Being good at using soft law enforcement to protect the market dream of small and micro operators is the most important way to maintain market order. However, excessive fines are still frequent in implementation. This "small and heavy fine" incident has aroused public concern about the temperature of law enforcement. This paper will discuss the significance of soft law enforcement to weigh the intensity of enforcement penalties and market order, and the significance of protecting the rights and interests of small and micro operators.
Recently, the frequent disclosure of "small and heavy fines" has attracted much attention. For example, an old farmer earned a profit of 14 yuan by **70 catties of celery, but was fined 100,000 yuan by the local government in a row; A pancake shop was fined 5,000 yuan for buying a bottle of mustard oil without a production date. In these cases, the amount of the fine is significant relative to the actual profit, which raises doubts about whether the penalty is excessive. As a legal means, fines should focus on law enforcement, rather than simply pursuing punishment. At the same time, in legal theory, administrative penalties should be progressive, and inclusive and prudential supervision should be adopted for minor violations and first-time violations, rather than excessive punishment.
However, behind the phenomenon of "heavy penalties for small mistakes", fines are often used as escrow and fines are economical. In some specific scenarios, the use of fines in escrow has become a common practice, and strict law enforcement has simply been transformed into "heavy fines". For a long time, many small and micro operators have been under tremendous pressure. This situation is not only contrary to the original intent of the legislation, but also detrimental to the business environment. Therefore, it is worth reflecting on the measures to maintain market order that eventually become acts that disrupt order.
The rule of law is the best environment for doing business. In order to stimulate the vitality of the market and standardize the business order, it is necessary to work the details and enforce the law more flexibly. First, although the current law clearly stipulates the principles of leniency, mitigation and non-imposition of administrative punishment, the subjective judgment of law enforcement personnel depends on the subjective judgment of law enforcement personnel, so it is necessary to further refine and improve the specific law enforcement standards. The second is to improve the humanization of administrative law enforcement, take service as the content of law enforcement, and make the legal compliance process smoother. Let's take rural tourism as an example, on the one hand, the local ** law enforcement, on the other hand, take the initiative to help and coordinate with relevant departments, so that businesses can smoothly "settle down". For example, due to the frequent occurrence of traffic accidents due to the lack of conspicuous highway height limit signs, law enforcers should conduct on-the-spot inspections and reflections, and arrange traffic signs more reasonably to reduce the occurrence of violations. These cases show that humane law enforcement can win the approval of the masses and enable the masses to appreciate the value of the rule of law.
Whether it's a few bundles of celery or a bottle of mustard oil, the details reflect the conscience and justice of the law. The skillful use of soft law enforcement is not only a part of impartial law enforcement, but also the main symbol of high-level law enforcement. Starting from the aspects of refining law enforcement standards and improving the level of humanized law enforcement, we can better take into account the relationship between the intensity of enforcement of fines and market order, and safeguard the rights and interests of small and micro operators.
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When speeding up the improvement of the standards for the discretionary power of administrative punishment in market regulation and the establishment of the Case Guidance System, it is necessary to beware of "small and excessive heavy fines" and follow the principle of soft law enforcement. Starting from the aspects of refining law enforcement standards and improving the level of humanized law enforcement, it is possible to combine enforcement and punishment and education-oriented, and protect the legitimate rights and interests of small and micro operators on the premise of maintaining market order. Only in this way can we create a better business environment, stimulate market vitality, and promote the sustained and healthy development of the economy.