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ministry of justice: organize relevant local departments to focus on rectifying "one-size-fits-all" law enforcement and "rough law enforcement"

2024-09-06

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jimu news reporter cao xuejiao

in recent years, law enforcement chaos such as "brutal law enforcement" and "heavy penalties for minor offenses" have occurred from time to time in some places, infringing on the legitimate rights and interests of citizens and enterprises. at a press conference held by the state council information office on september 6, a relevant person in charge of the ministry of justice introduced that the ministry of justice organized relevant local departments to carry out centralized rectification and special supervision, focusing on prominent issues such as "one-size-fits-all" law enforcement and "brutal law enforcement".

at the meeting, kong xiangquan, head of the administrative law enforcement coordination and supervision bureau of the ministry of justice, introducedsince 2023, the ministry of justice has taken a series of practical measures to improve the benchmark system of administrative discretion and strengthen the coordination and supervision of administrative law enforcement, so as to promote the steady improvement of administrative law enforcement levels in various regions and departments. in the next step, the ministry of justice will also do the following work:

the scene of the press conference (source: guoxin.com)

first, organize and carry out special rectification of outstanding problems in administrative law enforcement. focus on the problems of "one-size-fits-all" law enforcement and "rough law enforcement" that the people have strongly reflected, organize local relevant departments to sort out the list of outstanding law enforcement problems in various fields, and carry out rectification and special supervision in a centralized manner. promote the sharing of information between administrative law enforcement supervision and supervision channels such as the 12345 government service hotline, give full play to the role of the administrative law enforcement criticism and suggestion platform, and effectively protect the legitimate rights and interests of the people.

second, improve the benchmark system for administrative discretion. urge and guide relevant local departments to generally establish and improve the benchmark system for administrative discretion in areas such as administrative penalties, unify administrative law enforcement standards, standardize the exercise of law enforcement discretion, and effectively solve outstanding problems such as different penalties for similar administrative penalty cases.

third, standardize the setting and implementation of fines. the ministry of justice urges all localities and departments to actively implement the relevant requirements put forward by the state council, and guides and supervises relevant departments to consider factors such as the level of economic and social development and industry characteristics when setting fines, and reasonably set fines; when implementing fines, comprehensively consider the subjective fault and profit of the parties involved, comply with the principle of proportionality between the fault and the penalty, and avoid the mismatch between the punishment received by the parties and the degree of violation of laws and regulations.

fourth, improve the ability and quality of administrative law enforcement personnel. fully implement the professional qualification management and the certificate-based employment system, improve the entry and exit mechanism for law enforcement personnel, and minimize problems such as inaction and arbitrary law enforcement. fully implement the administrative law enforcement responsibility system, improve the regular training mechanism for administrative law enforcement personnel, and continuously strengthen the political literacy, professional level and integrity awareness of administrative law enforcement personnel.