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新华社快讯:今年1至8月各地涉企行政检查数量同比普遍下降30%以上
Xin Hua She· 2025-09-08 03:02
Core Viewpoint - The Ministry of Justice is implementing a special action to regulate administrative law enforcement related to enterprises, focusing on addressing prominent issues raised by businesses and the public, achieving preliminary results [1] Group 1: Administrative Law Enforcement Actions - The Ministry of Justice has initiated a special action to standardize administrative law enforcement concerning enterprises [1] - The action targets issues such as arbitrary charges, fines, inspections, closures, and improper enforcement practices [1] - From January to August this year, the number of administrative inspections related to enterprises has decreased by over 30% year-on-year [1] Group 2: Effectiveness of Inspections - Despite the reduction in the number of inspections, the rate of problem discovery has increased by an average of 16 percentage points [1] - This indicates a significant improvement in the precision and effectiveness of administrative inspections [1]
我省多维度发力规范涉企行政执法
Liao Ning Ri Bao· 2025-08-26 01:04
Group 1 - The core viewpoint emphasizes the importance of standardized administrative law enforcement related to enterprises, which directly impacts the survival and development of business entities and regional economic vitality [1] - A special action has been launched to regulate administrative law enforcement involving enterprises, focusing on "standardized law enforcement and serving enterprises" to address issues like arbitrary charges, fines, inspections, and seizures [1] - The integration of administrative law enforcement supervision with disciplinary inspection and supervision is promoted to enhance the standardization of law enforcement related to enterprises [1] Group 2 - Regulatory measures are becoming more standardized, with a focus on building data supervision models to shift law enforcement supervision from "experience judgment" to "data decision-making" [2] - Various cities are implementing specific measures, such as Yinkou City identifying 68 non-compliant cases from over 5,000 enforcement data entries, and Chaoyang City establishing a dynamic monitoring mechanism for enterprise penalties [2] - The province is addressing the issue of excessive inspections reported by enterprises by creating a unified administrative inspection mechanism, leading to a 45% reduction in inspection items in Benxi City [2] Group 3 - A multi-channel complaint network has been established to facilitate enterprise feedback, combining online and offline methods to ensure comprehensive coverage of enterprise demands [3] - The provincial judicial department has released a survey to gather opinions on administrative inspections involving enterprises, while Shenyang City has integrated various complaint channels for efficient issue resolution [3] - Multiple provincial departments have set up mechanisms for rapid response to identify and rectify problems in the law enforcement process [3]
公司在支付拖欠工资后仍遭顶格处罚,法院裁定不予执行
Xin Jing Bao· 2025-08-12 07:08
Group 1 - The core viewpoint emphasizes the importance of regulating administrative law enforcement related to enterprises, focusing on the rectification of arbitrary charges, fines, inspections, and closures [1] - The Supreme People's Court has issued a notice to enhance judicial review of administrative cases in key areas such as market access, administrative penalties, and administrative enforcement [1] - A typical case was highlighted where a decoration company in Shanxi Province was penalized for failing to pay overdue wages to workers, illustrating the enforcement of labor laws [1][2] Group 2 - The local human resources and social security bureau imposed a fine of 20,000 yuan on the decoration company for not settling the overdue wages within the specified period, despite the company having paid the owed wages shortly after the deadline [2] - The court ruled against the enforcement of the fine, stating that the penalty was unfair given that the company had settled its debts before the penalty decision was made [2] - The Supreme Court emphasized the need for government departments to ensure compliance with labor laws while balancing enforcement with fairness and understanding [3]
加强涉企行政复议工作,三部门联合发文
Xin Hua She· 2025-08-08 02:05
Core Viewpoint - The Ministry of Justice, in collaboration with the National Development and Reform Commission and the All-China Federation of Industry and Commerce, has issued guidelines to enhance the administrative review process, aiming to improve the regulatory environment for enterprises and support high-quality economic development [1][2]. Group 1: Administrative Review Guidelines - The guidelines aim to strengthen the supervisory role of administrative reviews in regulating enterprise-related law enforcement and resolving administrative disputes involving enterprises [1]. - The initiative is part of a significant decision by the central government to standardize administrative law enforcement related to enterprises [1]. - The guidelines include 22 specific measures across seven areas to enhance the effectiveness of administrative reviews and improve the quality of administrative law enforcement for enterprises [1]. Group 2: Case Studies and Implementation - Ten typical cases have been jointly released by the three departments, showcasing the successful implementation of administrative reviews that support high-quality enterprise development [2]. - These cases serve as a model for local administrative review institutions and management departments to enhance collaboration and effectively resolve administrative disputes involving enterprises [2]. - The initiative aims to ensure equal legal protection for various business entities and improve the overall level of administrative law enforcement related to enterprises [2].
三部门:进一步发挥行政复议监督职能 规范涉企行政执法
Xin Hua Wang· 2025-08-07 12:24
Core Viewpoint - The Ministry of Justice, in collaboration with the National Development and Reform Commission and the All-China Federation of Industry and Commerce, has issued guidelines to enhance administrative review supervision and standardize administrative law enforcement related to enterprises, aiming to create a market-oriented, law-based, and international business environment to support high-quality economic development [1][2] Group 1 - The guidelines aim to strengthen the role of administrative review in regulating enterprise-related law enforcement and resolving administrative disputes involving enterprises [1] - The initiative is part of a significant decision by the central government to promote high-quality development for enterprises through standardized administrative law enforcement [1] - The guidelines include 22 specific measures across seven areas to improve administrative review processes and enhance the quality of administrative law enforcement for enterprises [1] Group 2 - Ten typical cases have been jointly released by the three departments, showcasing the successful implementation of administrative review services for high-quality enterprise development [2] - These cases serve as a demonstration for local administrative review institutions and enterprise-related administrative departments to enhance collaboration and effectively handle administrative review cases [2] - The initiative aims to ensure equal legal protection for various business entities and improve the overall level of administrative law enforcement related to enterprises [2]
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].
三部门:纠正小错重罚、以罚增收等涉企罚款突出问题
Ren Min Ri Bao· 2025-08-07 11:02
Core Points - The Ministry of Justice, in collaboration with the National Development and Reform Commission and the All-China Federation of Industry and Commerce, has issued the "Guiding Opinions on Further Leveraging Administrative Review Supervision Functions to Regulate Administrative Law Enforcement Related to Enterprises" [1] - The Guiding Opinions propose 22 specific measures aimed at regulating administrative law enforcement affecting enterprises, focusing on enhancing the supervision of administrative review [1][2] Group 1 - The Guiding Opinions emphasize the need to strengthen the review of normative documents related to enterprises, particularly those that impact the construction of a unified national market and hinder fair competition among various business entities [1] - There is a focus on addressing significant issues related to administrative fines, including excessive penalties, penalties without discretionary standards, and cross-regional enforcement [1] - The Opinions also highlight the importance of correcting administrative agencies' failure to fulfill agreements and arbitrary changes to administrative commitments, thereby protecting the legitimate rights and interests of enterprises [1] Group 2 - The Guiding Opinions require close monitoring of administrative actions closely related to enterprise operations, such as administrative penalties, licenses, and expropriations, to ensure the correction of unlawful or improper administrative behaviors that infringe on enterprises' legal rights [2]
司法部:加强涉企罚款突出问题治理 加大涉企政务失信监督力度
Yang Shi Wang· 2025-08-07 09:51
Core Viewpoint - The recent issuance of the "Guiding Opinions" and "Typical Cases" aims to enhance administrative review supervision and standardize administrative law enforcement related to enterprises, promoting a fair and transparent business environment in line with the upcoming Private Economy Promotion Law effective from May 20, 2025 [1][4]. Group 1: Guiding Opinions - The "Guiding Opinions" outline 22 specific measures across seven areas to strengthen administrative review work and improve the quality of administrative law enforcement related to enterprises [1][6]. - The overall approach emphasizes the implementation of the newly revised Administrative Review Law and aims to enhance the capacity to resolve administrative disputes involving enterprises [5][6]. - Key areas of focus include strengthening supervision over administrative penalties, enhancing the capacity for administrative dispute resolution, and promoting collaboration among various administrative bodies [6][8]. Group 2: Typical Cases - The release of 10 typical cases demonstrates the effectiveness of administrative review in resolving disputes and protecting the legal rights of various business entities [2][11]. - These cases highlight the commitment to correcting unlawful administrative actions, such as arbitrary fines and fees, and ensuring that administrative bodies adhere to their commitments [11]. - The cases also illustrate the use of mediation and resolution mechanisms to effectively address conflicts within the administrative review process, fostering a cooperative approach among different departments [11].
无事不扰企 “码”上更便利——广东规范涉企行政执法检查开新篇
Xin Hua She· 2025-07-30 13:58
Core Viewpoint - The article emphasizes the importance of strictly regulating administrative inspections related to enterprises as a means to enhance legal administration, optimize the business environment, and stabilize market expectations [1] Group 1: Administrative Inspection Regulation - Since March, the Ministry of Justice has initiated a special action to standardize administrative law enforcement related to enterprises, with significant attention and progress from various regions and departments [1] - The Guangdong province has implemented a "code scanning" reform for administrative inspections, requiring enforcement personnel to verify their identity through a generated QR code before entering enterprises [2] - The special action has led to the identification of 1.17 million cases from January 1, 2024, to April 30, 2025, with 12,945 abnormal data points related to high inspection frequency and penalties being addressed [2] Group 2: Digital and Non-Site Enforcement - The Guangdong province is leveraging digital platforms like "Yue Law" to enhance administrative enforcement and supervision, ensuring that all actions are traceable and recorded [2] - The implementation of non-site enforcement methods has been formalized, allowing for inspections without physical presence, thereby reducing disruption to business operations [5] - The "non-site enforcement" approach is being applied in various sectors, including food safety and construction noise regulation, promoting a more efficient and less intrusive regulatory environment [5] Group 3: Flexible Enforcement and Business Support - A flexible enforcement mechanism has been introduced, allowing for leniency in cases of minor violations, which aims to prevent punitive measures from being the sole response to non-compliance [6] - Local governments, such as in Jiangmen, are adopting measures to avoid excessive penalties and ensure that administrative actions are proportionate to the violations [6] - Business feedback indicates a noticeable reduction in inspection frequency and improved communication between government and enterprises, contributing to a more favorable legal business environment [6]
湖南、河北规范涉企行政执法 不断优化营商环境 检查不扫码 企业可说“不”
Ren Min Ri Bao· 2025-07-28 22:01
Group 1 - A cross-departmental joint inspection action was launched in Hunan by the National Pipeline Network Group, focusing on safety production, occupational health, and environmental protection [1] - The inspection process includes real-time tracking and evaluation of issues identified during the checks, significantly reducing the time required for enterprises to prepare for inspections [1] - The Ministry of Justice has initiated a special action to standardize administrative law enforcement related to enterprises, aiming to reduce burdens on businesses and enhance the efficiency of law enforcement [1] Group 2 - In Hebei, a construction company reported being inspected five times in one month, leading to the establishment of a cooperation mechanism between the provincial judicial department and the data service bureau to address such issues [2] - The Hebei Provincial Judicial Department has expanded its supervision channels to include eight methods for collecting administrative law enforcement issues, resulting in 1,658 reported cases [2][3] - The focus is on timely investigation and resolution of administrative law enforcement issues affecting enterprises and the public [3] Group 3 - In Changsha County, Hunan, a pilot program was initiated to standardize inspections in the logistics industry, breaking down inspection items into 46 quantifiable indicators [4] - A total of 891 inspection items have been publicly disclosed, clarifying enforcement authority and ensuring transparency in the inspection process [4] - The county has implemented comprehensive administrative law enforcement reforms since 2011, consolidating multiple enforcement powers into a single administrative enforcement bureau [5] Group 4 - The "Hunan Province Optimization of Business Environment Regulations" will take effect on January 1, 2025, aiming to limit annual inspections to no more than two for the same entity [6] - The regulations emphasize the need to clarify enforcement responsibilities and reduce arbitrary inspections [6] Group 5 - In Hebei, the "scan to enter the enterprise" system has been implemented, requiring administrative law enforcement personnel to scan a QR code on the business license before conducting inspections [7] - This system enhances transparency and standardization in inspections, allowing businesses to focus on development [7] - The province is advancing the construction of a provincial-level information platform to improve the efficiency of administrative inspections [7] Group 6 - Changsha's transportation department has integrated inspection with service, introducing a "pre-appointment health check" mechanism to guide enterprises in compliance rather than imposing penalties [8] - The approach has led to a 78% reduction in recurring issues and a 40% improvement in emergency response efficiency [8] - The city aims to create a legal business environment characterized by minimal disruption and responsive governance [8]