(Source: 21st Century Business Herald 2024-01-07)
A natural gas transportation company has undergone hundreds of inspections every year in the past three years. Among them, 326 inspections were received in 2021 and 5,344 inspectors were received; 156 inspections were received in 2022 and 1,465 inspectors were received; before the end of July 2023, 110 inspections were received and 513 inspectors were received.
This is a real case of administrative law enforcement supervision released by the Ministry of Justice in November 2024.
In response to the prominent problems of many administrative inspection matters, high frequency, high arbitrary nature, as well as willful inspections, sports-style inspections, and disguised inspections under various names, the General Office of the State Council recently issued the "Opinions on Strictly Standardizing Administrative Inspections in Enterprises" (hereinafter referred to as the "Opinions"), resolutely curb chaos inspections and effectively reduce the burden on enterprises.
Hu Weilie, Vice Minister of Justice, said at the regular policy briefing of the State Council on January 7, 2025 that the main purpose of drafting the "Opinions" is to further optimize the business environment and stabilize the Market expectations boost development confidence, so that enterprises can do things with confidence and develop with peace of mind, and provide strong legal guarantees for the current country's overall economic development strategy.
Repeated checks become prominent problems
At present, repeated inspections have become one of the common and prominent problems that business entities have strong reactions and concentrated opinions.
In the typical case of administrative law enforcement supervision released by the Ministry of Justice in November 2024, in September 2023, a municipal judicial bureau interviewed the head of a natural gas transportation company, the company reported that in recent years, there were many inspection subjects and many inspection contents. The inspection frequency is frequent and the inspection standards are different. The enterprises are tired of dealing with it and the burden of receiving inspections is heavy.
It is understood that the inspection subject mainly involves multiple law enforcement areas such as development and reform, production safety, and energy, and the inspection level involves four levels: province, city, county and township.
In another case, the city's Comprehensive Administrative w88 mobileLaw Enforcement Guidance Office found that from July to October 2023, the city's Culture, Radio, Tourism and Sports Bureau conducted 13 inspections of the city's museums, and carried out Internet cafes and hotels respectively. 5 inspections.
After verification, the bureau has not fully considered the actual situation in order to implement the relevant requirements of the superior cultural and tourism authorities to include the average number of inspections of business units in the jurisdiction in the assessment indicators in the law enforcement index assessment. We conducted high-frequency inspections on many business entities, and no signs of violations of the company were found during the multiple inspections, and the frequency of inspections needed to be increased.
"Unreasonable high-frequency inspections are caused by various factors such as insufficient departmental coordination, performance pressure or interest-driven." said Wang Qingbin, professor at the Institute of Law Government, China University of Political Science and Law.
There are also many multi-head inspections that are inconsistent with the inspection standards. For example, some printing and dyeing companies report that if the dust concentration is too high during the workshop production, it may cause an explosion and is not safe enough.
What are the provisions of the "Opinions" in response to the problems of long-term inspections and repeated inspections that enterprises currently report more?
Fe Xianghong, spokesperson of the Ministry of Justice and director of the Rule of Law Propaganda Center, introduced at the briefing that the "Opinions" mainly focus on strict control of on-site inspections, reasonable selection of inspection methods, establishment of a hierarchical and classified inspection system, and publicizing the upper limit of annual inspection frequency. Regulations have been made in each aspect.
For example, the "Opinions" require that the relevant competent departments must announce the annual frequency limit for the same administrative agency to implement administrative inspections on the same enterprise by the end of June 2025. "The purpose is to use this rigid requirement to minimize the frequency of inspections, effectively reduce some unnecessary inspections, and reduce the burden on enterprises." Fei Xianghong said.
Wang Qingbin told the 21st Century Business Herald reporter that these requirements are conducive to reducing duplicate and unnecessary inspections in enterprises from the source, curbing arbitrary law enforcement, and enabling more law enforcement resources to be accurately invested in necessary inspections and key regulatory areas, and preventing Resource waste, while ensuring that enterprises have w88 online sports bettingenough energy to develop operations and avoid unfair treatment, is conducive to creating a good market environment.
Bood confidence in development
Practice has proved that strictly standardizing administrative inspections related to enterprises are welcomed by enterprises and can promote the healthy development of enterprises.
Xuncheng City, Anhui Province has established a "Enterprise Quiet Day" system, which clearly states that from the 1st to the 20th of each month, except for the provisions of laws and regulations involving production safety, food and drug safety, environmental protection, etc., as well as emergencies, complaints and reports, and case investigations and punishments Except for special reasons, all departments shall not carry out general inspections or research activities.
Wang Xiaojun, head of Xuancheng Liyuan Gas Industry Co., Ltd., said, "The inspections for gas supply companies involve market supervision, emergency management, fire protection and other departments. Now we are jointly inspecting at the end of the month to ensure 20 days of tranquility. No disturbances greatly reduce the reception time of enterprises, allowing enterprises to operate and develop with confidence."
The person in charge of Ecovacs Robot Co., Ltd. located in Suzhou City, Jiangsu Province introduced, "From May 2024 to the end of the year, we have only undergone three inspections in total, which is much less than the same period in 2023. Many of them have been changed to self-inspection and self-correction on the platform, and even the manpower and time investment and paper ledger costs required for on-site inspections have been greatly saved. ”
Liu Bo, director of the Administrative Law Enforcement Coordination and Supervision Bureau of the Ministry of Justice, said at a briefing that many places have made a lot of attempts and explorations, established a unified law enforcement supervision platform, and regulated administrative inspections through digital methods, and obtained Very good results.
The Justice Bureau of Daqing City, Heilongjiang Province has developed the "Code-entering Enterprise" mini program to break the data barriers between law enforcement departments and achieve real-time supervision.
"This 'code entry into enterprises' platform gives enterprises the right to supervise law enforcement evaluation." said Sun Yingwei, deputy general manager of Dashang (Daqing) Xinmat Shopping Mall.
On June 13, 2024, when the law enforcement personnel of the Daqing Market Supervision Administration inspected the mall, they used the QR code of "Corporate Entering the Enterprise" to record the law enforcement time, inspection content, inspection records and the punishment results for problems found. All information is uploaded to the "Code Entry w88 casino gamesEnterprise" platform.
The administrative law enforcement supervisors of the Municipal Justice Bureau will review the platform information one by one, and the inspected companies will also receive text messages simultaneously to evaluate the law enforcement behavior of the law enforcement unit.
Hu Yinglian, professor of the Department of Social and Ecological Civilization Teaching and Research of the Central Party School of the Communist Party of China (National School of Administration), believes that it is necessary to strengthen the empowerment of digital technology to ensure that law enforcement supervision is accurate and efficient. Administrative law enforcement supervision agencies should comprehensively, uniformly and promptly collect law enforcement data related to administrative inspections, and collect opinions and suggestions from enterprises on administrative inspections through information systems.
No lack or offside
How to ensure that the administrative inspection of enterprises is not lacking or offside?
Hu Weilie said at the briefing that the key to implementing the various measures of the "Opinions" lies in how to grasp the "degree" of administrative inspections.
"The "Opinions" issued this time are mainly to curb the prominent problems of administrative inspections and create a relaxed development environment for enterprises. However, food and drugs, safe production that are closely related to their vital interests, are of great concern to the people. In other fields, especially for the problems that the public complaints or transfers and assigned by relevant departments, the investigation should not only be investigated, but also strictly carried out to ensure that the inspection can be effective and not go through the motions. "Hu Weilie said.
Wang Qingbin also believes that the two aspects of administrative inspections involving enterprises and the development of enterprises are not inconsistent. Legal and necessary inspections can urge enterprises to operate in accordance with the law, but unreasonable random inspections will destroy this benign relationship.
Hu Weilie also pointed out that we should pay attention to avoiding the tendency of "relief-disclaimer" inspection and prevent the wrong concept of "exemption if you investigate, and hold you accountable if you do not investigate."
"Some places realize the importance of strictly regulating administrative inspections involving enterprises, but the methods adopted are simplified, such as directly stating that "the inspection of the same enterprise shall not exceed once a year" in local legislation or policy documents, and the results are easy Causing litigation disputes also causes risks of weakening supervision."w88 live casinoSay.
Kong XiangwenTo the 21st Century Business Herald reporter, the key to strictly standardizing administrative inspections involving enterprises is to reduce irregular, random, formal and unnecessary inspections, which not only prevent too many inspections and law enforcement from disturbing enterprises, but also It is necessary to ensure that necessary inspections are carried out effectively.
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