Innovating and perfecting market supervision and promoting the modernization of market supervision is an intrinsic requirement for perfecting the socialist market economic system. Innovating and perfecting market supervision and promoting the modernization of market supervision is an intrinsic requirement for perfecting the socialist market economic system. The "14th Five-Year Plan for the Modernization of Market Regulation" points out that it is necessary to accelerate the improvement and unification of laws and regulations in the field of market regulation, and form a systematic, scientific, standardized, and effective system of laws and regulations for market regulation. It is necessary to create a stable, fair, transparent, and predictable institutional environment, standardize government regulatory conduct in accordance with the law, treat all types of market entities equally, and provide legal safeguards for stimulating market vitality and safeguarding the legitimate rights and interests of market entities. The "Three-Year Action Plan for Improving the Quality of Administrative Law Enforcement (2023-2025)" emphasizes that by the end of 2025, the level of informatization and digitization of administrative law enforcement will be further improved, and the quality and efficiency of administrative law enforcement will be significantly improved.
In this context, as the contractor of the project, Peking University Fabao serves the Fujian Provincial Administration for Market Regulation to focus on effectively fulfilling regulatory responsibilities, improving the efficiency of fulfilling responsibilities, accelerating the establishment of an all-round, multi-level and three-dimensional supervision system, realizing the whole chain and all fields of supervision before, during, and after the event, and plugging regulatory loopholes. Specifically, based on the various business lines and administrative authority systems of market regulation, comprehensively sort out the market regulation regulatory system and the list of rights and responsibilities, build a scientifically classified market regulation and regulatory system, and provide convenient, efficient and accurate law enforcement basis data for market regulation and law enforcement work, so as to effectively achieve a law to follow, unify law enforcement standards, and further improve the quality and efficiency of case handling.
1. Rely on the precipitation of big data knowledge to build a system of laws and regulations for law enforcement
In order to help the Fujian Provincial Administration for Market Regulation improve the quality and efficiency of case handling, focus on making up for shortcomings, tapping potential, increasing advantages, and improving the modern market supervision mechanism, Peking University Fabao relies on the rich knowledge of big data knowledge of laws and regulations to explore data application scenarios for accurate service market regulation and law enforcement, and is committed to providing complete and reliable data services for front-line law enforcement and case handling personnel in market supervision. Based on the business classification and law enforcement standards in the field of market regulation, the service system coded and split the clause items in the body of the regulations, invoked the document "Classification Code for Market Illegal Acts in Market Regulation" of the State Administration for Market Regulation to deepen the handling of matters and associate the legal basis of illegal acts, and structured the types of administrative penalties, discretionary ranges, punishment circumstances, punishment targets and other law enforcement elements related to market regulation and law enforcement matters, so as to provide structured standard data support for market regulation and law enforcement.
Data structure and coding structure diagram of administrative punishment matters for market regulation
II. Standardize discretionary data on administrative penalties to help build a refined law enforcement system
The data service has formed a set of standardized market supervision administrative punishment discretionary data around the dimensions of illegal acts, qualitative basis, penalty basis, discretionary benchmark, and penalty discretion rules. This set of data not only provides accurate case handling support for front-line law enforcement personnel, but also meets the needs of the State Administration for Market Regulation for the analysis of multi-dimensional data statistics on law enforcement matters.
◆ Illegal acts
The SG8-2021 "Classification Code of Market Supervision and Management Violations" is used to sort out the relationship between the large, medium and specific illegal acts of market supervision and management informatization standards, and build a structured database of market supervision and illegal acts.
◆ Qualitative basis
Each specific violation corresponds to a specific provision in the provisions of laws and regulations, helping law enforcement officials accurately identify the content of the obligations violated by market entities. Through data processing in all dimensions of laws and regulations, optimize and sort out the prohibitive normative basis for illegal acts.
◆ Basis for punishment
If a market entity violates the obligatory provisions, it will face specific liabilities such as warnings, fines, and confiscation of illegal gains. In terms of the basis of punishment, the level of effectiveness of laws and regulations can be divided into the central level (laws, administrative regulations, departmental rules) and the local level of punishment basis, and through the scientific connection of the two, the illegal acts and the basis of punishment of laws and regulations can be scientifically correlated.
◆ Discretionary standards
Relying on the discretionary standards for administrative punishments, the database of administrative punishment matters and the discretionary benchmark database of market regulation laws and regulations sort out the dimensions of punishment types, punishment factors, illegal circumstances, and punishment ranges, to assist in the unified application and standardized reference of the basis for market regulation law enforcement.
◆ Penalty discretionary rules
By associating multi-dimensional data such as punishment types, punishment targets, illegal circumstances, and punishment factor types, each dimension of data can be accurately split according to the user's case-handling needs. This process helps to standardize the selection of violations and their corresponding circumstances in the investigation completion report, and finalize the punishment content according to the penalty discretion rules.
3. The application of the results of the integrated platform and the efficient law enforcement are widely recognized
The results of data services based on the administrative law enforcement of market supervision laws and regulations have been successfully applied to the case management system of the Fujian Provincial Market Supervision Intelligent Application Integration Platform, and have successfully provided standardized, structured and intelligent data support for Fujian market supervision and law enforcement personnel. Since the launch of the market supervision law enforcement data, it has been fully affirmed and widely supported by the front-line law enforcement personnel of Fujian market supervision, and the data content and law enforcement auxiliary effects have been widely praised by users.
Fujian Market Supervision Investigation Final Report Regulatory Basis Data Application Example Diagram
●Unified classification of illegal acts at the application layer: Based on the classification code of illegal acts of the General Administration, the classification and name of illegal acts in all municipal supervision fields in the integrated platform of smart application of the provincial bureau shall be unified.
●Standardize administrative punishment law enforcement behavior: Provide front-line law enforcement personnel with standardized names and bases for illegal acts, promote the standardization of administrative punishment law enforcement behavior, improve the effectiveness of law enforcement personnel in handling cases, and reduce law enforcement risks.
●Standardization of local administrative punishment discretion standards: Align local discretionary standards with the range of punishments imposed by laws and regulations to ensure that the punishment complies with local standards and laws and regulations.
●List of administrative law enforcement discretion: refine the corresponding illegal situations of non-punishment, mitigated punishment, and lighter punishment, and realize flexible, unified, and standardized standards for administrative punishment.
●Digitization of regulatory texts: For laws and regulations involving illegal acts, provide structured full text of laws and regulations to facilitate the comparison of regulatory content with granular information.
Fourth, the service standardization × list is intelligently updated to open up new scenarios for data services
In addition to accurate data services in the field of market supervision, relying on the support of massive laws and regulations big data resources, Peking University has also explored other rich application scenarios in the intelligent application service of administrative law enforcement data, as follows:
●Law enforcement is based on data standardization services
Relying on the data base of the legal and regulatory database of Peking University, the body of laws, administrative regulations, departmental rules, provincial local regulations and local government rules, municipal local regulations and local government rules and regulations are structured, and the clauses are coded according to the structure of chapter clauses, and the legal basis association and discretionary range are split according to the classification of "9+X" matters of administrative authority, and the elements and labels of different matters such as administrative punishment, administrative licensing, and administrative compulsion are split.
●Intelligent update service for the list of rights and responsibilities data
Based on central and local laws, regulations and normative documents, combined with advanced big data means and professional legal research experience, the intelligent management system of the list of rights and responsibilities intelligently compares the scope, name and basis of the list of rights and responsibilities, intelligently reviews the accuracy, authority and timeliness of the list of rights and responsibilities, assists government departments at all levels to compile a comprehensive, accurate and authoritative list of rights and responsibilities, and achieves dynamic data update and risk assessment of responsibilities, laying a solid foundation for building a government governance system with clear responsibilities and administration according to law.
●The two laws converge data intelligent update service
Relying on Fabao's own professional advantages in the fields of big data of laws and regulations, rule of law data governance, etc., from the perspective of administrative law enforcement supervision and procuratorial supervision, sort out the correlation between administrative violations, administrative law enforcement discretion standards and criminal charges, map the corresponding criminal charges according to the severity of the law enforcement matters, and structure and code the legal basis to form a database of the two laws. After the administrative law enforcement department discovers clues on the suspected criminal case, it is to provide the underlying data support in the process of transferring it to the criminal justice organs for investigation in accordance with law.
The successful application of Peking University's digital service project on laws and regulations and law enforcement basis in the Fujian Provincial Administration for Market Regulation has significantly improved the quality and efficiency of market supervision and case handling. By constructing a scientifically classified legal system and providing structured standard data support, the project realizes the informatization and digitization of market regulation and law enforcement, and ensures the uniformity and standardization of law enforcement. At the same time, it has helped build a refined law enforcement system and provided accurate case handling support for front-line law enforcement officers. With the in-depth application of the service, Peking University Fabao looks forward to cooperating with more institutions to jointly promote the modernization of market supervision and contribute to the comprehensive rule of law. Let's go hand in hand to open a new chapter of intelligent market supervision!