CCTV News:The State Council Press Office held a routine briefing on the State Council policy today (July 29th). Relevant officials of the Ministry of Justice, the Ministry of Transport and the General Administration of Market Supervision introduced the situation of further standardizing administrative discretion, canceling and adjusting a number of fines. At the briefing, the relevant person in charge of the Ministry of Justice introduced that when drafting the "Opinions on Further Standardizing the Establishment and Management of Administrative Discretion Benchmarks", the investigation found that there were four main problems at present.
First, the formulation subject is not clear. Second, the formulation procedures are not standardized. Third, the discretion range is unreasonable. Fourth, the dynamic adjustment is not timely. In view of these problems, the Opinions on Further Standardizing the Establishment and Management of Administrative Discretion Benchmarks proposes solutions from five aspects:
First, the responsibilities and authorities of relevant departments in the State Council, provincial people’s governments and their departments, municipal governments and their departments with districts, and county-level governments and their departments to formulate administrative discretion benchmarks have been clarified. But at the same time, it is clearly stipulated that the administrative organ can formulate the benchmark of administrative discretion according to the needs of the work, and it is not allowed to make it repeatedly.
Second, it is clear that the benchmark of administrative penalty discretion should include illegal acts, legal basis, discretion order, applicable conditions and specific standards. The administrative expropriation and requisition affairs within the scope of statutory duties shall not be handed over to other units or individuals for implementation by purchasing services.
Third, it is clear that the benchmark of administrative discretion should be formulated according to management needs. To formulate the benchmark of administrative discretion in the form of rules, it is necessary to perform the procedures stipulated in the Regulations on Rules-making Procedures; To formulate the benchmark of administrative discretion in the form of administrative normative documents, it is necessary to fulfill the procedures stipulated in the Notice of the General Office of the State Council on Strengthening the Formulation, Supervision and Management of Administrative Normative Documents.
Fourth, it is clear that the benchmark of administrative discretion should be submitted for the record in accordance with the procedures and time limits determined by the regulations and the filing system of administrative normative documents. If the filing and examination organ finds that the benchmark of administrative discretion conflicts with laws, regulations and rules, it should be corrected according to law. It is necessary to embed the benchmark content of administrative discretion into the administrative law enforcement information system, provide accurate guidance for administrative law enforcement personnel, and effectively regulate the exercise of administrative discretion.
Fifth, it is clear that the establishment and management of administrative discretion benchmark should be included in the evaluation index system of government under the rule of law and included in the supervision content of government under the rule of law.
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