Administrative reconsideration promotes the standardization of law enforcement involving enterprises
2025-08-13
Rule of Law Observation: Administrative organs at all levels should take the "Guiding Opinions" as action guidelines, use typical cases as governance mirrors, internalize and externalize the requirements of strict, standardized, fair and civilized law enforcement, so that enterprises can feel fairness and justice in every law enforcement activity. Recently, the Ministry of Justice, together with the National Development and Reform Commission and the All China Federation of Industry and Commerce, issued the "Guiding Opinions on Further Utilizing the Supervision Function of Administrative Reconsideration to Standardize Enterprise related Administrative Law Enforcement" (hereinafter referred to as the "Guiding Opinions"), and released the "Typical Cases of Administrative Reconsideration Supervision Standardizing Enterprise related Administrative Law Enforcement". The relevant measures are not only an important institutional arrangement to implement the decisions and deployments of the Party Central Committee and the State Council on protecting the legitimate rights and interests of private enterprises and promoting the development and growth of the private economy, but also a vivid practice to fully play the role of administrative reconsideration in regulating enterprise related administrative law enforcement supervision and resolving enterprise related administrative disputes, consolidating and expanding the effectiveness of administrative reconsideration services for high-quality development of enterprises, and helping to optimize the legal business environment. Standardizing administrative law enforcement related to enterprises is an essential part of building a rule of law government and optimizing the business environment. Currently, there are still inconsistent enforcement standards and heavy penalties over services in some regions and fields related to enterprise law enforcement, which not only increases the burden on enterprises but also affects the vitality of market development. Administrative reconsideration, as the main channel for resolving administrative disputes, has the supervisory characteristic of "turning the blade inward" - by correcting illegal or improper administrative behavior in accordance with the law, it can not only safeguard the legitimate rights and interests of enterprises, but also regulate law enforcement behavior from the source. The joint release of the "Guiding Opinions" by the three departments aims to establish a mechanism for supervising the implementation of administrative reconsideration legal documents by focusing on supervision targets such as fines related to enterprises, government dishonesty related to enterprises, cases related to enterprise management, and normative documents related to enterprises. This will help ensure the effectiveness of supervision. The Guiding Opinions emphasize the consolidation and standardization of law enforcement work related to enterprises, requiring administrative review agencies to closely cooperate with development and reform departments, the Federation of Industry and Commerce, and supervision departments, promote case follow-up mechanisms, actively solve enterprise difficulties, conduct joint research and listen to enterprise voices, and ultimately form a multidimensional institutional synergy of "jointly researching problems, jointly correcting illegal activities, and jointly promoting effectiveness" in the field of law enforcement related to enterprises, comprehensively promoting strict, standardized, fair, and civilized law enforcement. From these deployments, it can be seen that the "Guiding Opinions" aim to upgrade the standardization of enterprise related law enforcement through administrative reconsideration from individual case correction to institutional supervision, promote administrative agencies to improve enterprise related law enforcement behavior, perfect enterprise related law enforcement systems, prevent and reduce the occurrence of enterprise related administrative disputes from the source, and achieve the effect of "handling one case, governing one area, and regulating one line". It is worth noting that the Private Economy Promotion Law, which came into effect on May 20th this year, for the first time established the principles of "equal treatment, fair competition, equal protection, and common development" in a specialized legislative form. Article 53, paragraph 2 of the law explicitly requires "judicial administrative departments to establish a mechanism for communicating administrative law enforcement demands related to enterprises, organize and carry out administrative law enforcement inspections, strengthen supervision of administrative law enforcement activities, and promptly correct improper administrative law enforcement behaviors". The Guiding Opinions are an operational extension of the spirit of this legal provision, transforming legislative protection into practical relief practices. This seamless connection between legislation and law enforcement reflects the three-dimensional protection of the private economy by the rule of law system. In addition, the ten typical cases of administrative reconsideration related to enterprises released simultaneously vividly demonstrate the systematic governance effectiveness of the administrative reconsideration system in regulating administrative law enforcement related to enterprises. In case one, a housing and construction bureau in a county in Jiangsu Province collected 6.7 million yuan in special residential maintenance funds from enterprises based on county-level documents. The administrative review agency found that the fee requirement conflicted with higher-level laws through a review of normative documents. Not only did it revoke the bureau's charging behavior and require it to refund the funds, but it also pushed the county government to abolish relevant documents, achieving an upgrade in the efficiency of administrative review supervision from "correcting single violations" to "systematic governance". In Case Four, the government of a certain city in Hubei Province failed to fulfill its commitment to state-owned enterprise restructuring. Faced with the unresolved issue of negative asset compensation for many years, the administrative review agency accurately recognized the effectiveness of the administrative promise, and through a hearing interpretation, facilitated the signing of a new compensation agreement between the government and enterprises, resolving the legacy issues of state-owned enterprise restructuring and promoting the government to keep its promises. These cases highlight the progressive supervision of administrative reconsideration, which includes case review, institutional review, and mechanism improvement. It not only timely blocks the infringement of enterprise rights by improper administrative behavior, but also eliminates institutional risks related to enterprise law enforcement from the source, providing a strong and deep legal guarantee for optimizing the legal business environment. The accompanying release of the Guiding Opinions and typical cases demonstrates China's positive actions in using legal and institutionalized means to regulate administrative law enforcement related to enterprises and safeguard their high-quality development. Administrative agencies at all levels should take the "Guiding Opinions" as a guide for action, use typical cases as governance mirrors, internalize the requirements of strict, standardized, fair and civilized law enforcement in their hearts and externalize them in their actions, so that enterprises can feel fairness and justice in every law enforcement activity. Only in this way can the rule of law truly become the most reliable backing for market entities and promote the writing of a new chapter of high-quality economic and social development. (The author is the Executive Director of the Local Government Rule of Law Construction Research Center at Northwest University of Political Science and Law) (New Press)
Edit:Wang Shu Ying Responsible editor:Li Jie
Source:legaldaily.com.cn
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