Guarantee-revised administrative punishment law implementation to maintain national rule of law unified dignity authority involved in administrative punishment content normative documents have been completed: 2021-12-0715: 27 Tuesday Source: Rule of Law Daily – Rule of Law Network □ Rule of Law Daily full media Reporter Zhu Ningn officially implemented the amended administrative department penalty method from July 15 this year. The revision was the first comprehensive revision of the law since 1996 in the 25th year.
The amendments to the Administrative Punishment Law are to implement the national government’s major reform decision-making deployment, promote the modernization of national governance systems and governance ability, strengthen the construction of the rule of law, improve the administrative punishment system, and solve the outstanding issues encountered in law enforcement. The reporter has recently learned from the National People’s Congress Standing Committee, in order to ensure the implementation of the revised administrative punishment law, the Ministry of Political Committee fulfilled the re-examination of the filing according to law, carried out regulatory regulations and other normative documents across administrative punishment Special cleanup work. At present, the cleanup work is basically completed.
"Regulatory regulations and other normative documents involved in the special cleaning of administrative punishment is to ensure the implementation of the revised administrative punishment law implementation, and safeguard the unity of national rule of law, involving the vital interests of the masses.
According to Liangying, the director of the National People’s Congress Standing Committee, the Regulations on the Record Charter of the Standing Committee, this cleaning work is mainly concentrated in three aspects: First, under the premise of the development of the administrative punishment, further standardize the administration The level of punishment, supervising the development of the organs to comply with the legislative power limit; the second is to combine the modified content of the administrative punishment method, simple procedures and other modifications, further improve the regulations and regulations, etc. In addition to the investigation of administrative punishment, the relevant departments compared to other relevant previous laws to comprehensively comb.
Self-checking work has achieved obvious special cleaning, the General Office of the National People’s Congress Standing Committee and the Standing Committee of the Standing Committee of the State Council and various provinces, autonomous regions, municipalities and Shenzhen, Zhuhai, Shantou, Xiamen Standing Committee, please Regulations, regulations, regulations and other normative documents of each formulation and approved, carefully find the problem of combing and revising administrative punishment law, do not connect, non-supporting issues, and develop a modified or abolished work plan.
"It is highly valued for this special cleanup, and all relevant parties have attached great importance to it.
"Liang Ying said. According to the feedback from the General Office of the State Council, 31 provinces (autonomous regions, municipalities) and Xinjiang Production and Construction Corps, the State Councils have cleaned up all kinds of rules and administrative normative documents 3200 pieces need to be modified or abolished. Among them, 184 parts of the department, 473 local governments, 426 administrative normative documents of various departments, and 2097 local government administrative normative documents.
According to some local and department cleaning suggestions, the Ministry of Justice has preliminary review, it is recommended to "Regulations on the Implementation Regulations of the People’s Republic of China" Wildlife Protection Regulations on the Implementation Regulations of the People’s Republic of China " 13 administrative regulations such as the Forest Law of the People’s Republic of China "Securities Corporation Risk Disposal Regulations" or to be overtractically considering the issuance of relevant regulations, it is recommended to recommend the "Notice of the General Office of the State Council on Strengthening Environmental Supervision Law" "State Council The Opinions of Major Scientific Research Infrastructure and Large Scientific Research Instruments To Social Opening of Social Openings "" Some Opinions of the General Office of the State Council on Further Improvement of Pharmaceutical Production Circulation Broadcasting "have been studied clean.
According to the cleaning report submitted by the local people, the 812 local regulations and the revised administrative department laws will be inconsistent with the revised administrative penalty method in 31 provinces (autonomous regions, municipalities) and Shenzhen, Zhuhai, Shantou, Xiamen Special Economic Zone. The situation is attached.
Among them, there are 725 local regulations, 82 individual regulations, and 5 economically zone regulations.
Administrative punishment laws for regulating the revision of administrative punishment settings have expanded the provision of administrative penalties for the development of organs.
In the previous mention, supervising the development of the authorities to comply with the legislative authority is one of the key points of this special cleanup work. The revised administrative punishment law expanded the administrative regulations and local regulations, the administrative penalties set permission, stipulated that "laws of violations did not make administrative penalties, administrative regulations for the implementation of law, can supplement administrative punishment" "law, administration Regulations have not made administrative penalties for illegal activities, local regulations are implemented for law, administrative regulations, and can supplement the administrative punishment. "
It is reported that this content has been actively applied to the recent legislative practice. For example, the Shandong Provincial Elderly Education Ordinance is prohibited to prohibit profit lectures training activities such as health, health, investment, collection and other names, and set a warning, confiscation of illegal income and other administrative punishments.
After the revised administrative punishment, the species of administrative punishment was extended from eight categories to thirteen categories. The current laws and regulations have clearly stated that administrative punishment commonly used in administrative law enforcement practice is included in the administrative punishment method, and the increasing report criticism and decrease Qualification level, order shutdown, restrictions on production and operation activities, restrictions such as administrative punishment.
Before the amendment of administrative punishment, some local regulations and regulations have been supplemented as management measures in terms of legal responsibility provisions as management measures in some local regulations and regulations. Therefore, after the revised administrative punishment method sets it to the type of administrative punishment, the regulatory regulations will have the case of the penalty of illegal acts and the inconsistency of the upper method, which exceeds the provisions of the upper position.
At the same time, the revised administrative punishment law will "notify the criticism" "restriction production and operation activities" and "restriction industry", and some normative documents have been given to management measures before this. Article 16 of the Administrative Punishment Law No. 16 "In addition to laws, regulations, regulatory documents, other normative documents must not set up administrative penalties", it is necessary to make a modification or abolition of the formulation. "From cleaning, there are more problems in normative documents.
"Liang Ying said.
Following and improving administrative punishment procedures to regulate administrative penalties is an important part of administrative punishment law. It is reported that some local administrative law enforcement regulations are proposed to conduct comprehensive modifications to the provisions of the relevant procedures of the administrative punishment. The administrative punishment method has been revised, increasing the administrative law enforcement publicity system, law enforcement process record system, and improves major law enforcement to determine the legal audit system; at the same time increase the exhibition of administrative punishment procedures, improve the avoidance system, inform the procedures, simple procedures, etc. content.
Expand the scope of the hearing, will confiscate a large amount of illegal income, confiscate a large value illegal property, reduce the qualification level, order to close, restrictions, and other heavier administrative punishments into the hearing range; and appropriately extend the hearing application period, to effectively solve the hearing The problem is low. By cleaning up discovery, some regulatory rules have a problem of narrowing.
The revised administrative punishment law stipulates that organizations with legal regulations have organizational public affairs functions can implement administrative penalties within the legal authorization.
Some provinces found in the cleanup work, the city local regulations in individual zones gave administrative penalties to enterprises with public management and service functions, and formulated agencies to be modified.
In addition, through the cleaning, it is also found that there is a regulatory rules in practice to confiscate illegal income administrative punishment for illegal income.
Supervise the implementation of the cleaning plan to ensure the fairness and efficiency of administrative law enforcement, in the cleaning process, the formulating organs intended to adjust the relevant expression and the revised administrative punishment law. The revised administrative punishment method uses "punishment" without using the "administrative punishment" expression, the extension of the two is different.
In the cleaning, some provinces have 96 regulations use the "Administrative Status" "Administrative Division" and other expressions, it is necessary to adjust the norm. In addition, some regulatory rules need to be revised to "illegal items" into "illegal property"; some need to revise the "fine receipt" to "dedicated tickets". In order to ensure the temperature of administrative law enforcement, the revised administrative punishment method is improved from a light, alleviating, and does not give administrative punishment, and increase the administrative punishment course.
At the same time, the number of additional administrative punishment methods is increased, and the amount of fines will not exceed the amount of fines. In the cleaning, some local regulations did not specify the upper limit of the additional fines, and the administrative punishment law regulations were not consistent, and modifications were planned. "Next, we will continue to follow into the cleanup work, urge all relevant parties to continue to implement the cleanup plan, guide local and promote the revision of relevant regulations and regulatory documents on time, and effectively protect the implementation of administrative punishment law. Maintain national rule of law unity, dignity and authority.
"Liang Ying said. Editor in charge: Zhang Meixin.