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Comprehensive administrative law enforcement is an important part of deepening China's administrative management system, one of the main carriers for building a rule-of-law government, and an innovation
in the law enforcement system based on China's national conditions and practical needs.
In the past practical exploration carried out throughout the country, due to the imperfection of the legal system, administrative system, law enforcement concept, law enforcement supervision and other aspects, the development of comprehensive administrative law enforcement of market supervision and management has exposed many practical problems, affecting the effectiveness
of reform.
in the law enforcement system based on China's national conditions and practical needs.
In the past practical exploration carried out throughout the country, due to the imperfection of the legal system, administrative system, law enforcement concept, law enforcement supervision and other aspects, the development of comprehensive administrative law enforcement of market supervision and management has exposed many practical problems, affecting the effectiveness
of reform.
At present, the opening of a new round of institutional reform has brought comprehensive administrative law enforcement in the field of market supervision and management into a new historical period, and new situations such as the substantial increase in functions, the large-scale expansion of the regulatory field, and the complexity and diversification of market entities have also made the challenges to supervision and law enforcement more severe
.
In the context of institutional reform, how to better build a scientific and efficient modern comprehensive administrative law enforcement system for market supervision and management has important theoretical research value and practical significance
.
.
In the context of institutional reform, how to better build a scientific and efficient modern comprehensive administrative law enforcement system for market supervision and management has important theoretical research value and practical significance
.
On November 16, 2022, the General Office of the State Council issued the Notice on Matters Related to Comprehensive Administrative Law Enforcement for Market Supervision and Management, which pointed out that the Catalogue for the Guidance of Comprehensive Administrative Law Enforcement Matters for Market Supervision and Administration is an important document for implementing the requirements for the unified implementation of market supervision law enforcement and clarifying the functions of comprehensive administrative law enforcement for market supervision, which can solidly promote the reform of comprehensive administrative law enforcement of market supervision, coordinate the allocation of administrative law enforcement functions and law enforcement resources, effectively solve the problem of multi-head and multi-level duplicate law enforcement, and strictly standardize fair and civilized law enforcement
。
。
In November 2018, the State Administration for Market Regulation drafted the Catalogue for the Guidance of Comprehensive Administrative Law Enforcement Matters for Market Supervision and Management, solicited the opinions of relevant central departments and 31 provinces (autonomous regions and municipalities), and issued it after being compiled by the central government and reviewed by the Ministry of Justice, and submitted to the State Council for approval
.
On November 14, 2022, the State Administration for Market Regulation officially issued the Catalogue for the Guidance of Comprehensive Administrative Law Enforcement Matters for Market Supervision and Administration (hereinafter referred to as the Catalogue).
.
On November 14, 2022, the State Administration for Market Regulation officially issued the Catalogue for the Guidance of Comprehensive Administrative Law Enforcement Matters for Market Supervision and Administration (hereinafter referred to as the Catalogue).
The Catalogue of Guidance mainly sorts out and standardizes 861 administrative punishments and administrative compulsory matters set by laws and administrative regulations in the field of market supervision, as well as administrative punishments set by departmental rules and regulations, including 830 administrative penalties and 31 administrative compulsions
.
The implementation basis for administrative punishments and administrative compulsory matters is the original text of the current effective laws, regulations, and rules, and does not involve increasing the responsibilities and obligations of administrative counterparts
.
.
The implementation basis for administrative punishments and administrative compulsory matters is the original text of the current effective laws, regulations, and rules, and does not involve increasing the responsibilities and obligations of administrative counterparts
.
In response to the confirmation of matters, the Guidance Catalogue clarifies four points
.
First, in order to avoid repeated references to relevant provisions of laws, administrative regulations and departmental rules in the basis for implementation, the names of matters are determined
in principle in accordance with the provisions of the "articles" or "paragraphs" of laws, administrative regulations and departmental rules.
Second, the specific illegal situations listed in the "Article" or "Paragraph" will no longer be divided into multiple matters
in principle.
Third, specific provisions made by departmental rules within the scope of conduct, types, and ranges of administrative punishments provided for by laws and administrative regulations are to be listed in the basis for implementation, and no separate matters
are to be listed.
Fourth, where the same law or administrative regulation contains administrative punishment or administrative compulsory matters at the same time, it is listed
separately as one matter.
.
First, in order to avoid repeated references to relevant provisions of laws, administrative regulations and departmental rules in the basis for implementation, the names of matters are determined
in principle in accordance with the provisions of the "articles" or "paragraphs" of laws, administrative regulations and departmental rules.
Second, the specific illegal situations listed in the "Article" or "Paragraph" will no longer be divided into multiple matters
in principle.
Third, specific provisions made by departmental rules within the scope of conduct, types, and ranges of administrative punishments provided for by laws and administrative regulations are to be listed in the basis for implementation, and no separate matters
are to be listed.
Fourth, where the same law or administrative regulation contains administrative punishment or administrative compulsory matters at the same time, it is listed
separately as one matter.
Regarding the basis for implementation, the Guidance Catalogue proposes that the specific provisions of laws, administrative regulations and departmental rules that set up the administrative punishments and administrative compulsory matters listed in the Guidance Catalogue shall be listed in accordance with the principles of completeness, clarity and accuracy; Where the provisions of the cited laws, administrative regulations, and departmental rules have been revised, only the corresponding provisions
after the amendment are included.
after the amendment are included.
The Catalogue of Guidance points out that administrative penalties should be imposed on those who operate and sell spare parts for defective measuring instruments, as well as those who sell and use defective measuring instruments to assemble or repair measuring instruments, shall be subject to administrative punishment, order them to stop business and sales, confiscate the parts and accessories of defective measuring instruments and all illegal gains, and may also impose a fine of not more than 2,000 yuan; where the circumstances are serious, the administrative department for industry and commerce shall revoke their business licenses
.
.
Similarly, the act of appointing personnel who have not obtained metrological verification certificates to carry out metrological verification work by statutory metrological verification institutions; Conduct metrological verification of statutory metrological verification institutions in violation of metrological verification regulations; General negligence in engaging in certification activities for certification bodies, inspection bodies and laboratories related to certification; For inspection and testing institutions that fail to obtain qualification certification in accordance with the law and issue data and results without authorization, the Guidance Catalogue proposes to impose administrative penalties
.
.
For special equipment, the Catalogue also points out the corresponding matters that require administrative penalties, such as administrative penalties for the production, operation and use of special equipment safety management personnel, inspectors and operators who are not equipped with corresponding qualifications; Administrative punishment for special equipment inspection and testing institutions and their inspection and testing personnel who fail to carry out inspection and testing in accordance with the requirements of safety technical specifications; Administrative penalties for special equipment production, inspection and testing institutions that no longer meet the requirements of regulations or safety technical specifications, and continue to engage in special equipment production, inspection and testing
.
.
In addition, the Catalogue also includes relevant administrative penalties in the fields of food, agricultural products, pharmaceuticals and medical devices
.
.
In accordance with the principle of highlighting key points and seeking practical results, the Guiding Catalogue focuses on administrative law enforcement matters in the field of market supervision that are most closely related to market entities and the masses, and strives to solve prominent problems that have a strong response, so that market entities and the masses can truly feel the results of
reform.
The issuance of the Catalogue of Guidance is of great significance to effectively strengthen the source management of administrative penalties and administrative compulsory matters in the field of market supervision, stabilize market expectations, and stimulate the vitality of
market entities.
reform.
The issuance of the Catalogue of Guidance is of great significance to effectively strengthen the source management of administrative penalties and administrative compulsory matters in the field of market supervision, stabilize market expectations, and stimulate the vitality of
market entities.
(Source: General Office of the State Council, Xinhuanet, Chinese Government Website)
