On the afternoon of July 30, 2019, attorney Yang Zhiming of our firm was invited to participate in the "Administrative Law Enforcement Seminar" organized by the Southern Division of the Zhongshan Market Supervision Administration (hereinafter referred to as the Supervision Branch). During the meeting, Ms. Yang and his team members and the administrative leaders of the supervisory branch bureau and many key law enforcement personnel who have long been on the front line conducted in-depth discussions on the difficult problems encountered by the supervisory branch bureau in law enforcement.
After carefully listening to the introduction of the executives to the difficult cases, Mr. Yang combined years of experience in handling cases and understanding of legal jurisprudence, from the perspective of lawyers and ordinary market participants, to identify fraud in difficult cases and to advertise under the new advertising law The determination of fees, the legitimacy and rationality of administrative punishment, the standard of administrative punishment, the difficulties of food regulatory punishment, the administrative review and the risk assessment of administrative litigation and other issues have put forward practical professional opinions.
At the seminar, Mr. Yang suggested that administration according to law should be an organic combination of the law of reason and reason to avoid the application of the law to devices. The decisions made by the administrative organs must stand the test of administrative reconsideration and administrative litigation, withstand the torture of time, and the law enforcement process must not only maintain market order and the vital interests of the masses, but also pay attention to punishment.
The leadership of the Supervision Bureau also pointed out: In the new era, there are new challenges and new opportunities for law enforcement. The law enforcement team needs to fully consider the social effects of administrative law enforcement under the premise of administration according to law, and it must withstand the test. There must be ways to be responsible to achieve the organic unification of legal and social effects. The seminar pays more attention to the in-depth interaction between lawyers and front-line law enforcement personnel. Front-line law enforcement personnel actively ask questions and find answers. Lawyers provide third-party professional opinions and suggestions, which provide a good model for practically solving difficult law enforcement problems.
The seminar has achieved good results. The Supervision Bureau wrote a letter to the Institute on August 2, 2019, expressing the hope that in the future, the Institute will provide legal advice and help for the branch’s administrative work in accordance with the law in order to better perform its duties.
Source: Xiong Yangming | Editor in charge: Yue Zhanchuan
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