Since March this year, the special action to standardize administrative law enforcement related to enterprises has been comprehensively launched nationwide, and various regions and departments have formed many good practices and typical cases of administrative law enforcement supervision for the benefit of the people. Recently, the Ministry of Justice released 8 typical cases, mainly involving issues such as arbitrary fines, arbitrary seizures, violations of law enforcement norms, improper discretion, and law enforcement inaction. These cases demonstrate the effectiveness of special actions from different aspects and can provide replicable and promotable references for special action teams at all levels and government administrative law enforcement supervision agencies to carry out special actions in depth. Strict and standardized law enforcement is an important guarantee for high-quality law enforcement. In a typical case, the administrative law enforcement supervision bureau of a district government in Sichuan Province discovered and corrected the illegal behavior of the district market supervision bureau's "fine payment into the bureau's account" through a major administrative penalty filing review, promoting the implementation of the separation of fine and payment system throughout the local market supervision system, and preventing profit oriented law enforcement from the source. In another case, the Administrative Law Enforcement Supervision Office of a certain city government in Hunan Province revoked the law enforcement qualifications and transferred law enforcement personnel who abused their power and participated in collecting membership fees to disciplinary inspection and supervision agencies, strengthening the red line awareness that "law enforcement power cannot be abused". 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. In a typical case, the Administrative Law Enforcement Supervision Bureau of a district government in Jilin pointed out that the Health Bureau had made inappropriate decisions and corrected administrative penalties with unclear facts and insufficient evidence, promoting law enforcement agencies to focus on facts and adhere to standards. The Administrative Law Enforcement Supervision Bureau of a certain city in Henan Province has supervised the Natural Resources and Planning Bureau to rectify the problem of significant differences in punishment for similar illegal cases and maintain the uniformity of legal application. 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. In a typical case, the administrative law enforcement supervision bureau of a county government in Xinjiang ordered the city management to perform its duties within a limited period of time, correct the inaction of "not informing and not processing" in handling enterprise license applications, and safeguard the normal operation rights and interests of enterprises. The reporter learned that the Ministry of Justice will supervise and guide judicial administrative organs at all levels to effectively fulfill the responsibilities of government administrative law enforcement supervision agencies, work together with various regions and departments to play the role of special action teams, continue to vigorously rectify problems, and continue to promote the deepening and implementation of standardized enterprise related administrative law enforcement special actions. (New Society)
Edit:Wang Shu Ying Responsible editor:Li Jie
Source:Workers' Daily
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