China.org.cn | December 9, 2024
Red Star News:
Currently, improper behaviors still exist in enterprise-related law enforcement, and some administrative law enforcement personnels act inappropriately and even rudely. What measures will the MOJ take to intensify the supervision of enterprise-related administrative law enforcement, build law-enforcement capacity and correct wrongdoing according to the law? Thank you.
Hu Weilie:
Thank you for your question. Regarding prominent problems with administrative law enforcement, the MOJ will give full play to the functions of inspecting the rule of law, coordinating and supervising administrative law enforcement as well as administrative reconsideration, and will work with relevant departments to form synergy and intensify oversight to comprehensively improve the quality and efficiency of law enforcement.
We will make great efforts to address prominent problems frequently complained about by enterprises and the public, including irresponsible and neglectful administrative law enforcement. Recently, the Commission for Overall Law-based Governance under the CPC Central Committee launched enforcement inspections targeting the law-based business environment. The MOJ and relevant departments currently are conducting a special nationwide inspection campaign that focuses on rectifying wrongdoing such as disturbing business operations with law enforcement or law enforcement for the purpose of increasing revenue. Relevant government organs will be asked to push forward rectifications to further increasing people's sense of satisfaction. We will release a batch of administrative law enforcement supervision cases soon to guide judicial and administrative organs at all levels with intensifying enterprise-related law enforcement oversight.
We will make great efforts to improve business-related inspections. We have recently noticed that during the process of soliciting public opinion on draft law on private sector promotion, enterprises complained a lot about overly frequent, arbitrary and repeated inspections, which disturbed the enterprises' normal operations. With the current special oversight, we have made administrative inspections a priority, and have made more efforts to rectify and standardize irregular and excessive inspections. Typical cases will be made known after the enforcement inspection to strengthen supervision on improvements. Looking forward, we will formulate relevant regulations, improve management and procedures with administrative inspection and will guide law enforcement authorities at all levels to initiate tiered and classified inspections. By doing so, the rigid constraints of abolishing irregular and excessive inspections will be strengthened by institutions. At the same time, a national information system on integrated management and supervision for administrative law enforcement will be accelerated to govern such procedures through the use of information technology.
We will comprehensively strengthen supervision over fines. We will standardize the setting and implementation of fines in accordance with the law, and resolutely prevent the use of fines to increase income or take the place of governance. We will vigorously promote the establishment of a system of standards across various regions and relevant departments on administrative discretion for matters such as administrative penalties and administrative inspections, so as to effectively solve the problem of inconsistent and uncoordinated law enforcement standards.
We will encourage law enforcement departments at all levels to establish and improve the economic impact assessment system for enterprise-related law enforcement, so as to minimize the negative impact of administrative law enforcement activities on the normal production and operation of enterprises. When administrative departments file a case, investigate, take coercive measures such as sealing, sequestering, and freezing of assets, or impose major administrative penalties on an enterprise involved in a case, they are required to conduct a comprehensive study into the possible impact on the enterprise's production and operation activities, and undertake targeted prevention and response measures.
We will strengthen communication mechanisms for business-related law enforcement and form a joint force for supervision. This includes establishing comprehensive information-sharing and cooperation mechanisms between administrative law enforcement supervision and channels like the 12345 government service hotline and online media. We will implement an enterprise contact system for administrative law enforcement supervision, collect and coordinate information on law enforcement violations related to enterprises, and ensure relevant law enforcement departments promptly correct issues.
We will improve the system for managing administrative law enforcement personnel and improve their quality and abilities. This includes clarifying qualification requirements for administrative law enforcement personnel and ensuring strict entry standards. We will issue guidelines on non-abusive law enforcement for law enforcement personnel, guide law enforcement personnel to carry out law enforcement activities in a non-abusive way, and conduct training for administrative law enforcement personnel in different levels and categories. We will strictly implement the responsibility system for administrative law enforcement, and promptly transfer any evidence discovered about violations of disciplines and laws by law enforcement personnel to the disciplinary inspection and supervision authorities. That's all from me. Thank you.