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China to further regulate administrative penalties

Updated: Dec 08,2021 17:20

The State Council released a circular on Dec 8, urging further efforts to implement the amended administrative punishment law, which was passed at the 25th session of the 13th National People's Congress Standing Committee.

The administrative punishment law is of significant importance for regulating government actions. Better implementing the law will help improve the law-based business environment, protect the legitimate rights and interests of citizens, legal persons and organizations, and modernize China's governance system and capacity, according to the document.

Systematic, standardized and regular training on learning the law should be offered. Education and training should be offered to existing administrative law enforcement personnel via various means by June 2022, and continue to be provided for newcomers, said the circular, adding that publicity campaigns should be launched to raise public awareness of the rule of law.

Legislative interpretation of the law should be strengthened. Fines should be set in accordance with the law, and regular evaluation and legitimacy review will be enhanced, the circular said.

Enforcement of the law should be regulated, the notice said. Administrative organs will be prohibited from imposing punishment against laws and setting confiscation targets. A law-based, institutionalized and standardized, whole-process oversight will be promoted.

Meanwhile, the document called for a detailed procedural system referring to jurisdiction, case registration, hearing and enforcement. All localities and departments must strictly abide by legal procedures, formulate and revise supplementary systems for administrative punishment in light of actual conditions, and ensure that the procedural requirements are implemented in full.

The circular also regulates the installation and use of electronic monitoring equipment.

Law enforcement will be intensified on key areas that the public is most concerned about, such as food and medicine, public health, natural resources, ecological environment, workplace safety, and labor security.

The document also addresses other aspects, such as reforming administrative penalty systems and mechanisms, empowering administrative organs at the grassroots level to implement administrative penalties, enhancing the synergy of law enforcement, and strengthening supervision over implementation of the law.