Improve administrative law enforcement capabilities with credit supervision
April 12, 2023 10:05 Source: "China Social Sciences" April 12, 2023 Issue 2629 Author: Wang Biao Yang Jie

"Guiding Opinions on Deepening Promoting the Comprehensive Supervision of Inter -departments" (Guoqi Fa [2023] No. 1) pointed out,Supervisory subjects at all levels must actively explore the credit supervision mode that meets the needs of regulatory supervision,Give full play to the reform of credit supervision in the comprehensive administrative law enforcement reform、The important role in the allocation of regulatory resources。In recent years,Social credit system as a systematic engineering as a kind of improvement of public governance efficiency,Increasing administrative execution and credibility、Constructing a "credit+law enforcement" system and mechanism with efficient operations and mechanisms have achieved remarkable results。

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For administrative agencies,Digital administrative era comes,New requirements for administrative law enforcement、New expectations。Cloud Storage、Big data processing method brings information surge in information,Modified the singleization of administrative law enforcement、The characteristics of relative staticness,Administrative agencies must actively screen valuable data in information torrents,Accurately control the diversification and transformation of the supervisory objects。Traditional administrative law enforcement generally depends on inspections、Spring checks or counterparts to report complaints such as a strong way to obtain clues,The ratio between the investigation and punishment of law enforcement investment and illegal issues is too low,Law enforcement results "wide species thin collection"。And the credit supervision mechanism relies on the large amount of credit information collected daily,Analysis of the algorithm、Modeling,Precise "portrait" and prediction bet365 best casino games of the compliance status of the counterparty,Pre -configuration of precise law enforcement priority level,For market entities that have serious dishonesty records,It is highly risks of its illegal risk,Increase the frequency of inspection,Implement "Risk -based response regulations"。On the other hand, you can surpass the case,historical records and real -time data based on massive administrative law enforcement,Be better to grasp the time and space split of illegal issues,To achieve early research and judgment、Early warning、Monitoring,Deployment more fine law enforcement arrangements,This is also the basic generation logic of "big data law enforcement" and "predicted law enforcement" in the context of digital administrative administrative。

  Improve the effectiveness of administrative law enforcement

For a long time,Internal administrative organs are strengthening the supervision and review of law enforcement efficiency,and as an important indicator of political performance assessment。However, in the traditional law enforcement mode,Based on heavy law enforcement load and scarce public law enforcement resources,Administrative organs can only speculate on the behavior of regulatory objects under the short time and limited information conditions,and take a new round of law enforcement measures,Must wait for the previous round of law enforcement measures to play a role,Detailed evaluation of the effect of law enforcement measures,can we apply the next round of law enforcement measures。This "progressive" law enforcement is difficult to overcome the shortcomings of information asymmetry,Facing serious regulatory lag problems。and the credit supervision mechanism can be recorded in an informative recording、Gathering public credit information,"signal transmission function" and "signal proof function" through credit evaluation,Determine the key supervision object with a highly accurate information circle,and the "blacklist" of the dishonesty "blacklist"bet365 Play online games 、Market ban、Restricted subsidy、Disciplinary measures such as reducing qualifications and other punishment measures to be projected to a serious dishonest subject with high risk,Therefore, it can get rid of traditional law enforcement people's sea tactics and sports law enforcement dilemma,Implementing a lower law enforcement cost to investigate and deal with the maximum quantity illegal activity,Effectively improve the efficiency of post -event supervision,Award to "Save Governance"。

  Reduce the cost of administrative law enforcement

Since the establishment of law enforcement economics in Baker,The cost of law enforcement has received widespread attention。The direct law enforcement cost of administrative law enforcement covers the labor cost that maintains daily regulatory activities、Law enforcement equipment procurement and update、Law enforcement time, energy investment, etc.,It is a cost that has to be consumed in the case of administrative law enforcement organs to deal with law enforcement cases。For a long time,Insufficient law enforcement investment is a stubborn disease that plagues my country's administrative law enforcement。On the one hand,Unbalanced at this stage of our country、Insufficient development,You need to invest a large amount of public funds for infrastructure construction and improve people's livelihood,The gap in administrative law enforcement funds is huge; on the other hand,,In recent years, the State Council has implemented cancellation of approval items、Put the approval authority、Negative list、"First take a picture and then certificate" and other reform measures of simplified administration and decentralization,Market subject is wide and enthusiastic, unprecedentedly rising,Entrusted subjects grow sharply。The rapid expansion of the market size has led to the increasingly heavier law enforcement task。Facing scarce law enforcement resources,Through innovative law enforcement method,Efforts to improve the effectiveness of law enforcement becomes Bet365 lotto review the preferred plan。In the credit supervision mechanism,Credit credit evaluation through batches,Administrative organs can quickly form a concise cognition of the credit status of the counterparty,The processing process of compressing massive information,Save high information acquisition cost。At the same time,The credit supervision mechanism is like an assembly line operation,After being evaluated as the subject of the dishonesty,It will automatically follow a series of dishonest disciplinary measures,No administrative organs need to launch case -based evidence collection surveys,greatly improves law enforcement efficiency,Save law enforcement costs。

  Strengthen the deterrence of administrative law enforcement

Traditional administrative law enforcement process,Administrative organs are mainly based on the type of punishment set by the Administrative Penalty Law,Take a warning、Penalty、Confiscation and other punishment measures,The impact on the specific rights and obligations of the relative people is relatively certain,Unexpected legal consequences generally only affect the present; and the principle of legal authority,The law enforcement range of the administrative organs can only be strictly limited within the scope of legal authority,Each of the illegal illegal dishonest fought alone。For example, Article 125 of the Securities Law stipulates employment restrictions,Article 135 of the Food Safety Law stipulates the market forbidden,But the restrictions and market ban here can only be implemented by their respective competent departments。The emergence of the credit supervision mechanism,greatly make up for the shortcomings of the traditional law enforcement model。Administrative organs can directly use public credit information to carry out regulatory activities and implement punishment,and closely combined with different administrative departments,Make the subject of the broken trust "restricted everywhere",significantly enhanced the deterrence of administrative law enforcement。On the one hand,The sanctions effect Bet365 lotto review of the disciplinary punishment measures for the dishonesty for the future,Whether it is qualification punishment、Property disciplinary or free disciplinary,Its unfavorable benefit to the subject of the broken trust cannot be accurately estimated when the punishment measures are made,continues to the future,Qualification and rights acting in the future,The consequences of damage are largely uncertain。On the other hand,The deterrent of the joint punishment of dishonesty comes from the United。Establish a strict level of public credit information platform,Breaking between departments、3566_3569、​​Regional information asymmetric 桎梏。​​Regional information asymmetric 桎梏,Breaking through the power and barriers between departments。The private body in the market and society institutionalized into the social credit system,Help it involved in the conclusion of dishonesty and joint punishment.,or accepting the guidance of administrative organs,Perform specific punishment measures。This kind of "union" that significantly transcends traditional administrative authority,Twisted the scattered sanctions into a sanctional force,undoubtedly added a deterrent effect of the credit supervision mechanism。

  Rich administrative law enforcement means

my country's administrative law enforcement has always attached great importance to punishment、Force and other means,Most of them adopt "pre -licensed、Tissue afterwards、Incident punishment "regulatory method,Theoretically emphasizes the high power of administration and obedience of the counterparty。But,With the change of administrative tasks and the advancement of relaxation of regulatory reform,Unexpectedly enrich enforcement toolboxes to achieve governance goals。This requires government reform control -command -type regulatory mode,Not only should you relax supervision,It should also be focused on seeking better law enforcement methods。The credit supervision mechanism itself is a new type of law enforcement Bet365 app download method,and there are many specific performances,With considerable flexibility and tolerance。The specific disciplinary measures in the credit supervision mechanism include light punishment measures,It also includes severe punishment measures。The former such as the dishonest of the "blacklist" such as the dishonesty "blacklist",The psychological mechanism and prevention effect of focusing on shame;,Design of responsibility focused on preventiveness。Faced with different illegal behaviors and countermeasures with different risks of dishonesty,It can be differentiated to take different degrees of disciplinary punishment measures,to ensure that "punishment is equivalent" and enhance the compliance of the counterparts。

Ensure that administrative law enforcement justice

For a long period of time,Human sentiment、Relations and other factors have a negative effect in grass -roots public governance activities,and seriously affect the fairness of the grass -roots public governance activities。Taking the most widely used administrative fines in law enforcement activities as an example,The current "Administrative Penalty Law" mainly focuses on the authority and procedure control of punishment,No physical discretion rules are not provided for the fine setting;、I do not perform their duties in accordance with the law or even lose my job、Missing Handling Questions,This caused the fine department in some law enforcement activities is quite deliberate,and generate chaos with punishment and abandonment。For example,According to media reports,X City's environmental protection department on the chemical plant discharged pH value of 603 yuan "ultra -low" fines,The market supervision department of the Y -regional Y -selling bag of expired food was fined 50,000 yuan,etc.。In the credit supervision mechanism,Credit evaluation as the basis and premise comes from the "technical neutral" algorithm model,To a large extent, it can effectively take human feelings、Relationships such as adverse factors exclude the decision -making bet365 Play online games process,Avoid the intention and disconnection of law enforcement,Enhance the objectivity and fairness of law enforcement。Of course,The credit supervision mechanism cannot guarantee the absolute fairness of law enforcement,"Algorithm Black Box" problem may produce new discrimination and prejudice in law enforcement,Need to strengthen the computing regulations。

 (Author Unit: Sichuan Provincial Department of Justice)

Editor in charge: Chen Jing
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