Recently, Chifeng City issued the “Chifeng City Minor Illegal Acts Exempted from Punishment According to Law” List”. The issuance of the list of exemptions from punishment is a concrete manifestation of Xi Jinping’s thought on the rule of law. The Autonomous Region’s Notice of Action Plan for Serving Market Entities with a Better Business Environment” (Neizheng Fa [2022] No. 4) and other documents require the implementation of inclusive and prudent supervision and innovative measures to serve market entities with a better business environment under the rule of law.
The “List” is compiled by adhering to the principles of legal supervision, equal penalties, proper procedures, and unity of rights and responsibilities. Formed after repeated research and demonstration and extensive listening to opinions, it targets 5 types of market entities ( State-owned enterprises, collective enterprises, private enterprises, foreign-invested enterprises, individual industrial and commercial households, etc.) introduced a total of 212 exemptions from punishment.
The List provides specific provisions and applicable conditions for exemptions from punishment, focusing on solving the problems of front-line administrative law enforcement personnel. In the absence of a clear institutional basis, there are two problems: one is the confusion of “what constitutes a minor illegal act”; the other is the worry that “exemption from punishment” will be labeled as “administrative omission”. Formulate a list of minor violations exempted from administrative punishment in accordance with the law, and clarify the violations that should be exempted from punishment in law enforcement practice in the form of a “list”, avoiding the situation that administrative law enforcement officers “will not” or “dare not” to grant exemption from punishment . The “List” is made public to the public, which is convenient for law enforcement officers to implement, and guides operators to correct their mistakes, realizes both tolerance and prudence and strict supervision, further stimulates the vitality of market entities, and makes administrative law enforcement both strong and warm.
After the implementation of the “List”, the Chifeng Municipal Bureau of Justice will track and supervise the implementation, and will provide If the implementation is not effective, put forward supervision opinions, resolutely correct the cases of exemption from administrative punishment where the facts are unclear or the procedures are illegal, and implement dynamic management of the list to ensure that the work of exempting minor violations from punishment according to law is in place, and create a stable, fair and transparent city in our city. , A predictable business environment governed by the rule of law.