Law

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

2026-01-30   

On January 29, the Ministry of Justice released the fourth batch of typical cases of the special action toize administrative law enforcement involving enterprises. The eight cases released this time centrally show the effective practices of various places in rectifying the "four disorders" (i.e., disorder charging, fines, inspections, and seizures), promoting the performance of duties, coordinating overall coordination, and escorting the construction of a unified domestic market, fully demonstrating the important of administrative law enforcement supervision in regulating law enforcement behavior, maintaining market order, and stimulating the vitality of enterprises. It is understood that as the special action to standardize administrative enforcement involving enterprises continues to deepen, localities focus on the urgent problems of enterprises and take administrative law enforcement supervision as the starting point to resolutely rectify prominent problems in law, strive to solve the pain points and difficulties such as inaction, disorderly conduct, and poor cross-departmental supervision coordination, while strengthening institutional restructuring and source governance to protect the legitimate rights and interests of enterprises and continuously optimize the business environment. Focusing on the rectification of the "four disorders", rigid supervision is used to reduce and alleviate difficulties for enterprises. The "four disorders" directly increase the burden of business operations and disrupt the fair order of the market, and are the key focus of the special action Law enforcement supervision institutions at all levels have unblocked channels for enterprise demands and strictly rectified behaviors such as excessive seizure and illegal charging, which are "four disorders", to release the shackles and reduce burdens for enterprises. The Administrative Law Enforcement Coordination and Supervision Bureau of a county government in Guangxi targeted the problem of the county housing urban-rural construction bureau repeatedly extending the seizure period and seizing the property involved beyond the period, urged it to rectify within a time limit and carry out special warning, and at the same time promoted the transfer of clues to the discipline inspection and supervision organs for accountability, which effectively corrected the procedural violations in the field of administrative compulsion. The Law Enforcement Coordination and Supervision Bureau of a district government in Zhejiang targeted the problem of the district emergency management bureau illegally transferring training costs, urged it to correct immediately and a full refund, and guaranteed the training through special financial funds, directly saving the enterprises economic losses. Strengthening the supervision of the performance of duties and correcting the of inaction and disorderly conduct. Whether law enforcement personnel perform their duties according to law and exercise their power in a standardized manner directly affects the sense of security of business operations. enforcement supervision institutions at all levels focus on issues such as law enforcement inaction, exceeding authority, and clarify the boundaries of powers and responsibilities, promote the performance of duties, and the abuse of law enforcement powers from interfering with the normal business operations of enterprises. The Administrative Law Enforcement Coordination and Supervision Office of a county government in Hainan relied on "12345" hotline linkage mechanism, quickly responded to enterprise demands, corrected the problem of law enforcement inaction of the county comprehensive law enforcement bureau, saved the enterprises from operating losses. The Administrative Law Enforcement Coordination and Supervision Bureau of a district government in Hunan urged the district urban management bureau to immediately revoke the enforcement actions that exceeded its authority, effectively preventing the problem of law enforcement interfering with business operations due to unclear authority division.

Play a coordinating role to solve the problem of law enforcement coordination. In view of the problems such as unclear boundaries ofibilities and poor coordination in cross-departmental and cross-domain supervision, the administrative law enforcement supervision institutions at all levels promote multi-departmental linkage research and disposal, so as to maximize the regulatory efficiency. The Administrative Law Enforcement Coordination and Supervision Bureau of a municipal government in Shandong organized relevant departments to conduct joint research,ify the measurement standards, and ensure the unity of law enforcement scale. It also promotes the establishment of cross-departmental law enforcement coordination mechanism, strengthens the source governance, improves the ability of enterprises to prevent legal risks. The municipal and district-level administrative law enforcement supervision institutions in Chongqing play the advantage of hierarchical linkage, coordinate-departments to establish a joint law enforcement group, and solve the problem of cross-departmental connection in the supervision of hazardous chemicals. At the same time, it gives guidance in key links such as evidence credibility and case transfer, so as to ensure that the implementation of administrative and criminal connection is in place. Promote the reconstruction of the system create a fair market environment. The construction of a unified national market needs to resolutely break the hidden barriers such as local protection and administrative monopoly, and create a fair competitive and standardized environment. The administrative law enforcement supervision institutions at all levels focus on the behavior of setting up access licenses in disguise and the inappropriate application of legal basis, which hinders fair competition, and through supervision and correction and system reconstruction, create an equal access and fair competitive market environment. The Administrative Law Enforcement Coordination and Supervision Bureau of a county government in Jiang corrected the illegal and disguised administrative licensing behavior of the Urban Management Bureau of the county city, and promoted the optimization of industry supervision through case supervision, which protected the equal participation of types of operating entities in market competition. The Administrative Law Enforcement Coordination and Supervision Bureau of a municipal government in Fujian fully played the role of internal hierarchical supervision of law departments according to the strong professionalism of the case, promoted the Municipal Market Supervision Bureau to correct the problems of inaccurate case definition and incorrect application of law by the lower-level Marketision Bureau, and ensured the unification of industry supervision rules and law enforcement standards, and maintained the market fair competition order. Looking forward, the Ministry of Justice will continue to all localities to deepen the special action of regulating law enforcement involving enterprises, summarize and promote the beneficial experience of typical cases, further strengthen the overall coordination and source governance role of administrative law enforcement supervision, and promote the deep development of the standardization of law enforcement. Continuously improve the accuracy and effectiveness of administrative law enforcement supervision, truly transform the institutional advantages governance effectiveness, create a stable, fair, transparent and foreseeable legal business environment for enterprise development, and help the high-quality development of the economy. (Liaoxin News Agency)

Edit:Chenjie Responsible editor:Yiyi

Source:legaldaily

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