中央纪委国家监委网站 鲍爽 习近平总书记强调，营商环境是企业生存发展的土壤。二十届中央纪委四次全会要求，聚焦吃拿卡要、 冷硬横推、违规收费、趋利性执法等严重影响市场秩序问题，督促纠治整改，促进保持公平公正的市场 环境、风清气正的营商环境。严格规范涉企执法是提高依法行政水平、优化营商环境的重要一环。各地 纪检监察机关立足职能职责，把整治涉企行政执法领域突出问题作为护航优化营商环境的抓手，聚焦存 在的不正之风和腐败问题强化监督执纪问责，既严肃查处个案、形成震慑，又推动行业性、系统性治 理，促进整体提升。 行政执法领域突出问题涉及部门多、范围广，实践中，各地纪检监察机关注重压紧压实各方责任，促进 同向发力，推动多部门、跨层级统筹联动、合力攻坚。 山东省纪委监委机关与省司法厅等部门制定《关于建立纪检监察监督与法治督察、行政复议、行政执法 监督贯通协调机制的实施意见》，明确5个方面12项具体措施，强化信息互通、措施配合、线索移交、 成果共享。潍坊市纪委监委与市司法局定期会商，通报工作情况、研商阶段性重点难点工作，对司法行 政机关在涉企行政执法监督中发现的重点执法领域问题线索，共同会商研判，开展联合调研督导。今年 8月， ...

Core Viewpoint - The Anhui Province Lu'an City Natural Resources and Planning Bureau is enhancing the legal literacy and government transparency capabilities of its staff through immersive legal education by attending a court hearing related to government information disclosure [1] Group 1: Legal Education Initiatives - The bureau organized staff to observe a court case involving a citizen's request for public disclosure of construction project planning, emphasizing the importance of legal compliance in administrative duties [1] - The court hearing allowed participants to witness the litigation process, including evidence presentation and legal debates, thereby gaining a practical understanding of administrative litigation procedures [1] Group 2: Responsibilities and Compliance - The bureau's head actively participated in the court proceedings, highlighting the necessity of fulfilling legal responsibilities regarding information disclosure and asserting that the bureau has complied with relevant laws [1] - The initiative aims to instill a legal mindset among staff, reinforcing the principle that "legal duties must be fulfilled, and actions without authorization are prohibited" [1] Group 3: Future Plans - The bureau plans to continue promoting legal governance through various methods such as court observation, case discussions, and specialized training to integrate legal awareness into all business processes [1]

Core Viewpoint - The article highlights a case of administrative enforcement in a county in Henan, where the local fire rescue team imposed rigid monthly penalties, indicating a shift from public safety to revenue generation in administrative law enforcement [1][2]. Group 1: Administrative Enforcement Issues - The county's fire rescue team set a monthly target for administrative penalties, requiring each street and town to issue at least 2 penalties with fines between 2000-2500 yuan, leading to uniformity in enforcement actions [1]. - The essence of administrative enforcement is to protect public interest and ensure safety, but the focus on revenue generation can lead to selective or excessive enforcement, neglecting real risks [1][3]. Group 2: Government Response and Oversight - The local administrative enforcement supervision bureau intervened quickly upon discovering the issue, issuing a corrective opinion, which reflects the positive role of internal oversight mechanisms [2]. - The Ministry of Justice has highlighted this case as part of a broader initiative to regulate administrative enforcement practices, demonstrating a commitment to lawful administration at the central level [2]. Group 3: Recommendations for Systemic Change - To fundamentally eliminate such issues, reforms are needed at both the institutional and regulatory levels, including strict adherence to the prohibition of profit-driven enforcement and the elimination of penalty quotas [3]. - There is a need to strengthen financial discipline and implement a clear separation of penalty collection and departmental revenue to sever the link between enforcement actions and economic interests [3]. - Enhancing the enforcement assessment system to prioritize quality and public satisfaction over mere quantity is essential for improving enforcement practices [3].

Core Viewpoint - The private economy is a vital force in advancing Chinese-style modernization, and regulating enterprise-related law enforcement and judicial actions is crucial for protecting the rights of private enterprises and boosting market confidence [1][10]. Group 1: Regulatory Actions and Legal Cases - On September 17, the Supreme People's Court and the Ministry of Justice jointly released 10 typical cases aimed at standardizing enterprise-related law enforcement and judicial review, covering various administrative management areas such as administrative licensing and penalties [1][10]. - A case involving 103 companies in Jiangsu Province highlighted the importance of ensuring that administrative decisions do not violate procedural laws, leading to the annulment of a decision that revoked building qualifications due to "major procedural violations" [2][3]. - Another case from Heilongjiang Province addressed the issue of administrative bodies unlawfully adding conditions, emphasizing the principle that "no action without authorization" must be adhered to by administrative enforcement agencies [3][4]. Group 2: Principles of Fair Enforcement - The principle of proportionality in penalties was exemplified in a case involving a traditional Chinese medicine clinic, where the administrative review body reduced penalties based on the clinic's status as a first-time offender and its proactive rectification efforts [4][5]. - A construction company case in Sichuan Province illustrated the necessity of reasonable enforcement actions, where the administrative body was found to have overstepped by equating registration behavior with collusion in bidding, leading to the annulment of the penalty [5][6]. Group 3: Commitment to Promises and Compensation - A landmark case involving a real estate company in Henan Province established that administrative bodies must honor their commitments, resulting in a ruling that mandated the government to pay over 8.41 million yuan in compensation for unfulfilled promises [6][7]. - The case involving a public transport group in Jilin Province reinforced the requirement for administrative bodies to fulfill contractual obligations, with the court ordering the government to continue fulfilling its agreement or face compensation [8][9]. Group 4: Overall Impact and Future Directions - The series of cases collectively signal a strong commitment to supervising administrative bodies to ensure lawful conduct and adherence to promises, aiming to create a stable, fair, and transparent legal environment for private enterprises [10][11]. - The ongoing efforts by courts and administrative review bodies will focus on deepening the regulation of enterprise-related law enforcement and promoting substantive resolutions to administrative disputes, thereby supporting the healthy development of the private economy [10][11].

Group 1 - The core viewpoint emphasizes the continuous improvement of legal governance in Shaanxi Province, focusing on enhancing administrative efficiency and public satisfaction [2][5] - The provincial government has implemented a unified public inquiry platform for policy documents, which has significantly saved time for enterprises in understanding regulations [1] - Shaanxi has established a comprehensive legal review system for major administrative decisions, ensuring legal compliance across all levels of government [3] Group 2 - The provincial judicial department has conducted legality reviews on 279 government documents and 380 administrative normative documents, addressing public and enterprise concerns to optimize the business environment [2][3] - A significant number of legal advisors have participated in legal affairs, with 18,372 instances of involvement reported in the first half of the year [3] - The province has achieved a high compliance rate in administrative dispute resolution, with 91.53% of administrative review facilities meeting standardization requirements [3] Group 3 - Shaanxi has established a collaborative mechanism between government and judicial bodies to enhance the coordination of law enforcement and judicial processes [4] - The response rate for social governance-related judicial suggestions has reached 99.75%, indicating effective communication between various state organs [4] - Training and legal education initiatives have seen increased participation, with over 31,230 civil servants taking part in legal examinations, reflecting a rise in legal awareness [4]

Core Viewpoint - The article emphasizes the need for continuous improvement in the construction of a rule-of-law government, highlighting both achievements and shortcomings revealed by incidents like the "Liangzheng Jie" case [1][5]. Group 1: Incident Overview - The "Liangzheng Jie" incident involved a traffic dispute that escalated due to the actions of the individual involved, leading to significant public outcry and scrutiny [2]. - The individual, Hou, was administratively detained for five days for violating the Public Security Administration Punishment Law, which was generally well-received by the public [2]. Group 2: Issues Identified - There were significant communication failures, as complaints made by the involved parties went unanswered, leading to the escalation of the situation [3][4]. - The initial handling of the incident by law enforcement was criticized for a lack of transparency and accountability, with public information being inadequately managed [4][5]. Group 3: Recommendations for Improvement - The article calls for a more proactive approach to public complaints and better responsiveness from authorities to prevent similar incidents from escalating [4]. - It stresses the importance of transparency in government operations, advocating for the principle of "publicity as the norm, non-publicity as the exception" in handling public events [4]. - The need to uphold the boundaries of public power and protect citizens' rights is highlighted, suggesting that administrative actions must be fair and legally compliant [5].

Core Viewpoint - The "Liangzheng Jie" incident highlights deficiencies in lawful administration and the need for transparency and accountability in public governance [1][3][4] Group 1: Incident Overview - The incident originated from a minor traffic dispute but escalated due to the involved party's attempt to showcase authority, leading to public outrage [1] - The involved party, Hou, was administratively detained for five days for violating the Public Security Administration Punishment Law [1] Group 2: Communication Failures - The involved party's complaints went unanswered, leading to the release of video evidence online [2] - There was a lack of effective communication from local authorities, with media inquiries often ignored [2] Group 3: Information Disclosure Issues - Initial reports from authorities contained errors, such as the omission of the involved party's name while disclosing the other party's full name [2][4] - The public release of vehicle license plate numbers without redaction raised concerns about privacy and potential misuse [4] Group 4: Governance and Legal Framework - The incident underscores the importance of adhering to legal standards in the exercise of public authority and the need for transparency in administrative actions [3][4] - The construction of a law-based government is crucial for modern governance, and ongoing efforts are needed to enhance accountability and protect citizens' rights [4]

Group 1 - The core viewpoint of the news is the release of the 2024 Shandong Court Administrative Trial White Paper, indicating a decrease in various administrative cases filed in the province [1] - In 2024, the total number of new administrative cases received by the courts is 52,881, representing a year-on-year decrease of 6.17% [1] - The new first-instance administrative litigation cases are 23,021, showing a decline of 9.30% compared to the previous year [1] - The second-instance administrative litigation cases increased to 9,716, reflecting a rise of 1.58% year-on-year [1] - The number of appeals for retrial cases decreased to 3,377, down by 8.92% [1] - Non-litigation execution review cases increased to 16,767, marking an increase of 11.33% [1] Group 2 - The data from 2022 to 2024 shows a continuous decline in first-instance administrative cases, with numbers of 26,400, 25,400, and 23,000 respectively [1] - This trend indicates improved awareness of lawful administration and effective resolution of administrative disputes [1] - The number of cases received by administrative review agencies has increased from 16,700 in 2022 to 45,600 in 2024, surpassing the first-instance administrative litigation cases [1] - This reflects the growing significance of administrative review as a primary channel for dispute resolution [1] Group 3 - The high attendance rate of administrative agency heads in court has been maintained, indicating increased attention from government and functional departments towards administrative litigation [2] - The practice of agency heads appearing in court has become normalized and institutionalized in Shandong province [2]

Core Insights - The number of new administrative review cases received by administrative review agencies across the country reached 749,600 in 2024, representing a year-on-year increase of 94.7% [1] - A total of 641,000 administrative review cases were concluded, marking an 82.1% year-on-year growth [1] - 90.3% of cases that underwent administrative review did not proceed to litigation or petition processes [1] Group 1: Administrative Review Performance - Administrative review agencies effectively resolved disputes through mediation and reconciliation, concluding 168,000 cases via these methods, with a settlement rate of 26.3% [1] - 44,000 administrative disputes were resolved through self-correction by law enforcement agencies, achieving early detection and resolution [1] - Administrative review agencies corrected 58,000 unlawful or improper administrative actions, with a direct correction rate of 12.1% [1] Group 2: Supervision of Administrative Law Enforcement - Administrative review agencies intensified supervision of unlawful and improper law enforcement actions affecting enterprises, correcting over 6,500 such cases [2] - The issuance of administrative review opinions and recommendations helped address common issues in enterprise-related law enforcement [2] - Collaborative efforts with business associations and chambers of commerce facilitated the mediation and resolution of 19,000 cases, providing significant relief to enterprises [2]

Core Viewpoint - The article highlights the ongoing struggles of a private car service company in Longlin County, Guangxi, facing bureaucratic obstacles despite winning multiple legal battles against local government decisions [2][3][4]. Group 1: Company Challenges - The private car service company entered the Longlin market in 2020 and initially assisted the local government in addressing issues with unregulated passenger tricycles and motorcycles [2]. - After receiving initial approval for new vehicle applications, the company faced unexpected delays and rejections from local authorities, citing market saturation as a reason [2]. - Despite court rulings in favor of the company, local government agencies continued to deny requests, undermining the authority of judicial decisions and leading to a perception that legal victories do not translate into market access [3]. Group 2: Government and Legal Environment - The article discusses the lack of effective execution of court rulings, with the local government providing new reasons for denial that reference outdated regulations [3]. - The change in local government leadership appears to have influenced the shift in attitude towards the company, reflecting a broader issue of "new officials ignoring old policies" [3][4]. - The upcoming implementation of the Private Economy Promotion Law aims to protect private enterprises from arbitrary government actions and emphasizes the need for adherence to legal frameworks [4].