In order to better promote the spirit of the 20th National Congress of the Communist Party of China to take root in the comprehensive rule of law and judicial administration, and strive to write a new chapter in the construction of the rule of law in China, the Yangpu District Financial Media Center and the Yangpu District Bureau of Justice jointly produced and launched a special law popularization column with both hot spots, timeliness, legal services and rule of law ideology - "Fa Shengang "Yang", and is committed to creating a masterpiece that shows the achievements of regional rule of law construction and the achievements of regional rule of law culture.
The guests invited to this episode are Liu Huiqing, deputy chief of the Administrative Law Enforcement Coordination and Supervision Section of the Shanghai Yangpu District Justice Bureau, and He Pengfei, deputy chief of the Legal Department of the Shanghai Yangpu District Urban Management Law Enforcement Bureau.
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District Bureau of Justice: The mechanism of "three books and the same delivery" for administrative law enforcement involving enterprises specifically refers to the fact that at the same time that each administrative law enforcement agency formulates and issues an "Administrative Punishment Decision" to an illegal enterprise, it also provides the "Notice of Credit Restoration" and the "Notice of Application for Legal Physical Examination" to the illegal enterprise. At the same time, we also actively encourage the administrative law enforcement agencies in the region to explore the formulation and issuance of the "Corporate Compliance Proposal" in response to the potential risks of enterprises.
Because we believe that administrative penalties are not the end. It is not to punish for the sake of punishment, but to use this means to supervise and guide enterprises to operate in compliance, minimize the development restrictions caused by credit problems, reduce the negative impact of administrative law enforcement on enterprises in accordance with the law, provide legal guarantees for the production and operation of enterprises in accordance with laws and regulations, and promote the high-quality development of enterprises.
District Judicial Bureau: The "Administrative Punishment Decision" focuses on "law enforcement". As the name suggests, the administrative law enforcement agency is a written legal document with legal force that has the force of law on the basis of the illegal acts of the enterprises involved, on the basis of the evidence of the violation after investigation and evidence collection, and records the facts of the parties' violations, the reasons for punishment, the basis and the decision. In a nutshell, it is to tell the company, "What law have you violated?" ”
The "Credit Repair Notice" focuses on "restoration". The main purpose is to actively publicize policies related to credit restoration for administrative punishments, to truly safeguard the right to know about the credit restoration of enterprises being punished, to promptly inform enterprises of the channels for displaying information on administrative punishments, restoration processes, and other such content, to guide and assist enterprises that are untrustworthy due to administrative punishments, to actively and promptly carry out relief for untrustworthiness through credit restoration, to withdraw from punishments for untrustworthiness as soon as possible, and to encourage enterprises to eliminate negative impacts. In a nutshell, it is to inform the company "what should I do if I break the law?" ”
The "Notice of Application for Legal Physical Examination" emphasizes more on "compliance". Take the initiative to provide "one-to-one" public welfare "legal examination" services for enterprises. According to actual needs, enterprises should voluntarily apply for "legal examinations", fill in and submit enterprise self-assessment forms. According to the self-assessment of the enterprise, the legal service volunteer group of the judicial bureau of our district will help the enterprise find the loopholes in operation and management, study and judge the relevant legal risks of the enterprise in the fields of corporate governance, risk management, labor and employment, intellectual property rights, etc., form a legal physical examination report, feedback the legal and reasonable suggestions on operation and management to the enterprise, and assist the enterprise to improve the legal risk early warning and prevention mechanism. In a nutshell, it is to let companies know "how to not break the law in the future?" ”
District Bureau of Justice: Yes, this case happened in our District Bureau of Statistics. When the penalty decision was served, it not only informed the enterprise of the most SMS repair period for the first time, and took the initiative to provide online "legal examination" services for the enterprise, but also closely followed the existing problems of the enterprise, and put forward compliance suggestions from the aspects of strengthening the submission of statistical reports, actively participating in statistical training, and informing the convenient consultation path of statistical problems, so as to guide the enterprise to carry out self-rectification in a timely manner.
After receiving the compliance advice, the company also re-learned the statistical declaration from the street statistics station in a timely manner, established the company's statistical data review mechanism, formulated a learning and training plan, and actively implemented the relevant rectification work.
District Judicial Bureau: The "rule of law physical examination" service is the "legal examination" service provided by a high-quality and professional team of lawyers for enterprises in response to the realistic legal needs of small, medium and micro private enterprises for many years. The content mainly covers corporate governance, risk management, labor and employment, operation, finance, taxation and financing, intellectual property, litigation and arbitration, digital platform enterprises, and other legal needs. Help enterprises establish and improve compliance systems, ensure that business behaviors meet the requirements of laws and regulations, and enhance the market competitiveness and brand reputation of enterprises.
In addition, we also focus on intellectual property protection, and set up a questionnaire list containing trademarks, copyrights, patents, trade secrets, other legal needs, etc., which will help strengthen the management and protection of intellectual property rights such as patents, trademarks, and copyrights, prevent infringement, and maintain the core competitiveness of enterprises.
Our "Legal Physical Examination" supports scanning codes at the three ends of the "Sui Shen Ban" APP, WeChat Mini Program, and Alipay Mini Program, and enterprise staff can click on the "Enterprise Physical Examination" on the Home to fill in the questionnaires of "Legal Physical Examination" and "Intellectual Property Special Physical Examination" as needed, and the relevant results can also be clicked and queried through the section of "Lawyer's Legal Diagnosis Result Inquiry". Our service lawyers also click on the Home "Rule of Law Diagnosis" to consult the questionnaire, conduct diagnostic evaluation online, fill in the professional diagnosis report, and provide suggestions for the development of the enterprise from a professional perspective.
District Urban Management Law Enforcement Bureau: In the first half of this year, under the vigorous promotion of the District Justice Bureau, our District Urban Management Law Enforcement Bureau took the lead in piloting the "Three Books and Simultaneous Delivery" of enterprise-related administrative law enforcement, in addition to letting enterprises realize the root cause of the problem, and at the same time informing enterprises that they can repair their credit and return to the track, and avoid the recurrence of illegal acts through "rule of law physical examination" and compliance construction.
We made an administrative penalty decision for a car service company for posting publicity materials on a building, and delivered the Administrative Penalty Decision, Credit Restoration Notice, and Legal Physical Examination Application Notice to the enterprise, which became the first case of the pilot "Three Books Together". The company said that "Three Books and One Reach" provided assistance to the enterprise to operate in accordance with the law, informed the way of credit restoration in a timely manner, and gave professional suggestions, demonstrating the temperature of administrative law enforcement. At the same time, the company also focused on its own business scope, strengthened internal management and staff training, so that the company entered the "fast lane" of operating in accordance with the law.
In the past two years, the District Urban Management Law Enforcement Bureau has always adhered to the service tenet of "the government runs more errands, and the enterprises run less", implements the principle of combining punishment and education, and continues to implement the measures of "prudent implementation + credit repair", and constantly helps Yangpu to build the warmest business environment.
District Urban Management Law Enforcement Bureau: The District Urban Management Law Enforcement Bureau actively practiced the concept of a people's city and the idea of the rule of law for the people, and drafted and formulated the "Measures for the Implementation of Prudential Punishment in accordance with the Law of the Urban Management Law Enforcement System of Yangpu District, Shanghai". Through the implementation of the two major measures of "prudent implementation + credit restoration", the "Work Measures" strive to create a law-based and prudent law enforcement environment for regional urban management, and won the 2023 Shanghai Top Ten Facts Project of the Rule of Law for the People.
In terms of "prudent enforcement", we have sorted out the non-punishment matters in the field of comprehensive law enforcement of urban management according to the characteristics of the industry and the actual law enforcement, and implemented no punishment for minor violations and exemption from punishment for the first violation in accordance with the law. Give full play to the bridge role of urban management "park workstations" and "riverside workstations", take the initiative to build communication platforms, be good "liaisons" and "waiters" with heart and affection, strengthen legal popularization and education and guidance, and urge enterprises to operate in accordance with laws and regulations. At the same time, make full use of digital means to carry out law enforcement inspection and supervision of enterprises in some urban management law enforcement fields, intelligently identify illegal behaviors, and automatically send SMS voice messages to urge them to rectify in a timely manner, reflecting fine governance and inclusiveness and prudence.
In terms of "credit restoration", we explored the establishment of a convenient and efficient handling mechanism for credit restoration, integrated matters related to credit services that enterprises are concerned about, and set up a special column for credit restoration based on the "Sui Bid" platform to provide "one-click" services to enterprises. At the same time, regularly push warm reminders on credit restoration to enterprises through the "Sui Bid" platform, actively inform enterprises of information related to credit restoration, and provide assistance to enterprises in restoring credit in a timely manner. In view of the characteristics of some industries with a large number of administrative penalties and a large demand for credit restoration, the Urban Management Law Enforcement Bureau of our district took the initiative to "send the law" to enterprises, specifically introduced the working mechanism of credit restoration information push and online review to enterprises, informed enterprises of the ways of restoration, provided "online + offline" consultation contact information, and comprehensively showed enterprises the entire process of credit restoration through the "Credit China" platform.
The two-pronged approach and effectiveness of "prudent implementation + credit restoration" have continuously promoted fair competition and healthy development of enterprises, and played an important role in creating a market environment for honest management.
Text: Lu Danfeng
Video: Wang Ziliang
Drafting: Liu Jing
Editor: Xi Yuxuan
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