Law

Random fines, arbitrary seizures, and law enforcement inaction - these administrative law enforcement issues related to enterprises need to be rectified

2025-09-18   

Since March this year, the special action to standardize administrative law enforcement related to enterprises has been comprehensively launched nationwide. On September 15th, the Ministry of Justice released typical cases of standardized administrative law enforcement actions involving enterprises, mainly involving issues such as arbitrary fines, arbitrary seizures, violations of law enforcement behavior norms, improper discretion, and law enforcement inaction. This provides replicable and promotable experience for special action teams at all levels and government administrative law enforcement supervision agencies to carry out in-depth special actions. The separation of punishment and payment is an important system established by the Administrative Penalty Law, aimed at preventing corruption from the source and ensuring fair law enforcement. The case shows that in March 2025, the Administrative Law Enforcement Supervision Bureau of a certain district government in Sichuan Province discovered that the Market Supervision Bureau of the district had made an administrative penalty decision against a company in January 2025, requiring the party to directly pay the fine to the bureau's account, which was suspected of failing to implement the relevant provisions on the separation of fines and payments. After verification, from March 2024 to February 2025, all administrative penalty cases imposed by the bureau informed the parties involved to pay the fines to the bureau's account, and then the bureau transferred the fines to the financial special account. The administrative law enforcement supervision bureau of the district government requires the market supervision bureau of the district to rectify within a specified time limit and strictly implement the system of separating fines and payments. Strict and standardized law enforcement is an important guarantee for high-quality law enforcement. The Administrative Law Enforcement Supervision Office of a certain city government in Hunan Province has revoked the law enforcement qualifications and transferred law enforcement personnel who abuse their power and participate in collecting membership fees to disciplinary inspection and supervision agencies, strengthening the red line awareness that "law enforcement power cannot be abused". The Administrative Law Enforcement Supervision Bureau of a county government in Jiangxi Province has discovered and corrected issues such as illegal inspections by law enforcement personnel and lack of basic law enforcement procedures through information collaboration and sharing, providing ideas for expanding channels for collecting problem clues. The Administrative Law Enforcement Supervision Bureau of a certain city government in Guangxi has accurately defined the scope of legal application and corrected the erroneous behavior of law enforcement departments expanding their enforcement powers and arbitrarily seizing property through cross departmental consultations and consultation with higher-level supervisory departments. The abuse of administrative discretion and different penalties for similar cases are strong pain points reflected by enterprises. Various regions have promoted the standardization of discretion standards through individual case supervision to address issues such as inconsistent law enforcement standards and incomplete benchmarks for discretionary power, achieving a balance between excessive punishment and education. The administrative law enforcement supervision bureau of a district government in a certain city in Jilin Province pointed out that the district health bureau's discretion was inappropriate, and corrected administrative penalties with unclear facts and insufficient evidence, promoting law enforcement agencies to focus on facts and abide by standards. Administrative law enforcement should neither act recklessly nor remain inactive. Various regions are focusing on rectifying issues such as the lack of supervision by law enforcement departments and whether they should be strict or not, and promoting the implementation of law enforcement responsibilities. The Administrative Law Enforcement Supervision Bureau of a county government in Xinjiang has ordered the county's urban management to perform its duties within a limited period of time, correct the inaction of not informing or processing enterprise license applications, and safeguard the normal operation rights and interests of enterprises. With the continuous deepening of the special action, the number of administrative inspections of enterprises nationwide has significantly decreased, and the level of accurate problem detection has been effectively improved. We have refunded illegal fees to enterprises, changed or unfrozen accounts in accordance with the law, and solved a number of urgent and difficult problems that enterprises are concerned about, such as inconsistent law enforcement standards and difficult credit repair. ”The relevant person in charge of the Ministry of Justice stated that a special action will be taken to investigate and punish a number of cases of "taking advantage of the situation", "rough law enforcement" and law enforcement inaction in accordance with the law. A group of individuals who do not have the qualifications to enforce the law and seriously violate regulations will be removed from the law enforcement team and transferred to disciplinary inspection and supervision agencies for accountability. (New Society)

Edit:Wang Shu Ying Responsible editor:Li Jie

Source:people.cn

Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email:lwxsd@liaowanghn.com

Recommended Reading Change it

Links