统一认定标准,规范执法行为
Xin Lang Cai Jing·2026-01-29 19:49

Core Viewpoint - The article discusses the introduction of the "Measures for the Identification of Illegal Gains in Market Supervision Administrative Penalty Cases" by the State Administration for Market Regulation, effective from March 20, 2026, aimed at standardizing the identification of illegal gains and enhancing the enforcement of market regulations [3][4]. Group 1: Identification Principles - The new measures clarify the principles for identifying illegal gains, emphasizing that any profits obtained through illegal activities must be confiscated, aligning with the principle that "no one should benefit from their own illegal actions" [3]. - The measures address the existing discrepancies in the identification of illegal gains by providing a balanced approach, allowing for the deduction of reasonable expenses and costs in specific cases [3][4]. Group 2: Operational Guidelines - The measures establish a systematic and practical process for identifying illegal gains, including a dual approach of "legal enumeration + case application" for deductible costs, enhancing clarity and reducing discretionary power during enforcement [4]. - Obligations for parties involved are defined, requiring them to provide complete documentation for legitimate necessary expenses, which addresses challenges in evidence collection faced by enforcement agencies [4]. Group 3: Special Circumstances - The measures include specific rules for common illegal activities, such as price violations and pyramid schemes, allowing for direct identification of illegal gains without complex cost calculations, thus easing the enforcement burden [4]. - For pyramid schemes and other specified violations, the measures stipulate that all income can be considered illegal gains, reinforcing a strict enforcement approach to protect public interests and market order [4].

统一认定标准,规范执法行为 - Reportify