SMAR will release its new regulations to promote the unification of punishment procedure in market supervision

In order to promote the unified standard over the administrative punishment procedure in the market regulation, specify the law enforcement procedure and ensure the fair law enforcement, the Interim Regulation on Administrative Punishment Procedure in Market Regulation (draft for comments) was released by the State Administration for Market Regulation (SAMR) on November 6 to seek public input.

According to the Regulation draft, the administrative punishment will be administered by the local market regulation authority above the county level in the place where the illegal acts take place, unless otherwise provided by the laws and administrative regulations. The county-level market regulators administer ex officio the cases in their jurisdiction. The prefecture- and provincial - level market regulators administer the cases of administrative punishment and those major and complicated cases in their jurisdiction. The SAMR administers cases of administrative punishment based on their functions and those major and complicated cases across the nation. In accordance with the relevant laws, regulations and rules and taking into consideration the local actual condition, the provincial market regulators can specify the work distribution within their administrative jurisdiction of different levels.

The market regulation agencies are empowered by the county-level market regulation authorities to impose administrative punishments in the name of the latter, unless otherwise specified.

According to the SAMR official, after the promulgation of Administrative Punishment Law, the former authorities for industry, commerce, quality inspection, food and drug supervision and price regulation have formulated their own regulations on the procedure of administrative punishment, which play an important role in regulating the administrative punishment, improving the handling of administrative punishment cases, enhancing the administration based on laws and protecting the legitimate rights and interests of citizens, legal persons and other organizations.

However, as the reform in the market regulation system and administrative law enforcement system deepens, in particular the increased efforts on reform of market regulators starting from this year, the challenges in integration of law enforcement teams and discrepancy in the law enforcement procedure, rules and instrument concerning different areas emerge, the regulators have to become versatile and familiar with different requirements for law enforcement in different lines, which to some extent constraints the regulation of administrative law enforcement acts.

After the market regulation authorities of different levels are reorganized, it becomes the top priority to unify and regulate the procedure of administrative punishment for market regulation.

As the market regulation environment is significantly changed, some parts of the original procedure for administrative punishment are outdated and cannot keep abreast of the new changes. With the release of new laws and regulations, including the administrative compulsory law Regulation on the Disclosure of Government Information, new requirements have been raised in terms of regulation about the acts of administrative law enforcement and information disclosure of administrative law enforcement, which requires further specification and improvement of key provisions in the procedure of administrative punishment.

(Source: Legal Daily)