司法部等印发《关于进一步发挥行政复议监督职能 规范涉企行政执法的指导意见》和《行政复议监督规范涉企行政执法典型案例》

Core Viewpoint - The Ministry of Justice, the National Development and Reform Commission, and the All-China Federation of Industry and Commerce have jointly issued guidelines to enhance administrative review supervision and standardize administrative law enforcement related to enterprises, aiming to create a stable and transparent environment for the development of the private economy [1][3]. Group 1: Overall Requirements - The guidelines emphasize the importance of implementing the spirit of the 20th National Congress of the Communist Party of China and the new revised Administrative Review Law to improve the administrative review system for enterprises and enhance the quality and efficiency of administrative review work [4]. Group 2: Key Focus Areas for Administrative Review Supervision - There is a focus on addressing issues related to excessive fines imposed on enterprises, ensuring that administrative penalties are fair and justified [5]. - The guidelines call for increased supervision of government trustworthiness in administrative agreements and procurement processes to protect the legitimate rights and interests of enterprises [5]. - The review process will closely monitor administrative actions that significantly impact enterprise operations, such as administrative penalties and licenses [5]. Group 3: Enhancing Administrative Review Capacity - The guidelines propose improving the accessibility of administrative review applications for enterprises by establishing service points in areas with high enterprise density [7]. - There is an emphasis on streamlining the administrative review acceptance mechanism to reduce the burden on enterprises when submitting applications [7]. - The promotion of online administrative review processes is encouraged to facilitate easier participation for enterprises [7]. Group 4: Resolving Administrative Disputes - The guidelines advocate for a communication mechanism in administrative review cases to ensure that enterprises' opinions are heard and considered [9]. - There is a strong emphasis on mediation and resolution of disputes before and during the administrative review process, leveraging the role of industry associations [9]. - A multi-faceted dispute resolution mechanism is proposed to provide low-cost and diverse options for enterprises [10]. Group 5: Improving Administrative Review Effectiveness - The guidelines stress the need for standardizing administrative review cases to address common enforcement issues and improve overall enforcement quality [11]. - A mechanism to prevent administrative disputes is to be established, focusing on various sectors such as land use and product quality [12]. - Coordination among administrative review institutions and other relevant departments is essential to ensure consistent handling of administrative disputes [12]. Group 6: Promoting Administrative Review through Case Studies - The guidelines encourage the organization of hearings for administrative review cases to enhance the understanding of legal compliance among enforcement agencies [13]. - The publication of typical administrative review cases is intended to serve as a model for improving enforcement practices [13]. - Joint discussions on prominent enforcement issues are to be held to address problems such as abuse of discretion and unfair enforcement [13]. Group 7: Building Collaborative Efforts in Administrative Law Enforcement - A feedback mechanism for administrative review cases is proposed to gauge enterprise satisfaction and identify unresolved issues [15]. - Joint research and communication with enterprises are encouraged to enhance the effectiveness of administrative law enforcement [15]. - The guidelines aim to create a collaborative environment for administrative review supervision, ensuring a unified approach to enforcement [15].