2024-08-20
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The Fifth Plenary Session of the State Council held recently emphasized that administrative law enforcement should take maintaining the socialist market economic order as its fundamental goal, and problems such as random inspections and fines should be stopped and corrected in a timely manner, so as to promote innovation and development of all types of business entities through a good business environment.
Strictly stopping and correcting arbitrary fines has been emphasized many times. In February this year, the State Council issued the "Guiding Opinions on Further Standardizing and Supervising the Setting and Implementation of Fines" (hereinafter referred to as the "Opinions"), which for the first time standardized the setting and implementation of fines in administrative laws and regulations, aiming to solve the outstanding problems in the setting and implementation of fines. This time, the issue of arbitrary fines was emphasized again at the plenary meeting of the State Council, which fully demonstrated the importance and urgency of solving this problem.
Data shows that in the first half of this year, the national non-tax revenue increased by 11.7% year-on-year to 2.18 trillion yuan, a considerable portion of which was fines. This is due to both strict law enforcement and the use of fines to ease local fiscal revenue constraints. Some places even use the amount of fines as a performance evaluation indicator for departments or individuals, causing many law enforcement officers to impose fines at will in order to complete their tasks.
First of all, we must fully recognize the serious harm of arbitrary fines, which not only damages the market economic order, but also undermines the credibility of local governments.
Random fines are a big problem, and also a headache. The "big" and "headache" are reflected in two aspects. First, random fines can easily put a company to death. Just like the "false statement" of a staff member of the Chengwu County Market Supervision and Administration Bureau in Shandong Province that was recently exposed: it is too easy to bring down a company. In this regard, the local area has set up a special investigation team. Second, for the parties involved, random fines are an unwarranted disaster. Some places even restrict personal freedom or threaten criminal liability as a means of collecting fines.