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一财社论:纠治违规异地执法、趋利性执法须久久为功
Di Yi Cai Jing· 2025-11-19 13:15
此外,9月22日司法部发布消息,自规范涉企执法专项行动开展以来,各级司法行政机关牵头会同相关 部门聚焦企业"急难愁盼",严肃纠治违规异地执法和趋利性执法等四类突出问题,截至9月21日,累计 为企业挽回损失150多亿元。 违规异地执法、趋利性执法危害巨大,尤其是民营企业受害尤甚。从今年3月起,规范涉企执法专项行 动在全国铺开,目前专项行动取得了一定成效,但不可松懈,这方面工作今后还需进一步加大纠治力 度,久久为功。 首先,要切断违规异地执法、趋利性执法的利益链条,从源头上防止此类现象发生。 很多违规异地执法、趋利性执法,表面上看是一些行政执法机关、公检法司部门滥用了权力,但追根溯 源是在为本地获得罚没收益。 从源头上解决趋利性,从法规建设上堵塞漏洞,从纠错方面实现救济,从对相关责任人处罚上惩前毖 后。 日前,公安部举行新闻发布会介绍称,自部署开展规范涉企执法专项行动以来,违规异地执法、逐利性 执法等问题得到有效遏制,涉企执法得到进一步规范,有力服务了高质量发展。 这个规定打破了此前刑事案件沾边就能全部管辖的惯例。类似的制度还应该强化、细化,同时也要考虑 从《刑事诉讼法》层面上对异地管辖进行进一步规范。 再次是要 ...
我省综合行政执法体制改革取得积极进展
Hai Nan Ri Bao· 2025-11-17 01:07
Core Viewpoint - The comprehensive administrative law enforcement system reform in the province has made significant progress, contributing to the construction of a first-class legal business environment and the development of a free trade port with Chinese characteristics [2][4][5]. Group 1: Reform Achievements - The administrative penalty amount in Haikou City has decreased by 16.03 million yuan year-on-year since 2024, and the number of administrative reviews has dropped by 75%, indicating positive feedback from businesses and the public [2]. - The provincial judicial department has introduced a regulatory framework consisting of one local law and 18 important systems, achieving six unifications in law enforcement matters, procedures, documents, qualifications, equipment, and uniforms, thus establishing a "1+18" regulatory system [2][3]. - The first three quarters of 2025 saw a 3.89% loss rate in administrative litigation for municipal and county law enforcement departments, marking the best performance since the reform [3]. Group 2: Implementation Strategies - The provincial judicial department has developed action plans with 13 specific measures to enhance law enforcement management, institutional improvement, business training, and daily supervision [3]. - A digital approach has been adopted to strengthen regulatory enforcement collaboration, including the implementation of online transfer rules for regulatory enforcement clues, ensuring full-process management and control [4]. - The integration of the reform's institutional mechanisms into a unified administrative law enforcement platform has begun, enhancing transparency and efficiency in law enforcement processes [4]. Group 3: Future Directions - The provincial judicial department aims to deepen cross-sector and cross-departmental comprehensive administrative law enforcement reforms, focusing on industry regulation and overall coordination [5][6]. - Emphasis will be placed on institutional integration and innovation to achieve unified authority and efficiency in regulatory enforcement services, aligning with the development of the free trade port [6].
司法部曝光一地设罚款指标,罚没收入遭严监管出现下滑
Di Yi Cai Jing· 2025-10-13 03:23
Core Viewpoint - The national confiscation and penalty income has decreased by 4.3% year-on-year in the first half of this year, prompting the government to strengthen regulatory measures to curb local governments' impulse to increase penalty income through improper means [4]. Group 1: Regulatory Measures - The Ministry of Justice has exposed a case where a local government set mandatory monthly targets for administrative penalties, which led to a uniform pattern of penalties across various towns [1]. - The State Council has issued guidelines to prohibit the setting of penalty targets, emphasizing that such practices undermine the seriousness and authority of administrative law enforcement [1][2]. - Since March, a nationwide campaign has been launched to regulate administrative law enforcement, focusing on issues that businesses have strongly reported [2]. Group 2: Financial Context - Local fiscal revenue, particularly tax revenue, has been under pressure due to economic downturns, tax reductions, and a sluggish real estate market, leading some localities to engage in excessive fines and penalties to compensate for revenue shortfalls [2][3]. - The national confiscation and penalty income, which includes various forms of fines and confiscated assets, constitutes about 10% of non-tax revenue and has a relatively low share in local general public budget income [4].
广州开展涉企行政执法监督检查重点纠治扰企突出问题
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-09-12 00:56
Core Insights - The article highlights the increased transparency and accountability in administrative law enforcement for businesses in Guangzhou, particularly in the Huadu District, where issues of corruption and misconduct among enforcement personnel have been addressed [1][2][3]. Group 1: Administrative Oversight and Enforcement - The Guangzhou Municipal Commission for Discipline Inspection and Supervision has initiated a series of measures to tackle corruption and misconduct in grassroots administrative law enforcement, resulting in the investigation of 489 corruption and misconduct cases and the handling of 648 individuals, with 256 receiving disciplinary actions this year [2]. - The Huadu District has seen a focus on addressing issues such as "eating, taking, and demanding" among enforcement personnel, with 170 individuals investigated and 110 cases filed over the past two years [2]. - The introduction of a "bright code" system for administrative inspections aims to enhance transparency, allowing businesses to verify the credentials of enforcement personnel through a digital platform [5]. Group 2: Case Studies and Specific Incidents - A specific case involved an enforcement officer in Huadu who was found to have accepted benefits from a management service company while improperly promoting their services to local businesses, leading to disciplinary action against the officer [1]. - In Tianhe District, an enforcement officer was penalized for using excessive inspection frequency to pressure a property management company into compliance with a rental project, demonstrating the ongoing issues of misconduct in administrative enforcement [3]. Group 3: Systematic Improvements and Recommendations - The Guangzhou Municipal Commission has issued 47 disciplinary recommendations and has pushed for the establishment of 34 new regulations to improve administrative law enforcement practices [4]. - The Huadu District has developed 17 new administrative enforcement regulations, including guidelines for auxiliary personnel, to standardize enforcement practices and improve operational efficiency [4].
安阳蹚出乡镇(街道)综合行政执法改革新路径 导师帮带助基层治理出实效
He Nan Ri Bao· 2025-09-11 23:39
Core Viewpoint - The article discusses the implementation of comprehensive administrative law enforcement reforms in Anyang, which empowers grassroots towns and streets with enforcement authority, enhancing local governance efficiency [2][4]. Group 1: Reform Implementation - The provincial government approved Anyang's initiative to reform administrative law enforcement at the grassroots level, allowing local authorities to address issues like street management and rural construction violations independently [2]. - Within 20 days of the approval, Anyang issued a plan that allocated 64 administrative penalties across six major areas to 96 towns and streets, aiming to resolve the challenges of visible but unmanageable enforcement [2][3]. Group 2: Training and Capacity Building - Anyang's strategy includes simplifying professional enforcement knowledge into accessible formats, such as "pocket books" that summarize enforcement processes and legal points for easy reference by enforcement personnel [3]. - A "mentor-apprentice" system was established to provide hands-on training for over 1,000 grassroots enforcement "apprentices," ensuring they quickly become proficient in their roles [3]. Group 3: Enforcement Effectiveness - Since the reforms began, Anyang's towns and streets have conducted approximately 99,800 administrative enforcement actions and processed 5,840 administrative penalty cases, achieving "zero litigation and zero review" [3]. - The city has implemented a comprehensive monitoring system for enforcement activities, including encrypted information handling and real-time oversight of enforcement processes [3]. Group 4: Future Directions - Anyang plans to focus on modern urban governance by integrating enforcement teams, matters, supervision, and platforms to ensure that grassroots enforcement is empowered, capable, and responsive [4].
司法部:上半年行政检查量同比降三成,极大减轻企业迎检负担
Nan Fang Du Shi Bao· 2025-08-14 14:02
Core Viewpoint - The Ministry of Justice has effectively reduced the number of administrative inspections, leading to a significant decrease in the burden on enterprises and an increase in inspection accuracy [2][3]. Group 1: Administrative Inspection Reduction - The number of administrative inspections nationwide has decreased by over 30% compared to the same period last year, significantly alleviating the burden on enterprises [2][3]. - In Beijing, the inspection number dropped by 72%, while the problem discovery rate increased by 26%. In Ningxia, inspections decreased by 31% with a 35% increase in problem discovery [2]. Group 2: Implementation of Regulatory Measures - The Ministry of Justice has been actively promoting the implementation of the "Opinions" issued by the State Council, addressing 25 specific issues encountered by various regions and departments [3]. - A standardized format for administrative inspection documents has been introduced, along with a public platform for inspection information [3]. Group 3: Local Initiatives and Innovations - Regions like Hebei and Shandong have cleaned up unqualified administrative law enforcement personnel, while others have implemented comprehensive inspections to streamline processes [4]. - Various departments are adopting non-on-site inspection methods, such as online monitoring and video supervision, to enhance efficiency [4]. Group 4: Ensuring Effective Inspections - The importance of administrative inspections in guiding enterprises to operate legally and ensuring public safety is emphasized, with a call for effective checks without excessive frequency limitations [6][7]. - The need to balance strictness and leniency in inspections is highlighted, ensuring that necessary checks are conducted without hindering normal business operations [6][7].
加强涉企行政复议工作,三部门联合发文
Xin Hua She· 2025-08-08 02:05
Core Viewpoint - The Ministry of Justice, in collaboration with the National Development and Reform Commission and the All-China Federation of Industry and Commerce, has issued guidelines to enhance the administrative review process, aiming to improve the regulatory environment for enterprises and support high-quality economic development [1][2]. Group 1: Administrative Review Guidelines - The guidelines aim to strengthen the supervisory role of administrative reviews in regulating enterprise-related law enforcement and resolving administrative disputes involving enterprises [1]. - The initiative is part of a significant decision by the central government to standardize administrative law enforcement related to enterprises [1]. - The guidelines include 22 specific measures across seven areas to enhance the effectiveness of administrative reviews and improve the quality of administrative law enforcement for enterprises [1]. Group 2: Case Studies and Implementation - Ten typical cases have been jointly released by the three departments, showcasing the successful implementation of administrative reviews that support high-quality enterprise development [2]. - These cases serve as a model for local administrative review institutions and management departments to enhance collaboration and effectively resolve administrative disputes involving enterprises [2]. - The initiative aims to ensure equal legal protection for various business entities and improve the overall level of administrative law enforcement related to enterprises [2].
行政检查“苏州模式”示范全国
Su Zhou Ri Bao· 2025-07-31 22:38
Core Viewpoint - The article discusses the implementation of the "Comprehensive Inspection Once" reform in Suzhou, which aims to streamline administrative inspections, reduce the burden on enterprises, and enhance the efficiency of law enforcement through a collaborative approach across different departments and levels of government [1][2][3]. Group 1: Reform Implementation - The "Comprehensive Inspection Once" reform was initiated in Suzhou in March 2024, focusing on reducing inspection frequency while ensuring safety standards are maintained [1]. - The reform is characterized by the "Three Crosses and Four Lists" model, which includes cross-field, cross-department, and cross-level inspections to minimize redundant checks [3][5]. - Since the reform's launch, over 31,000 joint inspections have been conducted, resulting in a 30% reduction in inspection frequency [1][7]. Group 2: Systematic Approach - Suzhou's government has prioritized the establishment of a systematic framework to guide administrative inspections, ensuring that all actions are regulated and transparent [2]. - The implementation plan includes 16 specific measures aimed at optimizing the administrative inspection process and enhancing the legal environment for businesses [2]. Group 3: Four Lists - The "Four Lists" include the "Item List," "Scenario List," "White List," and "Exemption and Light Penalty List," which serve as tools to standardize inspections and reduce their frequency [3][4]. - The "Item List" has identified 12,621 administrative inspection items, while the "Scenario List" has compiled 297 common enforcement scenarios for coordinated inspections [3]. - The "White List" includes nearly 6,000 enterprises that are subject to minimal regulatory interference, promoting a more favorable business environment [3]. Group 4: Effectiveness and Outcomes - The reform has led to a significant decrease in inspection frequency, with 62,000 fewer inspections conducted, thereby lowering operational costs for businesses [7]. - Regulatory efficiency has improved, with 88.77% of enforcement personnel reporting enhanced coordination and effectiveness in joint inspections [7]. - Businesses have reported a reduction in the burden of inspections, with 91.95% of surveyed enterprises acknowledging the positive impact of the reform on their operations [8].
陕西深入开展规范涉企行政执法专项行动
Shan Xi Ri Bao· 2025-07-15 23:10
Group 1 - The core viewpoint emphasizes the importance of strict regulation of administrative law enforcement related to enterprises to enhance legal administration, optimize the business environment, and stabilize market expectations [1] - Since the launch of the special action in April, a total of 1,135 problem clues have been identified, with 739 directly investigated by administrative law enforcement coordination and supervision agencies, resulting in 329 supervision opinions and 1,065 required rectifications [1] - The action focuses on issues such as arbitrary charges, fines, inspections, and seizures, with measures including the issuance of a notice on the management of administrative inspections related to enterprises and the establishment of a long-term regulatory mechanism for enterprise-related charges [1] Group 2 - To address issues of illegal cross-regional law enforcement and profit-driven behavior, a public SMS campaign was launched to collect clues about administrative law enforcement problems, resulting in 11 clues received and 9 rectified [2] - A survey of 220 enterprises was conducted to tackle inconsistent enforcement standards, leading to the promotion of a standardized enforcement system and the recruitment of 340 social supervisors for administrative law enforcement [2] - The revision of the Administrative Law Enforcement Certificate Management Measures aims to strengthen personnel control and eliminate over 4,000 non-compliant certificates, alongside online training for law enforcement personnel [3]
一体化示范区发布第五批制度创新经验
Su Zhou Ri Bao· 2025-05-17 00:39
Group 1 - The Long Triangle Ecological Green Integration Development Demonstration Zone has released its fifth batch of institutional innovation experiences, focusing on cross-provincial collaborative legislation, administrative law enforcement, police cooperation, functional area development, and public service sharing [1] - A joint regulation titled "Regulations for Promoting High-Quality Development of the Long Triangle Ecological Green Integration Development Demonstration Zone" has been established by the local legislatures to support high-quality integrated development [1] - The demonstration zone has implemented a case guidance method for administrative law enforcement to standardize practices across the regions of Qingpu, Wujiang, and Jiashan, aiming to reduce administrative discretion and promote law enforcement innovation [1] Group 2 - A police cooperation center has been established to optimize police resource allocation and enhance social governance, contributing to a harmonious and law-based business environment [2] - The overall spatial planning for the demonstration zone includes a 35.8 square kilometer area at the intersection of the three regions, aimed at developing a "water town living room" with a comprehensive management system [2] - The demonstration zone has launched a full-cycle management approach for public service projects, resulting in a list of 63 projects across nine fields, including health, education, and cultural tourism [2] Group 3 - Over the past five years, the demonstration zone has focused on eight key areas, resulting in 154 institutional innovation achievements, with 57 of these experiences being promoted nationwide [3]