This morning (July 29), the State Council Information Office held a regular briefing on the State Council’s policies. Zhao Changhua, director of the Ministry of Justice and the Political Department, introduced the “Opinions on Further Regulating the Benchmarking and Management of Administrative Discretion”.
In recent years, various regions and departments have conscientiously implemented the decisions and arrangements of the CPC Central Committee and the State Council, continuously strengthened system construction, refined and quantified the benchmarks of administrative discretion, and greatly improved their law enforcement capabilities and levels. Issues such as clarity, non-standard formulation procedures, and unreasonable range of discretion. Strengthening the formulation and management of benchmarks for administrative discretion is of great significance to regulating administrative law enforcement, maintaining fair competition in the market order, and stabilizing social expectations. The Ministry of Justice studied and drafted the “Opinions” in accordance with the deployment requirements of the Party Central Committee and the State Council. The “Opinions” contains 16 articles in 6 parts: First, the general requirements. It mainly clarified the guiding ideology, basic principles and work objectives. The second is to clarify the power of administrative discretion to formulate responsibilities. It mainly stipulates the strict performance of the formulation responsibilities and the normative formulation authority. The third is to accurately define the content of the benchmark for administrative discretion. It mainly provides regulations on how to refine and quantify administrative penalties, administrative licensing, administrative expropriation, administrative confirmation, administrative payment, administrative compulsion and administrative inspection. Fourth, the procedures for establishing benchmarks for administrative discretion are strictly enforced. It mainly stipulates that the procedures are clearly formulated and fully researched and demonstrated. Fifth, strengthen the benchmark management of administrative discretion. It mainly makes provisions on standardizing the application of discretionary benchmarks, strengthening supervision and management, and promoting the use of technology. Sixth, strengthen the implementation of safeguards. It mainly makes provisions on strengthening organizational leadership and strengthening publicity and training.
(CCTV reporter Wu Bing Liu Tingyu)