments" and "different punishments for similar cases"; Better use of methods such as reminders and admonitions, administrative guidance, etc., to reflect the ...... of law enforcementOn January 31, the relevant person in charge of the State Administration for Market Regulation said at a press conference that it will accelerate the improvement of the benchmark for the discretion of administrative penalties for market regulation, and establish and implement a case guidance system.
For some time now, cases of "small and heavy penalties" have not been uncommon. The old farmer sold 70 catties of celery and made a profit of 14 yuan, but was fined 100,000 yuan by the local government for failing to pass the sampling; A pancake shop bought a bottle of mustard oil and was fined 5......,000 yuan for not indicating the production date on the bottleIn cases like these, the difference between a small profit and a large fine will inevitably contradict people's simple value judgments and give people the impression that the punishment is excessive. This is also why, the fine obviously has a legal basis, but it is unpopular on the field.
Of course, this does not mean that there are doubts in reason and that there are legal concessions. It is understandable that the market supervision department uses administrative penalties to maintain market order. However, law enforcement is not simply "imposing punishments", and it cannot only emphasize the intensity of punishment, but not pay attention to the temperature of law enforcement. And judging from many cases, it is not very reasonable in legal theory. After all, the general tone of the Administrative Punishment Law is "the combination of punishment and education", and in addition to rigid punishment, there are many "soft law enforcement" methods available. From the perspective of legal logic, administrative punishment should be graded and progressive. For market entities that violate the law for minor violations or first-time violations, inclusive and prudential supervision should be implemented. From the repeated ruling of local courts that some cases are "unusually heavy" and not allowed to be enforced, to the State Administration for Market Regulation's re-emphasis on law enforcement, it is actually a correction of the one-sided and overly radical law enforcement logic.
It is also worth being vigilant that behind the "heavy punishment for small mistakes" and "improper punishment", there are many shadows of fines and confiscations to generate income and fine economy. Especially in some specific scenarios, the use of fines as escrow has almost become the norm, and the so-called strict law enforcement has also been simply distorted into "heavy fines". Over time, quite a number of small and micro business entities trembled. This not only violates the original intent of the legislation, but also disrupts the business environment, and the damage cannot be underestimated. However, the move to maintain market order has finally become a "destruction of order", which is worth pondering.
The rule of law is the best place to do business. Focusing on the details and starting from individual cases, more prudence in soft law enforcement and less impulse to "impose small and heavy penalties" will be of great help to stimulate market vitality and standardize business order. For the time being, it is still necessary to make efforts to say "no" to "small and heavy punishments".
On the one hand, although many existing laws clearly contain provisions such as mitigating, mitigating, and not imposing administrative penalties, they are often principled requirements. What are the specific acts that can be punished lightly? What kind of behaviors can not be subject to administrative punishment? It is not enough to rely on the subjective cognition and judgment of law enforcement personnel alone, and it is a good policy to refine and improve specific law enforcement standards.
On the other hand, improving humanization should become the proper logic of administrative law enforcement. In many cases, "supervision" and "management" are two sides of the same coin, and only by doing the service in front can the legal compliance process be smoother. We have seen that there are local rural tourism development, but itinerant street vendors occupy the road to operate a headache, local law enforcement and services at the same time, and actively coordinate with relevant departments to let merchants "settle down"; In some places, the height limit signs on highway sections are not eye-catching, so that the driver has no time to brake and always have an accident, and the law enforcers have investigated and empathized with each other, and set the traffic signs more reasonably, which has greatly reduced the ...... of ultra-high violationsFacts have proved that humanized law enforcement is easier for people to be convinced, and it is easier for people to feel the value of the rule of law.
Whether it is "a few bundles of celery" or "a bottle of mustard oil", these details all measure the conscience and justice of the law. Being good at soft law enforcement is also a part of "impartial law enforcement", an important symbol of "high-level law enforcement", and a higher requirement for law enforcers.