乐见遏制趋利性执法新举措 | 经观社论

Core Viewpoint - The recent joint initiative by market regulatory authorities in Jiangsu, Zhejiang, Shanghai, and Anhui aims to establish a regional collaborative mechanism to regulate cross-regional law enforcement, particularly addressing the issue of "ocean fishing" style enforcement, which has been detrimental to the private economy and business environment [1][2]. Group 1: Regulatory Measures - The document titled "Eight Measures" is recognized as the first regional collaborative mechanism in the country targeting "ocean fishing" style law enforcement [1]. - The measures include clarifying the concept of cross-regional law enforcement, standardizing case collaboration procedures, and requiring prior notification and accompaniment during enforcement actions [2]. - The initiative emphasizes the need to avoid excessive administrative coercive measures and unify administrative penalty discretion to optimize the business environment [2]. Group 2: Financial Pressures and Enforcement Behavior - The tendency for profit-driven enforcement is closely linked to the financial pressures faced by certain regions, particularly economically underdeveloped areas [3]. - Data indicates that regions with greater fiscal pressure tend to see a faster increase in penalty and confiscation revenues, leading to a higher likelihood of profit-driven enforcement behavior [3]. - Some enforcement agencies justify their actions as a means of generating revenue for local finances, which raises concerns about the legitimacy of such enforcement practices [3]. Group 3: Legal and Ethical Considerations - The legitimacy of enforcement power must stem from lawful administration, and any actions driven by non-statutory goals, such as revenue generation, contradict the spirit of the rule of law [4]. - The document highlights the need for scientific governance methods to alleviate local fiscal pressures without compromising market fairness and citizen rights [4]. - The "grab-type" enforcement mentality is seen as incompatible with market economy principles, which emphasize contract spirit, fair regulation, and a legal environment [4].