Representatives and members discuss the establishment of a long-term mechanism for regulating and improving administrative law enforcement in enterprises
2026-03-12
This year's government work report proposed the establishment of a long-term mechanism for regulating administrative law enforcement related to enterprises during the deployment of work for 2026, which has sparked heated discussions among representatives and committee members. Since March last year, the special action to standardize administrative law enforcement related to enterprises has been comprehensively launched nationwide, achieving significant results. Representatives and committee members have put forward suggestions to consolidate and deepen the achievements of the special action on regulating enterprise related administrative law enforcement, improve the long-term mechanism for regulating enterprise related administrative law enforcement, and better serve the rule of law business environment and the construction of a unified national market. Providing entrepreneurs with a "reassurance pill" and regulating administrative law enforcement related to enterprises is directly related to the protection of their legitimate rights and interests, market order stability, and high-quality economic and social development. It is an important measure to safeguard enterprise rights and interests, rectify prominent problems, optimize the business environment, promote law based administration, and maintain social stability. It is not only an inevitable requirement for promoting high-quality economic development, but also a practical need to stimulate market vitality, stabilize social expectations, and serve enterprise development. It has significant and far-reaching significance for building a pro clean government business relationship and achieving positive interaction between government and enterprises. ”Zhou Youyong, a National People's Congress representative and a full-time member of the Social Construction Committee of the National People's Congress, said. Zhou Youyong pointed out that since the launch of the special action to standardize administrative law enforcement related to enterprises in March last year, various regions have promoted the comprehensive supervision model of "entering one door and investigating multiple matters", and promoted collaborative inspections covering multiple business areas, significantly reducing the burden on enterprises. With the continuous deepening of the special action to regulate administrative law enforcement related to enterprises, the Ministry of Justice has released four batches of typical cases of the special action to regulate administrative law enforcement related to enterprises, fully demonstrating the important role of administrative law enforcement supervision in regulating law enforcement behavior, maintaining market order, and stimulating enterprise vitality. In the past, companies had to spend energy dealing with repeated inspections and multiple law enforcement agencies. Now, with the motto of 'no problem, no disturbance', we can truly invest our time, manpower, and financial resources in product innovation, cultural heritage, and market development. ”Regarding the improvement brought by standardizing administrative law enforcement related to enterprises, Xia Hua, a National People's Congress representative, Vice President of the China Chamber of Commerce, and Chairman of Yiwen Group who has been deeply involved in industry for 30 years, said, "Standardizing administrative law enforcement related to enterprises gives entrepreneurs a 'reassurance pill'. If the expectation is stable, then they have confidence, and if they have confidence, then they dare to invest, innovate, and take responsibility. Only then can we rest assured to root deeper and make our business more sustainable." Since the launch of the special action to standardize administrative law enforcement related to enterprises, Xia Hua has been both a witness and a researcher. Last year, she accompanied the All China Federation of Industry and Commerce to visit and investigate many different types of enterprises. Her deepest feeling is that this special action is not a "gust of wind" rectification, but a "key move" to optimize the business environment in a tangible way. The sense of gain, happiness, and security of the enterprise has been significantly improved. Since the launch of the special action, the country has carried out in-depth rectification of prominent problems in administrative law enforcement related to enterprises, and the concept of strict, standardized, fair and civilized law enforcement has been continuously strengthened. A number of law enforcement irregularities strongly reflected by enterprises have been effectively rectified, the legitimate rights and interests of market entities have been effectively safeguarded, the sense of gain for enterprises and the masses has been continuously enhanced, and the legal business environment has been continuously optimized, providing strong support for consolidating the momentum of economic recovery. The series of innovative measures launched by various regions to standardize the special action of administrative law enforcement related to enterprises have achieved significant results, which cannot be separated from the solid promotion of various regions and the continuous implementation of a series of innovative measures. Since last year, Jiangsu has solidly carried out a special action to standardize administrative law enforcement related to enterprises, issued 15 measures to standardize administrative inspections related to enterprises, and launched 35 practical measures for the convenience of enterprises, such as "approval services for large-scale transportation" and "shared inspection rooms for small and micro food enterprises". The province has achieved a "five decline" in administrative inspections, on-site inspections, administrative penalties, fines, and the number of new administrative reconsideration applications related to enterprises. According to Zhang Xiaowei, a representative of the National People's Congress and Secretary of the Party Committee and Director of the Jiangsu Provincial Department of Justice, specific measures include establishing and improving systems such as administrative inspection subject confirmation announcements, item list management, and plan management to constrain arbitrary law enforcement through rigid systems; Vigorously promote "off-site supervision", comprehensively utilize remote sensing monitoring, online monitoring and other technological means, and achieve "no disturbance, everywhere"; Focusing on key areas and regions, closely monitoring the urgent needs and concerns of enterprises and the public, conducting in-depth investigations and rectification of law enforcement issues related to enterprises, establishing a direct mechanism of "contact points+monitoring points" for enterprises, and forming a closed loop of "discovery transfer disposal" work for problem clues. Guangdong has established a data sharing mechanism, using platforms such as' Guangdong Law Enforcement 'to comprehensively investigate problem clues, promoting the coordination and linkage between the administrative law enforcement supervision platform and the' 12345 'platform, and establishing a closed-loop mechanism. According to the procedure, 19 regulations and rules related to enterprises, as well as more than 90 policy documents, have been revised and abolished, with a focus on clearing legal barriers for the construction of a unified large market. Activate the 'Enterprise related Administrative Inspection Publicity Column' on the provincial administrative law enforcement information disclosure platform, and promote the unified disclosure of six types of elements, including inspection items, inspection basis, and inspection standards, for more than 4400 enterprise related law enforcement entities in the province. Fully implement the 'bright code entry into enterprises' policy, ensuring that' inspection must be marked with a code, marking the location with a code, and monitoring the location with a code ', and use' rule of law+technology 'methods to leave a trace throughout the entire process of enterprise inspections. ”Chen Xudong, a member of the National People's Congress and Secretary of the Party Committee and Director of the Guangdong Provincial Department of Justice, said. Sichuan innovatively promotes the operation of the "Tianfu Enterprise Entry Code", which tightens the institutional fence from the source by "scanning the code to enter the enterprise and leaving traces throughout the process". For key areas related to people's lives and health, such as food and drugs, safety production, etc., regulatory responsibilities are fulfilled in accordance with the law, achieving "all inspections that should be conducted and all inspections that should be conducted". In 2025, the number of administrative inspections in the province will significantly decrease year-on-year. Li Dan, a representative of the National People's Congress and Secretary of the Party Committee and Director of the Department of Justice of Sichuan Province, told reporters that Sichuan has taken the lead in issuing the provincial government regulations "Regulations on Regulating Administrative Law Enforcement Discretionary Power in Sichuan Province", promoting graded and classified supervision, and "no matter what, no disturbance" to enterprises with good credit and "precise supervision" to enterprises with high risks. The certainty of the system has given enterprises the confidence to operate and develop freely in Sichuan with peace of mind. The representatives and committee members put forward their own opinions on how to improve the long-term mechanism for regulating enterprise related administrative law enforcement by strengthening supervision and promoting standardization in a normalized manner. Zhou Youyong suggested further deepening the construction of administrative law enforcement norms, improving the benchmark for administrative penalty discretion, unifying law enforcement standards, and refining the application of "minor non punishment", "first violation non punishment", and "reduced punishment"; Strengthen the rigid constraints of implementing the Administrative Law Enforcement Supervision Regulations, improve the economic impact assessment mechanism for enterprise related law enforcement, establish a normalized monitoring mechanism for abnormal growth of confiscated income, and establish a system for reporting major illegal issues through interviews; Establish a sound mechanism for cross departmental and cross regional law enforcement cooperation, promote the establishment of a unified national administrative law enforcement information platform, screen abnormal law enforcement data through big data, and transform from passive inspection to active warning, allowing "data to run away more" and making supervision more accurate; Improve the diversified and collaborative supervision system of internal administrative supervision, judicial supervision, social supervision, disciplinary inspection and supervision, effectively avoid illegal and improper law enforcement behavior, and jointly create a stable, fair, transparent, and predictable legal business environment for enterprise development. Xia Hua calls for accelerating the revision of the Price Law, introducing the "Measures for Handling Illegal and Irregular Charges by Enterprises", clarifying the legal responsibilities for illegal charges, increasing the cost of illegal charges, and using institutional rigidity to deter illegal charging behavior. At the same time, in policy formulation, improvement of law enforcement standards, and evaluation of law enforcement effectiveness, the opinions of enterprises and industry associations are fully solicited, and a normalized government enterprise communication mechanism is established to make law enforcement policies more precise and down-to-earth. It is suggested to establish a hierarchical and classified supervision mechanism for enterprises, implement differentiated supervision measures for enterprise classification from low to high according to the degree of risk, and reduce institutional transaction costs for enterprises; Deepen the reform of 'comprehensive inspection once', implement the inspection filing system and inspection checklist system, and integrate all inspection activities for entering enterprises into one platform for management. ”Cheng Ping, a representative of the National People's Congress and director of Shandong Wenkang (Linyi) Law Firm, said, "It is suggested that judicial administrative organs strengthen law enforcement supervision, improve the mechanism for responding to enterprise demands and evaluating case files, solidify achievements through systems, regulate law enforcement through supervision, and use the rule of law to safeguard enterprises and promote high-quality economic and social development." Chi Rida, a member of the National Committee of the Chinese People's Political Consultative Conference and a partner of Shanghai Gongcheng Yingtai Law Firm, believes that the advantages of the CPPCC's specialized consultation institutions can be leveraged to improve the mechanism for members to contact the masses in different sectors, better play the role of the CPPCC as an "important battlefield", "important platform", and "important channel", promote the establishment of "business environment law enforcement observation points", and regularly organize exchange activities between entrepreneurs and industry. Establish a direct channel for law enforcement opinions related to enterprises, so that their demands can reach the law enforcement supervision department in a timely manner. At the same time, it is recommended to promote the revision of the supporting rules of the Administrative Penalty Law as soon as possible, clarify the discretionary standards such as the "exemption list" and "first violation without punishment" for enterprise law enforcement, and especially refine the rules for inclusive and prudent supervision of new technologies and new business formats. (New Society)
Edit:Linian Responsible editor:Yiyi
Source:legaldaily
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