Shaanxi Unveiled New Rules, And Heavy Penalties Must Be Subject To Record Supervision.
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Shaanxi
The provincial regulations on the discretionary power of administrative penalties (hereinafter referred to as the "Regulations") have been promulgated recently.
According to the regulations, administrative penalties are divided into 5 steps: heavier punishment, general punishment, lighter or mitigated punishment, and no punishment.
For the cases of "heavier punishment", the requirements of the "Regulations" shall be reported to the legal organs of the government for the record.
Government legal system
Institutional review found that cases handled illegally should be corrected or revoked.
Heavy penalties should be accepted.
Record supervision
It is a highlight of the regulations.
The specific procedures are: administrative penalty cases from heavy administrative penalty cases or hearing procedures shall be decided by the heads of the administrative organs for collective discussion, and within 30 days from the date of making the decision, the administrative penalty decisions and necessary materials shall be filed according to the following provisions: the people's Government shall make a decision and submit a report to the Legal Affairs Office of the people's government at the next higher level for the record; if the decision of the Work Department of the people's government decides, it shall be reported to the Legal Work Department of the people's government at the corresponding level and the corresponding working department of the people's government at the next higher level for the record.
The administrative organs of the government's legal work institutions and those with vertical management below the provincial level shall examine the cases filed for archival filing, and find that if the cases are illegal, they shall be corrected or revoked.
If a government's legal work institution repeal a case, it shall be subject to the consent of the people's government at the corresponding level.
If it fails to file a record within the prescribed time limit, it shall be ordered by the government's legal work organization or the government's work department to file a record. If it refuses to file a record, it shall be investigated and dealt with by the administrative supervision organ according to law.
The above provisions actually strengthen the management responsibilities of governments at all levels for administrative penalties.
According to the traditional concept, the government does not control the specific administrative affairs of the various departments of the government. The specific administrative act of the government is limited by the provisions of the law.
However, because administrative punishment is related to social stability and is related to the construction of the rule of law and the image of the government, the regulations require that the people's government at or above the county level should strengthen the organizational leadership of standardizing the administrative discretion in the administrative area, and standardize the work of discretionary power in administrative penalties, as a matter of administration according to law, and be included in the objective responsibility assessment of people's governments at all levels.
These Provisions are to put the management of administrative penalties on the agenda of the government. We must have the requirements, supervision, assessment and results for administrative penalties.
In addition, the regulations also require that administrative penalties should be fair and impartial, and that colleagues should be punished: the equal treatment of administrative counterparts, the facts, nature, circumstances, and social harm of illegal offenses are basically the same or similar. Administrative penalties should be given to a certain extent; the measures and means to make the discretionary power of administrative penalty should be appropriate and different ways can be taken to achieve the purpose of administration.
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