Government-enterprise disputes

Many companies have clearly made rectifications, but due to insufficient evidence retention and poor communication, they have been deemed by law enforcement agencies as refusing to rectify or making false rectifications, and have been severely punished and fined. Lawyer/Professor Dong Guonv has handled a large number of dispute cases involving refusal to rectify, and is well aware of the core pain points of companies being passively found to have refused to rectify. Lawyer/Professor Dong Guonv can help companies overturn improper determinations of refusal to make corrections through evidence sorting and compliance defense. encounteradministrative penaltyThe disputes were brought to the administrative litigation lawyers of Yingting Court to avoid being held accountable for refusing to make corrections and avoid being severely punished.

1. Statutory determination standards for refusal to make rectification Legal refusal to make rectification must meet clear conditions: the law enforcement agency issues a legal and effective rectification document, clarifying the content, deadline, and standards of rectification; the enterprise fails to carry out any rectification actions beyond the time limit without legitimate reasons; after rectification, the hidden dangers of violations are still not eliminated and compliance standards are not met; the company deliberately resists rectification, conceals problems, and refuses to cooperate with supervision. In the absence of the above circumstances, it shall not be arbitrarily determined to refuse rectification.

2. Common reasons why companies are misjudged and refuse to rectify. Frequent misjudgements: The company has made rectifications but does not have any supporting materials and cannot prove that the rectifications are in place; after rectifications, it is not reported in time and the application for acceptance is not submitted; the understanding of rectification standards is deviated, and the rectification content is inconsistent with law enforcement requirements; objective reasons cannot be rectified on schedule, no extension is applied, and the situation is not explained; there is no record of verbal rectification, and there is no rectification filing in the law enforcement system.

3. Defense methods to overturn the determination of refusal to rectify. Dong Guo female lawyer/professor’s practical defense ideas: sort out the pictures, videos, ledgers, and vouchers of the entire rectification process to confirm that the rectification has been completed; submit rectification records and communication records to prove active cooperation with supervision; explain the difficulty of objective rectification, and provide evidence that the refusal to rectify is not subjective; in response to vague rectification requirements, it is argued that refusal to rectify should not be determined without clear rectification standards.