China.org.cn | October 10, 2024
Nanfang Daily, Nanfang Plus:
In recent years, issues such as arbitrary, unmannerly law enforcement and excessive punishment for minor infractions have occasionally occurred in some areas, infringing on the legitimate rights and interests of citizens and businesses. What measures has the MOJ taken, and will take, to address these problems? Thank you.
Wang Zhenjiang:
Your question is very timely and pertinent. I'll invite Mr. Kong Xiangquan to respond.
Kong Xiangquan:
Thank you for your question. To address the issues you mentioned, the MOJ has implemented a series of practical measures since last year to refine the system of standards on administrative discretion as well as intensify coordination and supervision of administrative law enforcement, improving the administrative law enforcement of all localities and government departments. Looking ahead, we plan to take the following steps:
First, we will launch special campaigns to tackle prominent issues regarding administrative law enforcement. In response to particular public concerns, such as one-size-fits-all law enforcement and rough law enforcement, we will organize related local departments to compile lists of prominent law enforcement issues across different sectors, so as to conduct concentrated rectification and special oversight. Additionally, we will strengthen information sharing between administrative law enforcement oversight and other supervisory channel such as the "12345" government service hotline, fully utilizing the platform to provide supervision, critical feedback and suggestions concerning administrative law enforcement, thus effectively safeguarding people's legitimate rights and interests.
Second, we will further refine the system of standards on administrative discretion. We will urge and guide relevant local authorities to establish and improve this system for matters such as administrative penalties. This will help unify standards in law enforcement and regularize the exercise of discretionary powers, thus effectively resolving acute issues such as inconsistent punishment for similar administrative penalty cases.
Third, we will standardize the setting and imposition of fines. The MOJ urges local authorities and departments to proactively implement the relevant requirements of the State Council. It also guides and supervises relevant departments to reasonably set fines by comprehensively considering factors such as the level of socioeconomic development and industry characteristics. When implementing fines, authorities should holistically consider the subjective culpability and gains of the parties involved. The principle of appropriate fines for faults must be applied to avoid imposing penalties that are disproportionate to the severity of violations.
Fourth, we will enhance the capabilities and professional qualities of administrative law enforcement personnel. We will fully implement the professional qualification management and certificate system for recruitment. We will improve law enforcement personnel's accession and withdrawal mechanism to eliminate issues such as inaction and misconduct in law enforcement as much as possible. We will fully implement the administrative enforcement responsibility system and improve the regular training mechanism for related personnel. These efforts will constantly enhance their political literacy, professional competence and sense of integrity. Thank you.