据介绍，办法确立了认定违法所得时扣除合法必要支出及直接相关税款的原则，既体现了"禁止不法获 益"的原则，即"任何人不得从其不法行为中获得利益"，使当事人恢复至违法前的利益状态；又符合过 罚相当原则，避免对主观过错较轻、社会危害程度较小的当事人没收全部相关款项。对于食品药品等相 关领域严重危害人民群众身体健康和生命安全的违法行为的惩戒，可通过法律法规规定的高额罚款、吊 销许可证件、从业禁止等处罚种类来实现。 来源：新华社 新华社北京1月16日电（记者赵文君）记者16日从市场监管总局获悉，《市场监督管理行政处罚案件违 法所得认定办法》近日出台，自2026年3月20日起施行。办法对市场监管领域行政处罚案件违法所得的 认定作出统一规定，有利于精准落实过罚相当原则，营造法治化营商环境。 来源：新华社 新华社北京1月16日电（记者赵文君）记者16日从市场监管总局获悉，《市场监督管理行政处罚案件违 法所得认定办法》近日出台，自2026年3月20日起施行。办法对市场监管领域行政处罚案件违法所得的 认定作出统一规定，有利于精准落实过罚相当原则，营造法治化营商环境。 据介绍，办法确立了认定违法所得时扣除合法必要支出及直接相关税款 ...

炒股就看金麒麟分析师研报，权威，专业，及时，全面，助您挖掘潜力主题机会！ 来源 | 上海广播电视台看看新闻KNEWS 责任编辑：凌辰 炒股就看金麒麟分析师研报，权威，专业，及时，全面，助您挖掘潜力主题机会！ 来源 | 上海广播电视台看看新闻KNEWS 据上海广播电视台看看新闻KNEWS，2025年新修订的《治安管理处罚法》将于2026年1月1日起施行， 其中对行政拘留的执行年龄限制作出重要调整。原法律第二十三条规定，14至16周岁未成年人、70周岁 以上老年人等群体应拘留可不执行，但实践中出现部分人以此作为"免责金牌"屡次违法。新法新增第二 款，明确若行为"情节严重、影响恶劣"，或一年内二次以上违反治安管理，则不再豁免执行行政拘留。 上海市公安局法制总队何俊解读指出，此举旨在避免法律关护被滥用，体现"过罚相当"原则。例如未成 年人一次殴打多人、造成恶劣伤势或社会影响，即属"情节严重"；老年人一年内两次违反治安管理（如 种植罂粟、殴打他人）也将面临拘留。黑龙江、陕西等地此前均出现因年龄未执行拘留的案例，新法实 施后将对此类行为形成有效约束。 新浪声明：此消息系转载自新浪合作媒体，新浪网登载此文出于传递更多信息之 ...

Group 1: Legislative Developments - The 19th session of the 14th National People's Congress Standing Committee will be held from December 22 to 27, focusing on the review of several important legislative drafts, including the Ecological Environment Code, National Development Planning Law, Civil Aviation Law revision, and Foreign Trade Law revision, aimed at strengthening institutional norms to support high-quality economic development [1] - The Ecological Environment Code will undergo its third review, with enhancements in areas such as the roles of courts and procuratorates in environmental protection, credit supervision systems, and legal responsibilities for environmental damage compensation, emphasizing the principle of proportionality in penalties [2] - The National Development Planning Law aims to improve the macroeconomic governance system, emphasizing the strategic role of national development planning and modernizing governance capabilities, with provisions for long-term goals and a clear national planning system [3] Group 2: Industry-Specific Regulations - The revision of the Civil Aviation Law is a significant measure to adapt to new developments in the aviation sector, focusing on enhancing airworthiness certification management, promoting development, and ensuring passenger rights protection, thereby providing a robust legal framework for the high-quality development of the civil aviation industry [4] - The Foreign Trade Law revision aims to enhance cross-border financial services, promote international recognition of digital certificates and electronic signatures, and improve the facilitation of foreign trade [5] - The State-Owned Assets Law and Trademark Law revisions will focus on strengthening the management and supervision of state-owned assets and optimizing trademark registration processes, respectively, to protect the legitimate interests of all parties involved [5]

Group 1: Legislative Developments - The 19th session of the 14th National People's Congress Standing Committee will be held from December 22 to 27, focusing on the review of several important legislative drafts, including the Ecological Environment Code, National Development Planning Law, Civil Aviation Law revision, and Foreign Trade Law revision, aimed at strengthening institutional norms to support high-quality economic development [1] - The Ecological Environment Code draft will undergo its third review, incorporating feedback from previous sessions and enhancing the roles of courts and prosecutors in environmental protection, as well as improving the credit supervision system and monitoring institutions [2] - The National Development Planning Law draft aims to establish a robust macroeconomic governance system, emphasizing the authority and seriousness of national development planning, and clarifying the roles of the National People's Congress in reviewing and approving these plans [3] Group 2: Industry-Specific Regulations - The revision of the Civil Aviation Law is a significant measure to adapt to new developments in the aviation sector, focusing on enhancing airworthiness certification management, improving airspace management, and protecting passenger rights [4] - The Foreign Trade Law revision aims to facilitate cross-border financial services and enhance the international recognition of digital certificates and electronic signatures, thereby improving the efficiency of foreign trade [5] - The State-Owned Assets Law draft seeks to strengthen the management and supervision of state-owned assets, while the Trademark Law revision aims to clarify registration conditions and optimize the trademark authorization process to protect the rights of all parties involved [5]

Core Points - The legislative process of the Ecological Environment Code in China has advanced, with the second draft of the Pollution Prevention and Control section and the Legal Responsibilities and Supplementary Provisions section submitted for review by the National People's Congress Standing Committee on October 24 [1] Group 1: Air Pollution Prevention - The second draft of the Pollution Prevention and Control section focuses on addressing weaknesses in air pollution prevention, enhancing standards for volatile organic compounds, and strengthening regulations on emissions from heavy-duty trucks and ships [1][2] - The draft expands the definition of "organic solvents" to include "raw and auxiliary materials and products containing volatile organic compounds," thereby broadening the scope of regulation [2] Group 2: Water Pollution Prevention - The draft further details regulations on water pollution prevention, including provisions for groundwater condition surveys and stricter standards for wastewater discharge from inland vessels [3] - It emphasizes the need for clear responsibilities among government levels, regulatory bodies, and enterprises, enhancing technical support and standards for effective water pollution control [3] Group 3: Agricultural Non-Point Source Pollution - The draft strengthens regulations on agricultural non-point source pollution, addressing issues related to financial support, management of agricultural inputs, and disposal of agricultural waste [4][5] Group 4: Principle of Proportionality in Penalties - The draft implements the principle of proportionality in penalties, optimizing fine regulations to avoid excessive penalties for minor infractions and vice versa [6][7] Group 5: Combating Fraudulent Practices - The draft imposes strict penalties for fraudulent practices in environmental monitoring, including falsifying data and reports, to ensure data integrity and enhance public trust [8]

Core Viewpoint - The legislative process of the Ecological Environment Code has advanced, with the second draft of the pollution prevention section and legal responsibilities being submitted for review by the National People's Congress Standing Committee, addressing key social concerns and enhancing environmental protection measures [1]. Group 1: Air Pollution Prevention - The draft emphasizes addressing shortcomings in air pollution prevention, including stricter standards for volatile organic compounds and enhanced regulation of emissions from heavy-duty trucks and ships [2][3]. - The draft expands the definition of "organic solvents" to include "raw and auxiliary materials and products containing volatile organic compounds," thereby broadening the scope of regulation [3]. - It also strengthens the oversight of emissions from mobile sources, such as vehicles and ships, reflecting the changing landscape of air pollution sources [4]. Group 2: Water Pollution Prevention - The draft includes more detailed regulations for water pollution prevention, such as conducting assessments of groundwater conditions and enhancing pollution control for ships entering inland rivers [5][6]. - It establishes management requirements for groundwater pollution prevention and sets higher standards for wastewater discharge from inland vessels [6]. Group 3: Agricultural Non-Point Source Pollution - The draft strengthens regulations on agricultural non-point source pollution, focusing on financial support, management of agricultural inputs, and disposal of agricultural waste [7][8]. - This reflects a shift in focus from point source pollution, which has seen significant improvements, to addressing the rising share of non-point source pollution in overall pollution levels [8]. Group 4: Principle of Proportionality in Penalties - The draft reinforces the principle of proportionality in penalties, optimizing fine regulations to avoid excessive penalties for minor infractions and insufficient penalties for serious violations [9][10]. - This adjustment aims to provide a more balanced approach to environmental enforcement, addressing concerns raised during the initial review of the Ecological Environment Code [10][11]. Group 5: Combating Fraudulent Practices - The draft imposes strict penalties for fraudulent practices in vehicle and ship emissions testing, as well as for falsifying monitoring data [12][13]. - It emphasizes the importance of accurate environmental monitoring data to ensure effective policy implementation and risk management [13].

Core Viewpoint - The legislative process of the Ecological Environment Code has advanced, with the second draft of the pollution prevention section and legal responsibilities being submitted for review, reflecting a systematic response to current environmental challenges and public concerns [1]. Group 1: Air Pollution Prevention - The draft emphasizes addressing shortcomings in air pollution prevention, including enhancing standards for volatile organic compounds and regulating emissions from heavy-duty trucks and ships [2][3]. - The draft expands the definition of "organic solvents" to include "raw and auxiliary materials and products containing volatile organic compounds," thereby broadening the scope of regulation [2]. - It aims to improve regulatory effectiveness for mobile sources of air pollution, which have become significant contributors to air quality issues [3]. Group 2: Water Pollution Prevention - The draft includes more detailed regulations for water pollution prevention, such as conducting groundwater condition assessments and enhancing pollution control for inland vessels [4]. - It establishes management requirements for groundwater pollution prevention, including risk control and environmental access [4]. - The draft sets higher standards for wastewater discharge from inland vessels and emphasizes the construction of pollution reception facilities at ports and shipyards [4]. Group 3: Agricultural Non-Point Source Pollution - The draft strengthens regulations on agricultural non-point source pollution, addressing issues related to financial support, agricultural input management, and waste disposal [6]. - It reflects a shift in focus from point source pollution, which has seen significant improvements, to the rising challenges posed by non-point source pollution [6]. Group 4: Legal Responsibility and Penalties - The draft reinforces the principle of proportionality in penalties, aiming to avoid excessive fines for minor infractions while ensuring accountability for serious violations [7]. - It introduces provisions for adjusting penalties based on the severity of the environmental offense, addressing concerns about inconsistent enforcement [7]. Group 5: Combating Fraudulent Practices - The draft imposes strict penalties for fraudulent activities related to vehicle and ship emissions testing, as well as for falsifying monitoring data [8]. - It emphasizes the importance of accurate environmental data to inform policy-making and enforcement, thereby enhancing public trust and market fairness [8]. - The regulations aim to increase the cost of violations, thereby deterring fraudulent behavior and improving the effectiveness of environmental governance [8].

Core Points - The second review of the draft of the Ecological Environment Code's legal responsibilities and supplementary provisions was presented to the 18th meeting of the 14th National People's Congress Standing Committee, further implementing the principle of proportionality in penalties [1] - The draft includes provisions for heavier penalties, lighter penalties, and non-penalties, clarifying the five-year accountability period for administrative penalties related to environmental pollution and ecological damage [1] - The draft addresses public concerns by adjusting penalty standards based on different violators and violations, particularly focusing on issues like oil fume pollution and improper disposal of construction waste [1] Group 1 - The draft enhances legal responsibilities related to ecological protection and green low-carbon development, including penalties for non-compliance with environmental access lists and the use of outdated technologies [1] - It introduces legal responsibilities for violating regulations on the production and sale of non-degradable plastic bags and single-use plastic products [1] Group 2 - The initial review of the Ecological Environment Code draft took place in April, with the code being divided into several units for further review and improvement [2]

Core Points - The National People's Congress Standing Committee is set to review the draft of the ecological environment code, focusing on legal responsibilities and supplementary provisions, emphasizing the principle of proportionality in penalties [1] Group 1: Legal Responsibilities - The draft aims to ensure that administrative penalties correspond to the facts, nature, circumstances, and severity of the violations, maintaining balance among similar illegal acts [1] - The draft introduces general provisions for heavier penalties, lighter penalties, and non-penalties [2] Group 2: Administrative Penalties - The application of a five-year accountability period for administrative penalties will be clarified for violations causing environmental pollution and ecological damage [2] - Adjustments will be made to penalty standards based on different violators and circumstances, reflecting practical enforcement experiences [2] Group 3: Unified Legal Responsibilities - Legal responsibilities related to pollutant discharge outlets, ecological impact reports, and ecological accidents will be standardized [2] - Responsibilities for waste management units failing to conduct monitoring as required will be improved to ensure balance among legal responsibilities of enterprises and institutions [2] Group 4: Specific Penalty Adjustments - Penalty amounts for radioactive pollution prevention will be adjusted in reference to penalties for hazardous waste violations [3]

Core Viewpoint - The draft of the Ecological Environment Code's pollution prevention section is set to be reviewed at the 18th meeting of the 14th National People's Congress Standing Committee from October 24 to 28, focusing on institutional regulations for air and water pollution prevention, which has garnered significant public attention [1]. Group 1: Pollution Prevention Measures - The draft will include comprehensive requirements for pollution prevention, emphasizing the improvement of ecological environment quality and public health protection [1]. - It aims to enhance funding support for agricultural pollution prevention and strengthen measures against agricultural non-point source pollution [1]. - The draft will further reinforce heavy metal pollution prevention and improve standards for volatile organic compounds pollution control [2]. Group 2: Regulatory Framework - The pollution prevention section of the draft consists of nine subdivisions, addressing traditional pollution types and new pollution issues, including solid waste, noise, radioactive pollution, and chemical substances [2]. - The structure of the draft is designed to support the ongoing battle against pollution, highlighting the need for scientific and precise pollution control [2]. Group 3: Enforcement and Penalties - The draft addresses the issues of disproportionate penalties in ecological law enforcement, aiming to balance fines across different pollution prevention areas [3]. - It includes provisions for varying penalties based on the nature and severity of the violations, ensuring that administrative penalties are proportionate to the offenses [4]. - The draft proposes adjustments to penalty amounts for radioactive pollution prevention, aligning them with existing regulations for hazardous waste violations [4].