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监督涉企执法突出问题,行政复议被寄予厚望
Xin Jing Bao· 2025-08-08 08:34
Group 1 - The Ministry of Justice, National Development and Reform Commission, and All-China Federation of Industry and Commerce have jointly issued guidelines to enhance the supervision of administrative law enforcement related to enterprises [1][3] - The guidelines emphasize five key areas of supervision, including issues related to administrative dishonesty towards enterprises, review of normative documents, and prominent problems with fines imposed on enterprises [1][4] Group 2 - Administrative reconsideration is highlighted as a self-supervision mechanism within the government system, aimed at regulating administrative law enforcement and resolving administrative disputes [2][3] - The revised Administrative Reconsideration Law has established administrative reconsideration as a primary channel for resolving administrative disputes, especially in the context of high litigation rates [2] Group 3 - The guidelines call for a strengthened review of normative documents that serve as the basis for administrative enforcement, focusing on those that may hinder fair competition or exceed legal authority [4] - A case example illustrates the withdrawal of improper fees collected by a local housing authority based on a normative document that conflicted with higher laws, showcasing the effectiveness of the administrative reconsideration process [5][6][7] Group 4 - The guidelines also stress the importance of monitoring government credit in administrative agreements, ensuring that government actions align with contractual obligations to foster a stable business environment [8] - A case involving a waste vehicle recycling company demonstrates the necessity for government entities to provide evidence when terminating agreements, reinforcing the principle of protecting trust in government commitments [9] Group 5 - The guidelines propose measures to address issues related to excessive fines imposed on enterprises, emphasizing the need for appropriate enforcement practices and the correction of disproportionate penalties [10] - Future actions will include enhanced collaboration among administrative reconsideration bodies, development reform commissions, and industry associations to promote effective regulation of administrative law enforcement [10]