规范涉企执法
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【社论】规范涉企执法,让企业轻装上阵
Sou Hu Cai Jing· 2025-05-22 16:29
对于职能部门,明确了专项行动的目标,也就竖起了公正文明执法的信标,在具体操作中,工作人员可 以"按图索骥",更加精准、高效地锁定和查处"乱收费、乱罚款、乱检查、乱查封"等问题。而将各种典 型问题归纳"集成",划定了更加醒目的权力界线,既表明了纠正乱象、监管权力的决心态度,也震慑 了"寻租者",手莫伸、伸手必被捉。 规范涉企行政执法行为,必须下猛药、祛顽疾。从长远来看,还需要强化源头治理,加快立法进程,修 订行政处罚法、价格法等法律,以及涉企收费违法违规行为处理办法等配套性法规,避免收费政策"带 病运行",真正用制度的笼子关住权力。 不仅要规范涉企执法、持续优化营商环境,相关部门更要帮助企业发展,当好服务企业的"店小二"。明 确开展涉企行政执法专项行动目标,与法治政府相向而行,迈出了服务市场、扶助企业的重要一步。 规范涉企执法工作被三令五申,一提再提。去年年底召开的中央经济工作会议,就明确提出"开展规范 涉企执法专项行动";今年的政府工作报告,也将开展规范涉企行政执法专项行动作为一项重要任务。4 月25日召开的中共中央政治局会议,对此又予以强调,"加快全国统一大市场建设,扎实开展规范涉企 执法专项行动"。 一项 ...
事关涉企粗暴执法 司法部:正研究制定《行政执法行为规范》
Zheng Quan Ri Bao Wang· 2025-05-22 08:00
Core Viewpoint - The special action to standardize administrative law enforcement related to enterprises aims to protect the legitimate rights and interests of private enterprises and entrepreneurs, ensuring a fair and lawful business environment [1][2]. Group 1: Overview of the Special Action - The special action was launched nationwide since March, with 6,232 problem clues collected and 5,246 cases urged for handling by May 21 [1]. - The total amount involved in the rectified cases reached 335 million yuan, recovering losses of approximately 9.88135 million yuan for enterprises [1]. Group 2: Legislative and Regulatory Framework - The implementation of the "Law on Promoting the Private Economy" on May 20 further clarifies the legal principles and institutional basis for standardizing administrative law enforcement [1]. - The action is a significant measure to implement the decisions of the Central Committee and the State Council, aiming to enhance the legal requirements for law enforcement [2]. Group 3: Specific Measures and Strategies - The action will focus on key areas, including strict investigation of unauthorized fees and charges by government departments and associations, as well as ensuring compliance in policy reviews [3]. - A monitoring platform for enterprise-related fees will be established to identify potential risks, and a mechanism for sharing and quickly addressing problem clues will be developed [3]. - The revision of the "Price Law" and the introduction of regulations on handling illegal fee behaviors are planned to strengthen legal guarantees and deter violations [3]. Group 4: Enforcement Personnel and Standards - The quality and capability of law enforcement personnel are crucial for the effectiveness of the enforcement actions, with efforts underway to establish clear norms for administrative law enforcement behavior [4].
司法部:纠治徇私枉法、吃拿卡要等乱象 整治问题涉案金额已达3.35亿元
2 1 Shi Ji Jing Ji Bao Dao· 2025-05-22 06:02
Core Viewpoint - The article discusses the ongoing nationwide special action to regulate administrative law enforcement related to enterprises, aiming to address issues such as arbitrary fees, fines, and biased enforcement practices that have been detrimental to businesses [1][2]. Summary by Relevant Sections Special Action Overview - The special action, initiated in March, is organized by the Ministry of Justice to address prominent issues raised by enterprises, focusing on precise supervision and effective rectification [1][2]. - Key areas of concern include arbitrary fees, fines, illegal enforcement practices, and profit-driven law enforcement behaviors [1][2]. Issues Identified - The action targets four main issues: arbitrary fees and fines, illegal enforcement practices, inconsistent enforcement standards, and abuse of power by law enforcement officials [2][3]. - As of May 21, 2023, a total of 6,232 problem cases have been reported, with 5,246 cases being addressed, recovering approximately 98.81 million yuan for affected enterprises [2]. Government and Regulatory Actions - The government is committed to strict oversight of unauthorized fee imposition by government departments and associations, as well as ensuring compliance in various sectors such as transportation and utilities [4][5]. - There is a focus on comprehensive policy reviews to eliminate non-compliant fee structures and to ensure new policies are free from violations [5][6]. Law Enforcement Improvements - The Ministry of Justice emphasizes the need for better management, training, and supervision of law enforcement personnel to prevent issues like arbitrary and mechanical enforcement [7][8]. - A new management approach for law enforcement personnel is being developed to ensure that only qualified individuals are allowed to enforce laws, alongside regular training to enhance their capabilities [7][8]. Future Directions - The Ministry plans to intensify supervision of problem rectification and will conduct periodic evaluations of the effectiveness of the special action [3]. - There will be a focus on establishing a robust regulatory framework to deter violations and protect the rights of enterprises [6][8].
民营经济促进法实施 司法部整治乱收费、趋利执法等4类问题
2 1 Shi Ji Jing Ji Bao Dao· 2025-05-22 06:02
Core Viewpoint - The article discusses the recent initiatives taken by the Chinese government to regulate law enforcement practices related to enterprises, particularly focusing on the implementation of the "Private Economy Promotion Law" and a nationwide special action to rectify issues such as arbitrary fees and fines, and profit-driven law enforcement [2][3][5]. Group 1: Regulatory Actions - A nationwide special action to standardize law enforcement related to enterprises has been launched since March, aiming to address issues like arbitrary fees, fines, and profit-driven enforcement [2][5]. - The "Private Economy Promotion Law," effective from May 20, establishes legal principles for regulating law enforcement practices concerning enterprises [2][3]. - The law emphasizes the need for administrative agencies to adhere to lawful practices, minimizing disruptions to normal business operations and ensuring timely responses to legitimate business concerns [3][4]. Group 2: Key Issues Addressed - The special action targets four main issues: arbitrary fees and fines, illegal cross-regional enforcement, inconsistent enforcement standards, and abuse of power by law enforcement officials [5][6]. - Specific sectors identified as high-risk for enforcement issues include food and drug safety, natural resources, environmental protection, safety production, urban management, and transportation [5][6]. Group 3: Institutional Support and Mechanisms - To prevent the special action from being a temporary measure, the government plans to establish comprehensive regulatory frameworks, including administrative enforcement supervision regulations [6][7]. - The government is also working on specific rules to address recurring and complex enforcement issues, particularly concerning cross-regional enforcement practices [6][7]. - There is a commitment to strengthen the implementation of existing regulations regarding enforcement procedures and the limits of administrative discretion [7].
司法部:规范涉企执法专项行动在全国全面推开 纠治四类突出问题
Yang Shi Wang· 2025-05-22 02:57
Core Points - The special action to standardize administrative law enforcement involving enterprises is a significant decision made by the Central Committee of the Communist Party of China, aimed at optimizing the business environment and protecting the legitimate rights of enterprises [1][2] - The action focuses on addressing prominent issues reported by enterprises, including arbitrary charges, inconsistent enforcement standards, and abuse of power by law enforcement officials [2][4] Group 1 - The special action aims to enhance supervision and rectify issues such as arbitrary fees, fines, inspections, and enforcement behaviors that harm enterprises [2][3] - The initiative involves multiple departments and levels, requiring coordinated efforts to effectively address the identified issues [3][4] - As of May 21, 2025, the action has gathered 6,232 problem leads and has prompted the handling of 5,246 cases, recovering approximately 9.88 million yuan for enterprises [4] Group 2 - The action emphasizes a problem-oriented approach, targeting key issues and areas that significantly impact enterprises [2][3] - The government plans to strengthen oversight and conduct evaluations to ensure the effectiveness of the special action, aiming to meet the expectations of enterprises and the public [4] - The initiative is framed as a crucial political task, with a focus on improving the legal environment for enterprise development [4]
司法部副部长胡卫列:对规范涉企执法突出问题、典型案件 视情况进行重点督办或提级办理
news flash· 2025-05-22 02:24
Core Viewpoint - The Ministry of Justice is intensifying efforts to address issues in enterprise-related law enforcement, acknowledging that current actions have only partially met the expectations of businesses and the public [1] Group 1 - The Ministry of Justice's special action to standardize enterprise-related law enforcement is still in its preliminary stages [1] - There is a recognized gap between the current outcomes of law enforcement standardization and the expectations of enterprises and the public [1] - The Ministry plans to enhance supervision over the rectification of issues and will prioritize certain cases for focused oversight or elevated handling based on the situation [1]
司法部:规范涉企执法专项行动在全国范围内推开,聚焦纠治四类问题
news flash· 2025-05-22 02:16
司法部:规范涉企执法专项行动在全国范围内推开,聚焦纠治四类问题 金十数据5月22日讯,司法部副部长胡卫列在国新办发布会上表示,今年3月以来,规范涉企执法专项行 动在全国范围内全面推开,聚焦纠治四类问题:一是乱收费、乱罚款、乱检查、乱查封问题;二是违规 异地执法和区域性执法行为;三是执法标准不一致、要求不统一,加重企业负担的行为;四是滥用职权 徇私枉法,该罚不罚、吃拿卡要、粗暴执法等违反执法规范要求的行为。胡卫列表示,这些问题涉及面 广,危害性大,企业反映最为强烈和集中。此次专项行动能否取得成效,关键就在于这些问题能否得到 真正的纠治。 (中国网) ...
一财社论:规范涉企执法要紧抓重点、坚实长远法治基础
Di Yi Cai Jing· 2025-05-20 12:28
Core Viewpoint - The article emphasizes the importance of establishing a legal framework to address fundamental issues in enterprise-related law enforcement, highlighting the government's commitment to rectify irregularities in administrative practices affecting businesses [1][2]. Group 1: Government Actions - The National Development and Reform Commission announced a special action to regulate enterprise-related law enforcement, aiming to prevent irregularities such as excessive fees, fines, inspections, and seizures [1]. - The Central Political Bureau meeting on April 25 stressed the importance of implementing this special action, indicating high-level governmental attention to the issue [1]. - Various departments and local governments are rolling out measures to address prominent issues raised by businesses, particularly private enterprises [1]. Group 2: Legal Framework and Enforcement - The Ministry of Justice clarified that the special action is a long-term process, with specific requirements and tasks outlined in government documents [1][2]. - The special action will focus on addressing long-standing administrative enforcement issues that have been reported by enterprises, providing opportunities for redress [2]. - The initiative will also involve disciplinary actions against responsible individuals, enhancing accountability and deterrence [2]. Group 3: Integration with Anti-Corruption Efforts - The special action is closely linked to the Central Commission for Discipline Inspection's anti-corruption campaign, with both initiatives targeting similar enforcement issues [2]. - A collaborative mechanism will be established between the special action and local disciplinary inspection departments to ensure effective data sharing and case handling [2]. Group 4: Legal Protections for Enterprises - The article highlights that the rule of law is essential for maintaining a fair market order and protecting the legitimate rights of enterprises [3]. - The newly implemented Private Economy Promotion Law serves as a legal foundation to safeguard the rights of private enterprises and their operators [2][3]. - The focus of the special action is not to relax regulations but to ensure equitable treatment of all economic entities, reinforcing the principle of equal legal protection [3].
江苏以有力监督护航民营经济“加速跑” 为政策落实破障 为涉企服务清阻
Xin Hua Ri Bao· 2025-05-20 01:04
Group 1 - Jiangsu Jiatai Evaporation Equipment Co., Ltd. has experienced a significant reduction in administrative inspections, allowing more focus on business development due to the "one enterprise, one inspection" reform implemented by the Nanjing Lishui District [1] - The province is a major hub for private enterprises, with measures introduced to enhance political supervision and address corruption affecting private businesses, thereby optimizing the business environment for high-quality development [1] - Nine Dragons Paper (Taicang) Co., Ltd. is investing 5 billion yuan in a special materials project, expected to produce 1 million tons of specialty paper annually with an estimated annual output value of 8.5 billion yuan, although project delays are occurring due to environmental assessment and coordination issues [1] Group 2 - The Taicang City Discipline Inspection Commission has initiated a "help agency" process to expedite the construction permit for the Nine Dragons project, resulting in the project starting over a month earlier than expected [2] - Continuous efforts are being made by various levels of discipline inspection and supervision agencies to streamline the administrative process and enhance the business environment, including the establishment of a contact point system for enterprises [2][3] - The implementation of a new management system in Suqian City has facilitated data sharing and simplified inspection processes, benefiting over 5,000 enterprises and leading to numerous joint inspections [3] Group 3 - The provincial discipline inspection agencies are focusing on rectifying illegal and improper enforcement actions that hinder business operations, promoting a more standardized and effective regulatory environment [3][4] - The emphasis on systemic governance aims to address institutional barriers and improve the overall support for private economic development [4] - The Jinhu County Discipline Inspection Commission has identified issues in the employment and entrepreneurship sector, leading to recommendations for improving training programs relevant to local industries [5] Group 4 - The focus on improving the conduct of officials is crucial for enhancing the business environment, with initiatives encouraging proactive engagement with private enterprises [5] - The establishment of a mechanism for accountability and error correction is intended to foster a more supportive relationship between government officials and businesses [5]
如何提高涉企执法检查的精准度?
Zhong Guo Huan Jing Bao· 2025-05-19 05:44
Core Points - The government is focusing on standardizing administrative inspections related to private enterprises, aiming to create a more law-based business environment for companies [1][2] - There is a shift in enforcement philosophy from pure regulation to a combination of regulation and service, encouraging companies to comply with laws voluntarily [2][3] - The establishment of a more scientific evaluation system for enforcement effectiveness is emphasized to improve the quality and outcomes of administrative inspections [3] Group 1: Regulatory Framework - The 20th Central Committee proposed to standardize administrative inspections involving private enterprises, with a focus on preventing illegal and profit-driven enforcement [1] - The government work report highlighted the need for a special action to regulate enterprise-related law enforcement, ensuring that inspections are neither excessive nor lacking [1] Group 2: Enforcement Philosophy - The enforcement approach is transitioning to include service elements, such as using automatic monitoring data to alert companies about potential violations, thereby encouraging proactive compliance [2] - Differentiated regulation is being implemented, where severe violations are strictly punished while minor infractions may receive leniency, fostering a more supportive environment for businesses [2] Group 3: Evaluation and Training - A new evaluation system for enforcement effectiveness will include metrics like problem discovery rates and non-site inspection rates, guiding enforcement personnel to focus on real issues [3] - Training for enforcement personnel is being enhanced to address legal and technical shortcomings, thereby improving the overall professionalism and capability of the enforcement team [3]