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The State Council strikes hard! More than 7,000 unqualified law enforcement entities have been cleared, and business owners can finally breathe a sigh of relief

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Article author:Yingting Lawyers Group | Update time:1970-01-01 | Reading times:106


Article text

Dear business owners, there is news that you may not have noticed, but it is closely related to me——

The State Council Information Office recently held a press conference to report an important development:More than 7,000 unqualified administrative law enforcement entities have been cleared across the country., various regions have launched more than 330 normative law enforcement standards.

More than 7,000! This is no small amount. What does it mean? Those "wild law enforcement subjects" who have no law enforcement qualifications and insufficient law enforcement basis have been eliminated.

## Why does this matter have so much to do with you?

As a business owner, what are you most afraid of? We are not afraid of market competition, but we are afraid of "fighting between gods and gods".

What is a fight between gods? Some local departments will inspect today, impose fines tomorrow, and issue rectification notices the day after tomorrow. A company faces N law enforcement departments, some of which have law enforcement qualifications, and some of which do not; some have sufficient basis, and some are purely "local policies." Business owners are struggling to cope and don’t know who to talk to for reason.

The purpose of this clean-up is to cut off these "wild paths".

## What does the law say?

"Administrative Law Enforcement Supervision Regulations", this is the State Council Order No. 825, which was officially implemented on February 1 this year. This isThe first national-level administrative regulations specifically focusing on the supervision of the entire process of administrative law enforcement.

The core content is just one:Enforcement should be standardized and not arbitrary.

The regulations clarify:
- Law enforcement subjects must be legal. Those without law enforcement qualifications cannot enforce the law.
- Enforcement procedures must be standardized, the notification of the notification, and the hearing of the hearing
- Law enforcement standards must be unified and cannot be "based on others"
- Law enforcement supervision must be in place, and companies have the right to complain and report

Simply put it is:The government's law enforcement power cannot be used indiscriminately.

## What does it mean for business owners?

First, you can say no when encountering "wild law enforcement".

If the people who come here do not have law enforcement qualifications, or the law enforcement basis is insufficient, you have the right to ask them to produce their certificates and legal basis. This is your right given by the law, so don’t just cooperate.

Second, traces must be left throughout the entire process of law enforcement.

Nowadays, everyone pays attention to "leaving traces by law enforcement", and you also have to "leave traces by law enforcement." Record and videotape the entire process, require the other party to issue a written decision, and keep all materials. These are all evidence in the event of administrative review or litigation in the future.

Third, there is a way to complain and report.

The regulations establish special channels for law enforcement supervision. If an enterprise feels that there are problems with law enforcement, it can complain to the legal department of the government at the same level or to the superior authority. Reporting and handling mechanisms for 7 categories of illegal law enforcement behaviors are clarified.

## Ying Ting Lawyer Reminder

Of course, a word of caution:Standardizing law enforcement does not mean not enforcing the law. The state is cleaning up unqualified law enforcement subjects, and legal supervision still needs to be coordinated.

The key point is: business owners must know how to respond when encountering illegal and unreasonable law enforcement. My suggestion is:

-If there is no conflict at the scene, find a lawyer afterwards: Being tough on the spot can easily intensify conflicts, and it is more effective to resolve them through legal means afterwards.
-Preserving evidence comes first: Audio and video recordings, written notices, on-site photos, none of them are missing.
-There is a statute of limitations for reconsideration proceedings, don’t miss it: 60 days for administrative review and 6 months for administrative litigation. If you miss it, it will be difficult to come back.

## If you have any questions, please contact Yingting

Standardization of law enforcement is a major trend and is a good thing for enterprises. But during the "transition period", there will definitely be various frictions and disputes. If your company encounters unreasonable law enforcement inspections, fines, and compulsory measures, don’t panic, consult a professional lawyer first.

I am lawyer Zhu Zi, specializing in government-enterprise disputes and administrative litigation. Our team has handled many corporate rights protection cases. If you have any questions, come to me anytime.



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