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来自监督一线的报道丨从“多头查”到“一次查”
Group 1 - Shenzhen has implemented a "scan to enter" system for regulatory inspections to reduce disruptions to businesses, which began construction at the end of 2023 and was fully promoted by June 2024 [2][3] - The new system allows for a comprehensive online record of inspections, enabling businesses to receive advance notice and provide feedback on the services they require [2][3] - The integration of multiple departments for inspections has streamlined the process, allowing businesses to complete various inspections in one visit, thus enhancing efficiency [3][4] Group 2 - Shenzhen's market supervision has identified issues in the hospitality sector, particularly in the Dapeng New District, where 70% of complaints are concentrated among 5% of businesses, indicating a need for more precise regulation [4][5] - A new tiered regulatory system has been introduced to focus on high-risk businesses while providing education and guidance for minor violations, which has already led to improvements in compliance among several establishments [5] - The local commission has intensified efforts to combat corruption among enforcement personnel, ensuring that regulatory actions are transparent and accountable [5][6] Group 3 - The Shenzhen Municipal Commission has addressed issues of corruption and misconduct in enterprise-related law enforcement, resulting in 162 cases being investigated this year [6] - Recommendations have been made to improve regulatory standards and oversight, leading to the establishment of 49 new administrative procedures [6][7] - The supportive regulatory environment has encouraged entrepreneurs to invest and innovate, as highlighted by local business owners expressing increased confidence in the market [7]
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]
市场监管、公安部门行政争议高发,司法部发布行政复议白皮书
Nan Fang Du Shi Bao· 2025-07-01 15:17
Core Insights - The Ministry of Justice released the "Administrative Review Work White Paper (2024)", highlighting significant trends in administrative disputes and resolutions in China [1][2]. Group 1: Administrative Review Statistics - The number of new administrative review cases received by various levels of administrative review agencies reached 749,600 in 2024, a year-on-year increase of 94.7%, which is 2.5 times the number of first-instance administrative cases in courts [2] - The total number of concluded administrative review cases was 641,000, reflecting an 82.1% year-on-year growth [2] - Administrative review cases are predominantly concentrated in economically developed provinces, with 17 provinces receiving over 10,000 cases, accounting for more than 83.2% of the total [2] Group 2: Areas of High Administrative Disputes - The most frequent areas of administrative disputes are market regulation and public security, with the top five categories of cases being: market regulation (163,000 cases, 29.5%), public security (125,000 cases, 22.6%), natural resources (39,000 cases, 7.1%), human resources and social security (27,000 cases, 4.9%), and financial supervision (26,000 cases, 4.7%) [3][4] - In terms of administrative behavior, the most common cases involve complaint handling (161,000 cases, 29.2%), administrative penalties (130,000 cases, 23.5%), government information disclosure (105,000 cases, 19.1%), administrative inaction (48,000 cases, 8.7%), and administrative confirmation (22,000 cases, 4.0%) [3] Group 3: Resolution and Correction Rates - The direct correction rate for administrative reviews was reported at 12.1%, with 58,000 cases corrected through various means such as changes, cancellations, and confirmations of illegality [6] - A total of 168,000 cases were resolved through mediation and reconciliation, achieving a settlement rate of 26.3% [4] - After administrative review, 90.3% of cases did not proceed to litigation or petition processes, with a year-on-year increase of 13.5 percentage points in case resolution rates [4] Group 4: Focus on Enterprise-related Law Enforcement - Administrative review agencies have intensified efforts to supervise unlawful and improper law enforcement actions affecting enterprises, correcting over 6,500 such cases [5] - Specific instances include the correction of wrongful administrative penalties that saved enterprises over 10 million yuan [5] - The white paper emphasizes the importance of maintaining consistency in legal policies to support the construction of a unified market [5]
去年全国各级行政复议机关办结行政复议案件64.1万件
Xin Hua She· 2025-07-01 12:55
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]
在创新中狠抓落实 | 跟进监督助企安心发展
Group 1 - The construction of the residential project in Cixian County is progressing smoothly, attributed to improved regulatory practices and oversight from local authorities [1] - The Cixian Discipline Inspection Commission has initiated a concentrated rectification of prominent issues in enterprise-related law enforcement, addressing complaints from businesses about regulatory practices that hinder normal operations [1][2] - A mechanism for rapid investigation and strict enforcement has been established to combat illegal practices such as arbitrary fees, fines, and inspections that damage the business environment [1][2] Group 2 - High Jun, a former official, was investigated for exploiting his position to impose excessive charges on construction sites, leading to significant disciplinary actions against multiple officials [2] - The "E-Qi Lian Dong" supervision platform has been implemented to enhance oversight of enterprise-related law enforcement, covering 24 administrative law enforcement departments and over 300 enterprises [2][3] - The platform allows for real-time tracking of inspections and enables businesses to report and evaluate law enforcement actions, which will influence annual assessments of enforcement units [3] Group 3 - The positive impact of the regulatory improvements is evident in the operations of companies like Handan Jianxu New Energy Co., which reported efficient inspections and support from regulatory bodies, fostering a conducive business environment [3]