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食用菌公司无证经营被罚近500万 法院:“罚”逾其“过” 判决撤销处罚决定
Sou Hu Cai Jing· 2025-07-24 14:27
Core Viewpoint - The Chengdu Intermediate People's Court, in collaboration with local business associations, held a meeting to address administrative legal challenges faced by enterprises and to discuss the construction of a law-based business environment [2]. Group 1: Administrative Legal Challenges - The meeting highlighted six typical cases of administrative litigation involving enterprises, including a notable case where a local agricultural bureau imposed a fine of 4.8275 million yuan on a small mushroom company for operating without the necessary licenses [2][3]. - The court ruled that the administrative penalty was disproportionate to the company's minor violations and potential impact on the market, leading to the annulment of the fine [3]. Group 2: Business Environment Concerns - Business representatives raised concerns about the frequency of administrative inspections, historical approval obstacles, and ineffective credit repair mechanisms, which hinder normal operations and access to financing [4]. - The court officials present committed to addressing these concerns and promised to provide professional advice and follow-up on unresolved issues [4].
无证经营被罚500万?过罚不相当,撤销!成都法院发布“护企”典型案例
Sou Hu Cai Jing· 2025-07-23 18:10
Group 1 - The Chengdu Intermediate People's Court held a meeting focused on addressing administrative legal challenges faced by enterprises, with participation from 13 key companies across various sectors including culture, technology, commerce, and sports [1][3] - A significant administrative penalty case was discussed, where a small mushroom cultivation company faced a fine totaling nearly 5 million yuan for operating without a license. The court later deemed the penalty excessive and revoked it, citing the principle of proportionality [3][4] - The meeting established a closed-loop mechanism for addressing enterprise concerns, allowing for immediate responses to simple issues and a commitment to timely feedback for more complex problems [3][4] Group 2 - Representatives from over ten companies voiced concerns regarding high frequencies of administrative inspections, historical approval obstacles, and difficulties in credit restoration [4] - Suggestions included involving insurance companies as co-defendants in traffic accident disputes and balancing labor rights with corporate autonomy in labor disputes [4] - The meeting aimed to provide stable administrative guidance and government services for private enterprises through legal review of administrative actions [4]