Law

The Ministry of Justice releases the second batch of typical cases for the special action to standardize administrative law enforcement related to enterprises

2025-10-13   

On October 13th, the Ministry of Justice released the second batch of typical cases for the special action to standardize administrative law enforcement related to enterprises. There are a total of 8 typical cases in this batch, focusing on the theme of rectifying "disorderly inspections" and "disorderly fines", presenting practical results in the governance of "disorderly inspections" and "disorderly fines", and interpreting the important role of administrative law enforcement supervision in rectifying law enforcement chaos and establishing the concept of "law enforcement for the people". It is reported that in the process of promoting the special action of regulating administrative law enforcement related to enterprises, various regions have strengthened individual case supervision, promoted system improvement, and deepened digital empowerment, greatly improving the accuracy and effectiveness of administrative inspections, effectively curbing the phenomenon of "arbitrary fines", and effectively loosening the burden on enterprises, allowing enterprises to intuitively feel the warmth of law enforcement and the sincerity of the rule of law. Strictly investigate the qualifications of the subject and adhere to the bottom line of law based administration. In response to the issue of "unqualified subjects" in enterprise inspections, administrative law enforcement supervision agencies at all levels of government have strengthened supervision, improved institutional mechanisms, and resolutely eliminated unqualified and unauthorized inspections. For example, regarding the issue of street offices violating the regulation of "strictly prohibiting third-party administrative inspections", the Administrative Law Enforcement Supervision Office of a certain district government in Tianjin has promoted the standardization of administrative inspection subjects and behaviors within the region through individual case rectification. The Administrative Law Enforcement Supervision Bureau of a county government in Guizhou Province has extended the issue of independent law enforcement by auxiliary police officers of the county traffic police brigade from individual accountability to procedural norms, clarifying the rights and responsibilities of auxiliary personnel. Excessive inspection of governance to ensure the safe operation of enterprises. In response to the problem of "excessive frequency and repeated disturbance" in enterprise inspections, administrative law enforcement supervision agencies at all levels of government have strengthened supervision linkage and innovated work models, promoting the optimization of administrative inspections from "scattered and arbitrary" to "coordinated and efficient". For example, the two levels of government administrative law enforcement supervision agencies in Inner Mongolia jointly supervise and guide administrative law enforcement departments to correct disorderly inspection behavior, and promote the optimization of inspection models in high-risk areas within the region. The Ecological Environment Bureau of a certain city in Hubei Province is brave enough to self correct, and the Administrative Law Enforcement Supervision Bureau of the municipal government starts with individual case rectification, playing the leading role of the Party committee and government in overall planning, and promoting the formation of a standardized enterprise inspection work mode of "self-examination and self correction+comprehensive standardization" in the city. Rectify illegal activities and maintain fair and just law enforcement. In response to the issues of "setting penalty and confiscation targets in violation of regulations and violating procedures", administrative law enforcement and supervision agencies at all levels of government adhere to a dual approach of "error correction and accountability+system filling" to safeguard the legitimate rights and interests of enterprises from infringement. For example, the Administrative Law Enforcement Supervision Bureau of a county government in Henan province corrected the illegal behavior of the county fire rescue brigade in issuing fines and confiscation targets, demonstrating the role of administrative law enforcement supervision in actively rectifying law enforcement chaos and regulating law enforcement behavior. The Administrative Law Enforcement Supervision Bureau of a county government in Jiangxi Province has ordered the correction, temporary confiscation of the certificates of the involved personnel, and transfer them to the Discipline Inspection Commission and Supervision Commission for accountability in response to the illegal and irregular issues of law enforcement personnel of the county transportation bureau. At the same time, the bureau has promoted the improvement of the law enforcement responsibility and fault investigation system throughout the county, driven by individual case correction to improve the system and prevent "procedural idleness". Standardize the determination of facts to ensure accurate and reasonable punishment. In response to the problem of "unclear facts and repeated punishments", administrative law enforcement supervision agencies at all levels of government adhere to the principle of equal punishment and comprehensive, objective, and fair investigation requirements, and promote the transformation of administrative punishment fact determination from "vague and arbitrary" to "clear and reasonable". For example, the Administrative Law Enforcement Supervision Bureau of a county government in Shandong corrected the issue of improper punishment by the County Comprehensive Administrative Law Enforcement Bureau, guiding it to apply the non punishment provisions based on specific facts in accordance with the law, and achieving a deep transformation from individual case correction to law enforcement concept optimization. The Administrative Law Enforcement Supervision Bureau of a county government in Jilin Province is guiding the county forestry bureau to correct the problem of repeated fines, while promoting the establishment of a law enforcement information sharing mechanism among law enforcement departments, breaking down departmental barriers, and avoiding enterprises from bearing additional burdens due to loopholes in departmental cooperation. Next, the Ministry of Justice will continue to deepen the demonstration, guidance, and warning education role of typical cases, promote greater accountability for illegal law enforcement behavior in various regions, and effectively transform the effectiveness of special actions into a sense of gain and satisfaction for enterprises and the public. (New Society)

Edit:Wang Shu Ying Responsible editor:Li Jie

Source:Rule of Law Daily

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