柔性监管
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成德眉资315项轻微市场违法拟首违免罚
Xin Lang Cai Jing· 2026-01-18 17:25
Core Viewpoint - The Chengdu-Deyang-Meishan-Zigong (成德眉资) region is implementing a flexible regulatory approach by introducing a list of 315 minor market violations that may not incur penalties, aimed at standardizing enforcement and improving the business environment [1][2]. Group 1: Regulatory Framework - The new regulatory list is open for public consultation until February 11, and it aims to address inconsistencies in enforcement of minor violations across the four cities [1]. - The list includes 315 specific minor violations that, under certain conditions, will be subject to flexible regulatory measures such as "no penalty" or "no administrative enforcement" [1][2]. Group 2: Coverage of Violations - The 315 minor violations span eight regulatory areas, including fair trading, pricing, food safety, consumer protection, drug safety, special equipment safety, intellectual property, and quality standards [2]. - Among the violations, 121 are categorized as "no penalty" for minor infractions, while 193 are classified as "first violation no penalty," and one case is designated as "first violation exempt from penalty" [2]. Group 3: Enforcement Standards - The list establishes clear conditions, legal bases, and types of exemptions for penalties, promoting cross-regional consistency in enforcement standards among the four cities [3]. - The enforcement approach emphasizes non-coercive methods such as education and guidance for compliance, with penalties reserved for repeat offenders or those who refuse to rectify violations [3].
市场监管总局推出柔性监管“工具箱”,引导企业主动合规
Xin Jing Bao· 2025-12-17 08:44
Core Viewpoint - The market regulatory authorities are implementing innovative "soft measures" to guide enterprises towards compliance, aiming to create a market ecosystem characterized by "good laws and governance, and orderly competition" [1][2] Group 1: Regulatory Measures - The State Administration for Market Regulation (SAMR) has completed competitive assessments for 20 key industries, including semiconductors, online payments, cloud services, and express delivery, providing insights for regulatory enforcement and business strategy adjustments [1] - SAMR has introduced a "Three Letters and One Letter" system to classify and address enterprise behavior risks, which includes a notification letter, a case filing letter, an administrative penalty decision letter, and a reminder letter [1] - The proactive regulatory approach has received positive social feedback, as evidenced by the public discussions with platform companies like Huolala, urging them to fulfill their antitrust compliance responsibilities [1] Group 2: Compliance Initiatives - The recently established Antitrust Compliance Classroom aims to deliver legal education directly to enterprises, utilizing a model that includes SAMR coordination, local engagement, expert presentations, and enterprise interaction [2] - The first session of the classroom focused on antitrust guidelines in the pharmaceutical sector, with subsequent sessions tailored for foreign and central enterprises [2] - SAMR plans to enhance a comprehensive regulatory mechanism centered on "risk warning + compliance guidance + precise regulation" to stimulate market vitality and support high-quality development [2]