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中国最高法、司法部联合发布典型案例 规范涉企行政执法司法
Zhong Guo Xin Wen Wang· 2025-09-17 07:32
Core Viewpoint - The Supreme People's Court and the Ministry of Justice of China have jointly released ten typical cases to standardize administrative law enforcement and judicial practices related to enterprises, aiming to unify judgment standards and clarify rules [1]. Group 1: Typical Cases Overview - The ten selected cases cover various administrative management fields and types of administrative disputes, including issues related to construction permits, administrative penalties, and compliance with administrative agreements [1]. - Specific cases include disputes involving construction companies, real estate firms, and medical institutions, highlighting the diverse nature of administrative challenges faced by enterprises [1]. Group 2: Case Details - One notable case involves a traditional Chinese medicine clinic in Shanghai, which faced administrative penalties for allegedly using unsupported promotional claims. The clinic contested the penalties, arguing that the facts were unclear and the punishment excessive [2]. - The administrative review body conducted on-site investigations and facilitated negotiations between the parties, ultimately reducing the fine from 30,000 yuan to 20,000 yuan, while also refraining from penalizing the clinic for certain practices under new regulations [3]. - This case exemplifies the balance between enforcement and education in administrative law, ensuring that penalties are proportionate and that enterprises are supported in compliance efforts [3]. Group 3: Future Implications - Moving forward, all levels of people's courts and administrative review bodies will implement the Private Economy Promotion Law, ensuring fair and just handling of administrative disputes involving enterprises, thereby enhancing legal protections for the private sector [3].
精准计量护健康 市场监管在行动
Zhong Guo Shi Pin Wang· 2025-05-19 08:57
Group 1 - The core viewpoint of the articles is the implementation of a special rectification action by the market supervision administration in Aimin County to regulate the use of measuring instruments in traditional Chinese medicine clinics and pharmacies, ensuring market measurement order and protecting consumer rights [2][3] - The special inspection focuses on electronic weighing scales and other measuring instruments used in traditional Chinese medicine clinics and pharmacies, verifying whether these instruments have been certified by legal institutions and are within their validity period, as well as checking for any unauthorized modifications or cheating behaviors [2] - Legal education is being promoted during the inspection process, informing operators about the Measurement Law of the People's Republic of China and its implementation rules, clarifying legal responsibilities and consequences of violations, and encouraging operators to self-regulate their measurement practices [2] Group 2 - The 12315 complaint and reporting channel is being utilized to encourage consumers to pay attention to the certification marks of measuring instruments when purchasing traditional Chinese medicine, and to report any issues such as short weights or cheating measurements [3] - As of now, 12 traditional Chinese medicine clinics and pharmacies have been inspected, with 2 clinics found to have measuring instruments without valid certification, leading to the issuance of evidence preservation notices [3] - The market supervision department plans to continue strengthening measurement regulation, expanding the scope of inspections, and regularly promoting supervision and legal education to combat measurement fraud and the use of unqualified measuring instruments, thereby maintaining market measurement order and creating a fair, honest, and safe consumption environment for the public [3]