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证监会明确监管措施实施程序
Zheng Quan Shi Bao· 2025-12-31 12:55
Core Viewpoint - The China Securities Regulatory Commission (CSRC) has released the "Implementation Measures for Supervision and Administration of Securities and Futures Markets," which aims to further standardize the procedures for implementing regulatory measures in the securities and futures markets [1][4]. Group 1: Types of Regulatory Measures - The "Implementation Measures" specifies fourteen common types of regulatory measures, including orders for correction, regulatory talks, warning letters, and orders for regular reporting [2]. - It includes a catch-all provision for other supervisory measures as defined by laws, administrative regulations, and CSRC rules [2]. Group 2: General Procedural Requirements - The implementing agency must document the collection of evidence, decisions, and notifications related to regulatory measures [2]. - Regulatory measures requiring on-site enforcement must be carried out by at least two qualified enforcement personnel [2]. - If a violation is not discovered within two years, the agency generally will not take regulatory measures unless specified otherwise by law or if the effects of the violation have not been eliminated [2]. Group 3: Special Procedural Requirements - The agency must provide prior notice to the parties involved, informing them of the type of measures to be taken, the facts, reasons, legal basis, and their rights to make statements or defenses [3]. Group 4: Emergency Response Mechanism - In urgent situations that severely threaten financial order or public interest, the agency can take immediate action without prior notice, subject to approval from the main responsible person [3]. Group 5: Decision-Making and Execution Requirements - The regulatory decision document must specify certain items, including public disclosure requirements and procedures for delivering the decision [3]. - Parties dissatisfied with the regulatory decision can apply for administrative reconsideration or file a lawsuit directly [3]. Group 6: Principles of Lawfulness, Efficiency, and Fairness - The "Implementation Measures" is a response to the need for a law-based government and aims to enhance the standardization of regulatory enforcement [4]. - It emphasizes timely correction of violations and risk prevention while maintaining market order [5].
李强主持召开国务院常务会议
国家能源局· 2025-12-06 02:06
Group 1 - The meeting emphasized that energy conservation and carbon reduction are crucial for achieving carbon peak and carbon neutrality, and for accelerating the green transformation of development methods [4] - It was highlighted that enhancing the internal motivation for energy conservation and carbon reduction is essential, with a focus on policy effects and market mechanism improvements to promote a green lifestyle [4] - The meeting discussed the importance of standardizing administrative law enforcement related to enterprises to optimize the business environment and stabilize market expectations [4] Group 2 - The draft of the "People's Republic of China Fire Rescue Personnel Law" was discussed and approved in principle, aiming to clarify the responsibilities, management, and treatment of fire rescue personnel [5] - The meeting underscored the need to strengthen the capabilities of grassroots fire rescue teams and enhance risk assessment and emergency response training [5] - A comprehensive crackdown on illegal tobacco activities was mandated, focusing on regulatory enforcement across the entire tobacco production and distribution chain to protect national interests and consumer rights [5]
李强主持召开国务院常务会议 研究进一步做好节能降碳工作等
Xin Hua Wang· 2025-12-06 00:57
Group 1 - The meeting emphasized that energy conservation and carbon reduction are crucial for achieving carbon peak and carbon neutrality, and for accelerating the green transformation of development methods [3] - It was highlighted that enhancing the internal motivation for energy conservation and carbon reduction is essential, with a focus on policy effects and market mechanism improvements to promote a green lifestyle [3] - The meeting discussed the importance of standardizing administrative law enforcement related to enterprises, which is vital for optimizing the business environment and stabilizing market expectations [3][4] Group 2 - The draft of the "Administrative Law Enforcement Supervision Regulations" was reviewed and approved, aiming to strengthen comprehensive supervision and clarify the boundaries of law enforcement authority [3] - The meeting discussed the draft of the "Fire Rescue Personnel Law," which aims to enhance the professionalization and standardization of fire rescue teams, ensuring better management and support for personnel [4] - Measures to combat illegal tobacco activities were outlined, focusing on comprehensive regulation across the entire supply chain to maintain market integrity and protect consumer rights [4]
事关节能降碳工作!国常会:充分发挥政策效应,不断完善市场机制
券商中国· 2025-12-05 15:01
Core Viewpoint - The article emphasizes the importance of energy conservation and carbon reduction as key strategies for achieving carbon peak and carbon neutrality, while also promoting a green transformation of the economy [2][3]. Group 1: Energy Conservation and Carbon Reduction - The meeting highlighted the need for higher quality and level in energy conservation and carbon reduction efforts, aiming to enhance internal motivation and leverage policy effects to create a green production and lifestyle [2][3]. - The State Council plans to issue the "2024-2025 Energy Conservation and Carbon Reduction Action Plan," which will focus on ten key areas including energy, industry, construction, transportation, public institutions, and energy-using equipment [3]. - The establishment of a national carbon emissions trading market is expected to effectively mobilize societal participation in emission reduction [3]. Group 2: Administrative Law Enforcement - The meeting reviewed the progress of the special action to standardize administrative law enforcement related to enterprises and approved the draft of the "Administrative Law Enforcement Supervision Regulations" [5]. - It was emphasized that enhancing the standardization of administrative law enforcement is crucial for optimizing the business environment and stabilizing market expectations [5]. - The regulations aim to clarify the boundaries of law enforcement authority and responsibilities, ensuring accountability for abuses of power and arbitrary enforcement [5]. Group 3: Legal Protection for Enterprises - The Supreme People's Court has been focusing on protecting the rights of enterprises and entrepreneurs through various judicial processes, including criminal, civil, and administrative cases [6]. - Future efforts will include expediting the introduction of judicial interpretations related to company law and improving the judicial protection system for intellectual property [6].
国常会,最新部署!
证券时报· 2025-12-05 14:21
Group 1: Core Views - The meeting chaired by Premier Li Qiang emphasized the importance of energy conservation and carbon reduction as key strategies for achieving carbon peak and carbon neutrality goals, and for accelerating the green transformation of development methods [1] - It was highlighted that enhancing the internal motivation for energy conservation and carbon reduction is crucial, alongside leveraging policy effects and continuously improving market mechanisms [3] Group 2: Energy Conservation and Carbon Reduction - The meeting outlined the need for higher quality and level in energy conservation and carbon reduction efforts, with a focus on promoting green transformation through economic development [3] - The State Council plans to issue the "2024-2025 Energy Conservation and Carbon Reduction Action Plan," which will cover ten key areas including energy, industry, construction, transportation, public institutions, and energy-using equipment [3] - Experts pointed out that there is significant potential for energy conservation and carbon reduction in key sectors and industries, and suggested optimizing the market mechanisms for green factors like carbon emission rights and energy rights [4] Group 3: Administrative Law Enforcement - The meeting reviewed the report on the special action to standardize administrative law enforcement related to enterprises and approved the draft of the "Administrative Law Enforcement Supervision Regulations" [6] - It was emphasized that improving the standardization of administrative law enforcement is essential for optimizing the business environment and stabilizing market expectations [5][6] - The meeting called for a focus on key challenges and long-term systemic solutions, aiming to enhance the level of administrative law enforcement through comprehensive supervision and accountability measures [6][7]
李强主持召开国务院常务会议
证监会发布· 2025-12-05 12:47
Group 1 - The meeting emphasized that energy conservation and carbon reduction are crucial for achieving carbon peak and carbon neutrality, and for accelerating the green transformation of development methods [3] - It was highlighted that enhancing the internal motivation for energy conservation and carbon reduction is essential, with a focus on policy effects and improving market mechanisms to encourage societal participation [3] - The meeting discussed the importance of standardizing administrative law enforcement related to enterprises, which is vital for optimizing the business environment and stabilizing market expectations [3] Group 2 - The draft of the "People's Republic of China National Fire Rescue Personnel Law" was discussed and approved in principle, emphasizing the role of fire rescue personnel in safeguarding public safety [4] - The meeting called for clear definitions of the responsibilities, management, and treatment of fire rescue personnel to enhance the professionalism and capability of grassroots fire rescue teams [5] - A comprehensive crackdown on illegal tobacco activities was mandated, focusing on strengthening regulation and law enforcement across all aspects of tobacco production, storage, logistics, distribution, and retail [5]
海南出台科技创新尽职免责实施办法|营商环境周报
Regulatory Developments - The Ministry of Justice has issued the "Code of Conduct for Administrative Law Enforcement Personnel" to enhance the sense of gain, happiness, and security for enterprises and the public, promoting high-quality economic and social development [2][3] - The Code consists of 10 articles focusing on prominent issues in administrative law enforcement, particularly in relation to enterprises, and includes both positive guidance and prohibitive measures [2][3] - Key prohibitions include unauthorized enforcement, inaction, and slow action, as well as strict adherence to legal procedures and objective facts in law enforcement [2][3] Digital Management in Certification - The State Administration for Market Regulation has released guidelines to enhance the digital management capabilities of certification bodies, aiming for the establishment of a digital management technical guideline by 2025 [4][5] - By 2029, the goal is for over 30 certification bodies to possess advanced and reliable digital infrastructure, utilizing data analysis and processing tools for innovative certification practices [4][5] Scene Cultivation and Application - The State Council has issued an implementation opinion to accelerate the cultivation and opening of 22 types of application scenarios, which are crucial for validating new technologies and products [6][7] - The opinion emphasizes the importance of leveraging China's large market and diverse application scenarios to support the construction of major comprehensive scenarios and promote large-scale application of new scenarios [7][8] Support for Private Enterprises - Shandong Province has introduced measures to support private enterprises in technology innovation, including 19 practical initiatives to enhance their innovation capabilities [15][16] - The measures aim to deepen private enterprise participation in technology decision-making and major technology tasks, as well as to facilitate the transformation of technological achievements [15][16]
广东中山局开展行政执法业务培训
Core Viewpoint - The training meeting organized by the Zhongshan Natural Resources Bureau aims to enhance the standardization of administrative law enforcement in the natural resources system, aligning with the State Council's action plan for improving administrative law enforcement quality from 2023 to 2025 [1][7]. Group 1: Training Objectives and Structure - The training is designed to address the practical needs of grassroots law enforcement, focusing on pain points and bottlenecks identified at the municipal level [3]. - A curriculum combining theory and practice was developed to provide practical guidance for grassroots law enforcement personnel [3]. Group 2: Key Training Content - The training covers three main areas: 1. **Precise Application of Laws and Regulations**: This includes a systematic explanation of the standards for identifying natural resource violations, particularly focusing on high-frequency illegal activities such as "illegal land occupation" and "destruction of arable land" [5]. 2. **Full Process Norms of Law Enforcement Procedures**: Emphasizing that "procedural legality is the lifeline of fair law enforcement," the training details the requirements from clue discovery to penalty execution, including key operational points for documentation and delivery [5]. 3. **Practical Handling of Difficult Cases**: Special guidance is provided for cases where parties do not cooperate with investigations, emphasizing the importance of following legal procedures and forming a complete evidence chain [5]. Group 3: Feedback and Future Plans - Participants expressed that the training was highly practical and relevant to real issues encountered in their work, providing clearer strategies for handling complex cases [6]. - The Zhongshan Natural Resources Bureau views this training as a significant step towards enhancing law enforcement capabilities and plans to continue strengthening the law enforcement team to create a proficient and resilient workforce [7].
镇原县市场监管局推行“七项硬举措” 全链条规范行政执法办案
Zhong Guo Shi Pin Wang· 2025-05-21 11:17
Core Viewpoint - The article discusses the implementation of seven practical measures by the Zhenyuan County Market Supervision Administration to enhance the effectiveness of market regulation and law enforcement, aiming for a standardized, transparent, and lawful administrative enforcement process to support high-quality economic development in the region [1][2][3]. Group 1: Law Enforcement Measures - The establishment of a "legal review system for case filing" ensures that all cases are uniformly assigned case numbers, utilizing an "Internet + regulation" system for electronic tracking of the entire process, with over 80 dynamic regulatory cases monitored this year [1]. - A five-level review chain has been created for case auditing, involving various levels of personnel to ensure thorough examination of significant and complex cases, with over 20 specialized case discussions held this year [1]. - A "double review and double check" mechanism is implemented for case quality, focusing on eight key elements, with 46 feedback suggestions issued and 83 evidence materials corrected this year [1]. Group 2: Flexible Law Enforcement and Standardization - The introduction of an "administrative penalty discretion implementation specification" establishes a three-dimensional penalty model based on "harm consequences, violation frequency, and business scale," with 17 minor violations handled under the "first violation not punished" policy this year [2]. - A total of 35 copies of the "Administrative Penalty Document Format Template" have been printed, achieving a document standardization rate of 98.7%, an increase of 15 percentage points compared to the previous year [2]. - A full-cycle case handling time limit warning mechanism has been established to enhance efficiency and quality in law enforcement [2]. Group 3: Transparency and Supervision - The implementation of an administrative enforcement publicity system ensures that all administrative penalty information is disclosed as required, with 39 administrative penalties publicized and over 50 enforcement visits conducted this year, achieving a credit repair rate of over 90% [2]. - The county's market supervision authority emphasizes the importance of a comprehensive regulatory system that includes prevention, control, and supervision to achieve standardized and transparent law enforcement [3].