China.org.cn | December 9, 2024
CCTV:
The meeting of the Political Bureau of the CPC Central Committee pointed out that in order to help enterprises navigate difficulties, it is necessary to further standardize the law enforcement and regulatory behaviors related to enterprises. What other targeted measures will the SAMR take in regulating law enforcement and supervision of enterprises? Thank you.
Luo Wen:
Thank you for your question. The SAMR will soon release the Guiding Opinions on Firmly Establishing the Concept of Supervision for the People and Promoting Service-Oriented Law Enforcement and the Code of Conduct for Market Supervision and Law Enforcement. These will further standardize law enforcement and supervision behavior from the following four aspects:
First, we will refine the standards for administrative discretion and proportional punishment. We will improve the system for the discretion of administrative penalties in market regulation, promote the alignment of administrative law enforcement standards across regions, implement a guiding case system, and promote the unification of law enforcement standards. Minor violations of the law will be exempted from punishment or given lighter or mitigated punishments. However, those who endanger the lives and health of the people and the safety of property, harm the public interest, challenge the moral bottom line and cause significant social impact, shall be severely punished in accordance with the law.
Second, we will optimize law enforcement methods to reflect a more considerate approach. By using reasoning-based law enforcement documents and language, we aim to clearly explain the facts of the violation, the basis for punishment and the available remedies to the parties involved, and strive to gain their understanding and cooperation. We will improve the law enforcement that combines punishment with education, and adhere to the principle of popularizing legal knowledge in advance, reasoning during the incident and resolving doubts afterward. We will establish mechanisms for post-case guidance, rectification checks and assistance for difficulties, so as to encourage the parties concerned to comply with decisions and correct illegal behaviors.
Third, we will standardize routine supervision to avoid unnecessary disturbances. We will fully implement practices such as the random selection of inspectors and inspection targets, and the prompt release of results. By using databases of inspection targets and law enforcement inspection personnel, we will randomly select inspection objects, randomly select inspectors, and ensure no repetitive, overlapping or excessive inspections. We will strengthen categorized credit risk management for enterprises, scientifically apply risk levels, and reasonably determine and dynamically adjust the proportions and frequency of inspections. Enterprises maintaining good credit will be left undisturbed. We will also accelerate the promotion of cross-departmental comprehensive supervision and joint inspections, aim to achieve "multiple checks during a single visit," so as to truly reduce the burden on enterprises.
Fourth, we will enhance legal education services and promote enterprise self-discipline. We will take legal education as the prerequisite and basis for supervision and law enforcement. We will take the prevention of illegal acts and serving the healthy development of business entities as important tasks of legal supervision. And we will make better use of the legal education and administrative guidance to help enterprises correct deviations and prevent mistakes. In addition, enterprises will be encouraged to strengthen compliance capacity, increase awareness of integrity and abiding by the law, and enhance their capabilities to operate in accordance with laws and regulations. It is necessary to conduct in-depth analysis and assessments on issues that signal unfavorable trends and potentials in individual cases. We will promptly remind, warn and urge similar enterprises, and promote enterprises to consciously operate in accordance with laws. Thank you.