Law

Let administrative inspections of enterprises no longer be arbitrary

2025-05-06   

The meeting of the Political Bureau of the Communist Party of China Central Committee held on April 25th emphasized the need to solidly carry out special actions to regulate law enforcement related to enterprises. According to the unified deployment of the Party Central Committee, disciplinary inspection and supervision organs in various regions urge relevant functional departments to standardize administrative inspections related to enterprises, focus on eradicating prominent problems in law enforcement related to enterprises, and improve the law enforcement supervision system that is executable, verifiable, and traceable. Recently, the Discipline Inspection and Supervision Group of Bishan District Commission for Discipline Inspection and Supervision stationed in Bishan High tech Zone, Chongqing, went deep into enterprise factories, industrial parks, and other areas to listen to the demands of enterprises. This is a microcosm of Chongqing's special rectification of the business environment. In recent years, the Chongqing Municipal Commission for Discipline Inspection and Supervision has promoted the refinement of governance issues related to "prominent issues in enterprise related administrative law enforcement" in various districts and counties, focusing on key links in enterprise related law enforcement, striving to solve difficult and bottleneck problems, continuously optimizing the business environment, and serving the high-quality development of the private economy. Rectify chaos and supervise the entire process, imposing fines and imposing heavy penalties? ”When the business environment inspection personnel in Jiangbei District, Chongqing visited, the loud merchant Ye bluntly stated that he couldn't bear it. The inspection personnel immediately reviewed the law enforcement documents: the penalty amount exceeded the upper limit of on-site punishment by four times - which one issued it, reverse check! Quickly, the problem clues were transferred to the Discipline Inspection and Supervision Commission of Jiangbei District. The investigators traced the clues and uncovered the disciplinary and illegal issues of Chen, a law enforcement officer of a certain administrative law enforcement unit, who had been withholding and embezzling fines for a long time, thereby infringing on the interests of the business entity. Jiangbei District is closely monitoring the prominent problems that damage the business environment, and taking the rectification of illegal fees, fines, inspections, and seizures related to enterprise law enforcement as the starting point, it has established a full process supervision system that includes sentinel monitoring, strict investigation and fast processing, and rectification tracking. According to the requirement of full coverage of industries and subject types, Jiangbei District will classify business entities into different levels and select 60 representative enterprises and individual businesses as monitoring points for the business environment. We have hired business environment observers to focus on monitoring issues related to administrative law enforcement, service efficiency, and work style of departments involved in enterprises, "said Yang Yang, Deputy Director of the Second Discipline Inspection and Supervision Office of the Jiangbei District Commission for Discipline Inspection and Supervision. Chen Ling, Director of the Party and Government Conduct Supervision Office of the Discipline Inspection and Supervision Commission of Jiangbei District, introduced that focusing on key departments related to enterprise law enforcement such as urban management, ecological environment, cultural market, and transportation, the Commission for Discipline Inspection and Supervision of Jiangbei District has conducted a comprehensive investigation of the law enforcement letters, complaints, and problem clues received by enterprises in recent years, and established a mechanism for quick investigation and strict punishment. Since 2023, 11 typical cases have been strictly investigated and dealt with, among which 6 people have been given disciplinary and administrative sanctions, and 5 people have been transferred to judicial organs. Through digital empowerment and comprehensive investigation, it was found that two units of Chongqing Tengrui Intelligent Technology Co., Ltd. in Yongchuan High tech Zone had similar inspection periods for entry into the company, which may have increased the burden on the enterprise due to multiple inspections. ”Not long ago, the business environment digital intelligence supervision platform of Yongchuan District Commission for Discipline Inspection and Supervision in Chongqing automatically popped up a warning message. The staff of the disciplinary inspection and supervision team stationed in Yongchuan High tech Zone immediately rushed to Tengrui Company and verified that it was originally two units that scanned the company codes separately during the joint inspection. When conducting joint inspections, the leading unit should scan the code to enter the enterprise, and it is necessary to tighten and standardize the inspection. ”The disciplinary inspection and supervision team stationed in Yongchuan High tech Zone issued a reminder to the law enforcement personnel of two units. Yongchuan District is the only district and county in Chongqing that has two national platforms, National High tech Zone and Comprehensive Bonded Zone. It has a large number of enterprises in its jurisdiction and a large volume of administrative inspection business related to enterprises. How to minimize the burden of inspection on enterprises while ensuring the quality of administrative law enforcement inspections? Digital empowerment is the answer given by Yongchuan District. In front of many businesses, there is a dedicated QR code posted. Before law enforcement personnel enter the enterprise for inspection and research, they first use a mobile application to actively scan and register. The system will automatically record the information of law enforcement personnel, entry time, reason, etc., and generate an electronic ledger to ensure that law enforcement actions can be traced and supervised. At the same time, law enforcement personnel can quickly obtain basic information, business status, compliance records and other data of enterprises, achieving efficient and accurate law enforcement inspections. Xie Junxian, Deputy Director of the Justice Bureau of Yongchuan District, introduced that 1277 law enforcement officers from 36 district level law enforcement departments and 23 towns and streets in Yongchuan District have all joined the mobile application. Where does the data go after scanning and registering? Entering the business environment digital supervision platform of Yongchuan District Commission for Discipline Inspection and Supervision, the inspection records of administrative law enforcement units related to enterprises are updated in real time on the big screen, and information such as enterprise name, entry time, law enforcement unit name, and law enforcement inspection evaluation is clear at a glance. According to the requirement of "comprehensive inspection once", if different internal institutions of the same law enforcement unit conduct inspections on the same enterprise during similar time periods, they should be merged; Different administrative law enforcement units should, in principle, conduct joint inspections on the same enterprise. The supervision platform has formed a closed loop of 'data collection model analysis warning prompt multi cross linkage verification feedback' work, which can automatically identify behaviors that violate the 'comprehensive inspection once' requirement from massive data, provide timely warnings, and make it impossible for violations related to enterprise inspections to escape, "said Yang Ke, a standing committee member of the Yongchuan District Commission for Discipline Inspection. Previously, environmental protection, emergency response, market supervision and other units each conducted their own inspections. Now, law enforcement agencies conduct multiple inspections at once, so we don't have to repeatedly undergo inspections, which can save more time and energy to engage in production and operation. ”Guo Juquan, the person in charge of Chongqing Ruijia Water Treatment Co., Ltd., said. As of now, in Yongchuan District, the reform of "scanning codes for entering enterprises+comprehensive inspection once" has covered 85 inspection items, and various law enforcement units have implemented a total of 653 "comprehensive inspections once", effectively reducing inspection frequency by more than 20%. Credit List, Improving Quality and Efficiency for Enterprises "The online data of chemical oxygen demand in wastewater is 392 milligrams per liter, and the online data of ammonia nitrogen is 10 milligrams per liter, which meets the discharge standard requirements..." Recently, Jiao Haiping, a law enforcement officer from the Qijiang District Ecological Environment Bureau of Chongqing, visited Yikang Environmental Protection Engineering Co., Ltd. Qijiang Branch and opened the "Law Enforcement+Supervision" system to compare the online monitoring data and self-monitoring data of the enterprise. In just 10 minutes, he completed an off-site inspection. As a demonstration zone for the construction of the national social credit system, Qijiang District is exploring the implementation of the "credit+law enforcement" enterprise supervision reform. Zhang Mingjian, head of the Administrative Law Enforcement Coordination and Supervision Department of the Qijiang District Judicial Bureau, introduced that the District Commission for Discipline Inspection and Supervision collaborates with the District Judicial Bureau to coordinate resources, establish evaluation models based on historical data of law enforcement activities and compliance risk points of enterprises, and carry out differentiated supervision and inspection of enterprises. At present, 16800 enterprises in the entire region have been included in the credit evaluation system, basically achieving full coverage. In July last year, a driver of Wanma Transport Company had a minor accident while driving a truck. The relevant law enforcement departments in Qijiang District launched an investigation and found that the company was responsible for the accident, and imposed administrative penalties. Wanma Transportation Company has objections to the administrative penalty and immediately applied for administrative reconsideration. After receiving the application, the Qijiang District Judicial Bureau conducted an investigation into its business situation and credit rating, and found that the company had never experienced any general or above production safety accidents since starting to engage in logistics transportation business, fulfilling its main responsibility for safety production. Therefore, it is believed that an inclusive and prudent law enforcement mechanism should be adopted. Finally, the law enforcement department further investigated the facts of the case, revoked the original "Administrative Penalty Decision", and pointed out the risks in the production and operation process to Wanma Transportation Company. The revocation of an administrative penalty decision reflects the reform of the administrative discretion benchmark system. The Discipline Inspection Commission and Supervisory Commission of Qijiang District have strengthened the main responsibility of regulatory functional departments, promoted the formulation of "four lists" of no, light, reduced punishment, and no administrative coercive measures by regulatory functional departments, implemented the "no punishment for first violation" and "minor exemption" system, comprehensively considered factors such as enterprise credit rating, accurately matched the discretion benchmark and punishment items, and ensured fair and moderate punishment. The Discipline Inspection and Supervision Commission of Qijiang District has launched a special action of "Clean Wind Protecting Enterprises, Supervising and Escorting the Business Environment" and issued the "Ten Measures on Leveraging the Functions of Discipline Inspection and Supervision Organs to Serve, Guarantee and Optimize the Business Environment". In the past three years, we have investigated and dealt with 51 cases of damaging the business environment and corruption, filed and punished 37 people, and promoted the continuous improvement of the business environment, "said He Shunwei, Executive Deputy Secretary of the Qijiang District Commission for Discipline Inspection and Deputy Director of the District Supervision Commission. Linking Chongqing to promote continuous optimization of the business environment. The private economy in Chongqing accounts for over 60% of the city's economy and over 90% of high-tech and technology-based enterprises, making it a driving force for achieving high-quality development. In recent years, the Chongqing Municipal Commission for Discipline Inspection and Supervision has included the work style and corruption issues that damage the business environment in a special rectification campaign, promoting the refinement of 70 "small incision" governance issues such as "prominent problems in enterprise related administrative law enforcement" by the discipline inspection and supervision commissions of various districts and counties, and promoting the resolution of 1946 problems. At the same time, the disciplinary inspection and supervision organs in the city have taken investigating and handling cases as the starting point, established and improved mechanisms for collecting and investigating problem clues, assigning supervision and handling, and investigated and dealt with 932 cases of damaging the business environment, style, and corruption, such as cheating, cheating, and operating in secret. 1179 people have been criticized, educated, and dealt with, of which 677 have been given disciplinary and administrative sanctions. The second half of the article focuses on investigating and handling cases, with the city publicly disclosing and exposing 80 typical cases of damaging the business environment, continuously optimizing the business environment, and safeguarding the high-quality development of the private economy. (New Society)

Edit:Rina Responsible editor:Lily

Source:gmw.cn

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