国家互联网信息办公室发布《网信部门行政处罚裁量权基准适用规定》

Core Points - The National Internet Information Office has released the "Regulations on the Application of Discretionary Power in Administrative Penalties by Cyber Information Departments," effective from August 1, 2025 [1] - The regulations define the discretionary power in administrative penalties as a detailed and quantified enforcement standard based on various factors such as the nature of the violation, social harm, and the subjective fault of the parties involved [1] - The regulations emphasize principles such as legal uniformity, fairness, proportionality of punishment, and a combination of punishment and education in the application of discretionary power [1] Summary by Categories Administrative Penalty Discretion - The discretionary power is categorized into no penalty, reduced penalty, lighter penalty, general penalty, and heavier penalty, with specific applicable circumstances outlined for each category [1] - If a violation does not meet the criteria for no penalty, reduced penalty, lighter penalty, or heavier penalty, a general penalty should be imposed [1] Local Implementation - Local cyber information departments at various administrative levels are allowed to formulate their own discretionary power standards based on local conditions [1] - Higher-level cyber information departments are responsible for supervising the exercise of discretionary power by lower-level departments through inspections and evaluations of administrative enforcement cases [1]