Recently，"Guiding Opinions on the State Council on Further Standardized and Supervised the Setting and Implementation and Implementation" has been publicly released。The State Council News Office held a routine briefing of the State Council's policy on the afternoon of February 28, 2024，Deputy Minister of the Ministry of Justice introduced the "Guidance Opinions of the State Council on Further Standardized and Supervised the Setting and Implementation of Implementation and Implementation"。How to regulate the setting and implementation of fines? How to grasp the principle of considerable penalties in specific implementation?
How to regulate the setting of fines?
1 is to prevent excessive setting fines。For Education persuasion、Order to correct、Management of information disclosure and other methods，188bet casino review Generally without a fine。When the fine and punishment cannot be managed effectively，To determine more appropriate punishment types in accordance with the law。To ensure that the set of fines can effectively curb illegal，Inspirational law。
Second, the required setting fine should be balanced。Set up uneven problems for punishment，Standards the same administrative regulations、Regulations must coordinate with each other for different illegal acts，Different administrative regulations、Regulations must be connected to each other for the same illegal act。The total is，To solve the problem of inconsistency in the current fine regulations，This is mainly to put forward higher requirements for legislators。Problems with too much penalties for the fined settings，The minimum amount of fines and the highest amount of fines generally does not exceed 10 times。The amount of fines for some fines is high、Not easy to execute and other questions，"Opinions" also emphasized，It is intended to specify a higher penalty amount，To fully listen to experts and scholars and other aspects，Refer to similar illegal acts in different fields or the amount of fines of different illegal acts in the same field。At the same time，Opinions also encourage cross -administrative areas to jointly formulate a unified regulatory system and standard specifications in accordance with regulations，Collaborative promotion of fines、Tailors benchmarks, etc. are relative unified。This is mainly to solve the standards between adjacent areas and try to unify，Avoid problems with excessive differences。This is the setting of fines。
How to regulate the implementation of fines?
First, the implementation of fines must meet the considerable principles of over -penalty，When light is light、This weight is heavy。Depending on the actual situation of different areas，Scientific refinement from light、Reduce、No punishment、It 188bet mobile app android can not be punished;，To apply for administrative punishment law according to law。Safety production、Life Health、Product quality and other key areas should increase law enforcement，For serious violations，It is necessary to implement the "Penalty to the People" requirements in accordance with the law，Resolutely safeguard the legitimate rights and interests of enterprises and the masses。
The second is the fine decision to meet the legal、Agreement and reasonable。The fine decision must be fully considered by the public's personal experience，Make sure the fine decisions meet the legal，and consider related affairs and affairs，At the same time, we must optimize the fine decision to delay、Performance Performance System。Encourage administrative organs to establish a normalized communication mechanism with enterprises and the masses，Strengthen follow -up assistance guidance，Explore the construction of "prevention -oriented、Mild penalty、Strict punishment of violations、Penalties are equal、After -after -return visit "and other law enforcement modes。
Third, put forward new requirements for standardizing electronic technology monitoring equipment。It is clearly proposed by the end of December 2024，is before the end of this year，Carry out a comprehensive cleanup of law enforcement electronic technology monitoring equipment、Standard work。Before the end of each year，Before the end of each year，Relevant departments of local people's governments at or above the county level、Township (street) should be from the people's government at the same level、The new situation of the monitoring equipment reported by the people's government at the higher level。For this，The judicial administrative department must strengthen law enforcement supervision。
How to grasp the principle of considerable penalties in the specific implementation?
First is to refine the 188bet review consideration of "over" and "punishment"。Requires to consider the subjective error of the parties、profitability，Specific consideration of the consideration of "over" and "punishment"。At the same time，Proposal considering the level of economic and social development、Industry Features、Local actual、Factors and other factors such as fines of similar illegal acts，Differential situation、Classification Treatment，Factive factors for the reasonable setting of fines，This width is width、When strictness is strict。
The second is to clarify the applicable relationship between the single -line method and the administrative punishment method。When the administrative organs shall be punished for fines such as fines，It is difficult to reflect the principle of considerable punishment if the one -line method is used alone，but the light stipulated in the administrative penalty law、Reduce、No Yu、It can be punished without punishment，Applicable administrative punishment law。
Third, to strengthen the guidance of law enforcement by formulating a list and publishing typical cases。Encourage the administrative organs to formulate it、You can not give it、Reduce、Light、Punishment list from heavy fines，According to the administrative penalty law、Related legal specifications regularly sort out、Published a typical case，Strengthening guidance、Training。
Increase income for punishment、Punishment of penalties、Non -fine fines such as profit -seeking and other fines，How to effectively supervise and manage?
1 is to emphasize three "no"、Two "prohibited"。Requirement of fines must be legal and appropriate。One aspect，Do not give a fine fine or high fine，Do not reduce the threshold for identification of illegal acts at will，The scope of illegal acts must not be expanded at will。In other words，fines cannot be free，Penalties 188bet mobile app android should be equal，Penalties should be precise，Regulations have a certain amount of fines，Don’t use the highest or maximum gear to impose fines directly;、Small wrongdoing and small punishment，Can't make a small wrong penalty、Big error light punishment，Punishment that should not be punished，The heavy penalty of the light penalty，The heavy penalty of the heavy penalty。On the other hand，It is two "prohibited"，Strictly prohibit a fine of profit，It is strictly forbidden to give a fine to illegal acts that have exceeded the period of legal accountability，Drah a red line。
Second, the facts of illegal acts、Nature、Cases that are basically similar to the degree of social harm，To ensure that the scale of fines meets legal requirements，Avoid different penalties for cases。Solve this problem，It mainly depends on the formulation of administrative tailor rights。Previous，The "Opinions on Further Regulating the Formation and Management of Administrative Tailors" issued by the General Office of the State Council put forward comprehensive requirements，Requires all places、Each department shall quickly formulate it in accordance with the document、Regulations、Announced administrative tailor rights base，Law、Regulations、Principles in regulations or law enforcement rights with certain elasticity、Refined quantitative measuring amplitude。Especially for a certain amount of the amount of fines，Divide the order between the maximum and minimum amount，Try to compress the tailor space as much as possible。
Third is to develop the source governance。Pay attention to society、Complaint Report Concentration、Frequent fines for illegal acts，To comprehensively analyze and judge，Management measures for targeted optimization，Can't just punish it without any punishment。For industries involving public safety 188bet app and the health of the masses、Universal problems in the field，Breast one against three，Promote from case management to class management to system governance，Implement "handling one case、Governance of a category、Affects a domain "。
Fourth is to increase notification and exposure。To strengthen analysis and judgment and guidance and supervision，Collect high -frequency complaint matters and online public opinion，Timely report on a typical illegal issue in setting or improving fines、Name exposure，Disclosure to relevant personnel in accordance with laws and regulations。
How to regulate non -on -site law enforcement?
First，Manage two "quantities"。1 is to clean up and standardize "stock"。Relevant departments of local governments at or above the county level、The township people's government (street office) should complete the cleanup of law enforcement electronic technology monitoring equipment、Standard work，Specific to stop using illegal use in time、Not compliance、Unnecessary monitoring equipment，The results of cleaning should be reported to the government and superior governments。In recent years，Some provinces have carried out special cleanup of electronic technology monitoring equipment，Some also formulated corresponding management measures，All have achieved very good results。Second is the supervision and report "increment"。That is to establish an annual report system for the new situation of monitoring equipment，To increase its openness and transparency，To accept supervision in all aspects。
Second，Three "levels"。1 is to strictly take the legal review "Guan"。Use the monitoring equipment to collect、Fixed illegal facts，It should be reviewed by the legal system。To determine the setting of the monitoring equipment according to the needs of the supervision、Space and quantity，The location of the setting must have obvious visible signs，188bet review It must be announced to the society in a timely manner before putting in use，It is strictly forbidden to set it up at will in order to increase the fine income from the actual supervision。Second is to strictly review the technical review "Guan"。Use the monitoring equipment to collect、Fixed illegal facts，It should be reviewed by technical review。Mainly requires that the equipment is accurate，Not verified by law、Those who have not been verified within the time limit or those who have not passed the verification shall not be used。Third is to strictly control law enforcement supervision "Guan"。To make full use of big data analysis and judgment，Collection of illegal facts、Monitoring equipment with a high amount of fines to carry out key supervision。illegal illegal settings，or immediately stop using the abuse of monitoring equipment，Evaluation and rectification of verification and evaluation within a time limit。"Opinions" also emphasized，The judicial administrative departments at all levels should strengthen law enforcement supervision，Supervise implementation。
