General Secretary Xi Jinping pointed out at the Central Committee of the Central Committee on November 16, 2020: "Emphasize strict law enforcement，Let the offenders respect the law and fear the law，But it is by no means violent law enforcement、Excessive enforcement，It is necessary to allow law enforcement to have both strength and temperature。"In order to implement this spirit，The newly revised "Administrative Penalty Law" in 2021 adds relevant provisions，Including first offenders、No subjective fault without punishment、The benchmark for administrative penalties, etc.。In addition to the above -mentioned explicit regulations，How to reflect the strength and temperature of administrative law enforcement，It is worth thinking about，This article combines one of the top ten typical cases of administrative lawsuits issued by the Guangdong Provincial Higher People's Court in 2022。

[Introduction to Case Case] ​​June 2021，The Market Supervision and Administration Bureau in a regional area of ​​Guangdong conducts sampling tests of fish -ray sashimi and tableware operated by a food shop，Test conclusion is unqualified。The restaurant has been rectified after the order of ordering corrections，October 15 of the same year，The Market Supervision and Administration Bureau made the "Administrative Penalty Decision"，Make a confiscated illegal income of 314.2 yuan and a fine of 50,000 yuan。Don’t accept the food restaurant，Loch to the court。The court of first instance thinks，Food shop illegal plot Mild，Social harm is less，The prosecution is obviously overweight，Then the amount of judgment changed the fine to 15,bet365 live casino games 000 yuan。The Market Supervision and Administration Bureau does not accept，Proposal。The court of the second instance believes，Food operators have fulfilled the relevant obligations of purchase inspection，Subjectively do not have intentional or major negligence，Less illegal obtains，The first offender。Actively rectify after law enforcement inspection，It is a positive expression of correcting illegal acts。Based on a number of plots that can be reduced by reducing punishment，The penalty decision of fined 50,000 yuan is obviously improper。So，Maintain the original judgment，Maintain the original judgment。[The first instance case number (2021) Guangdong 0704 line No. 1009，The case number of the second instance is (2022) Guangdong 07 Line 402]

[Case Evaluation] The court determines that the administrative organ does not reflect the typical case of the concept of "temperature law enforcement"。You can analyze the case，Combined with the concept of administrative law、Principles and principles，Clarify the norm intention of "with temperature enforcement" and build its methodology。

"temperature" of administrative law enforcement 

Let administrative law enforcement be temperature，It is required to ask the administrative law enforcement organs to let the administrative counterpart feel the warmth of human care during the administrative law enforcement process。It is after strict law enforcement and efficient law enforcement，New requirements for administrative law enforcement。Temperature law enforcement、Efficient law enforcement、Efficient law enforcement，Although the administrative law enforcement represents temperature、Pursuit of three levels of strength and speed，But the three are dialectical unified relationships。Efficient law enforcement、High -efficiency law enforcement takes temperature law enforcement as the restaurant，Temperature law enforcement is based Bet365 lotto review on strict law enforcement、Keep efficient law enforcement as a guarantee。other，Temperature law enforcement also reflects three new administrative law enforcement concepts: response -based law enforcement、Modesty and suppressing law enforcement、Tolerance and prudent enforcement。

First，From the perspective of administrative counterparts，Temperature law enforcement fully considers the feelings of administrative counterparts，It is an important manifestation of the concept of response -type law enforcement。Response enforcement，It is required to fully consider the acceptability of administrative counterparts in the process of administrative law enforcement，It is a new type of law enforcement concept from stress -type law enforcement and autonomous law enforcement。Stress -type enforcement，Emphasize the rigidity of law enforcement and the obedience of administrative counterparts，This law enforcement model is easy to fall into the dilemma of rigorous law enforcement。Autonomous law enforcement，Emphasize the autonomy and procedure of law enforcement agencies，This law enforcement model is easy to move towards the extreme of mechanical law enforcement。These two law enforcement concepts just use administrative law enforcement as a tool for social governance，No considering the people's position of administrative law enforcement。other，The acceptability of the response -type law enforcement concept，It does not mean that the blind compromise or unlimited concession of administrative counterparts，Instead, in a legal and reasonable situation，Maintain a communication dialogue with administrative counterparts，Listen to its defense and reasons，Pursuit of the source of complaints。

Next，From the perspective of human care，Only modesty can make people feel warm，The concept of modesty and suppressing law enforcement is the deserved meaning Bet365 app download of temperature law enforcement。Humanism contains modesty、Inhibitory and appropriate three layers of meaning，is an extension of the principle of administrative rationality。Qian He，It is required to change from the role positioning of the administrative organs from the role of controller to the role of the service provider，In the process of administrative law enforcement, we should maintain humility and mild，Try to avoid rigidity and strong。Inhibitory，It is required that the administrative organs should avoid abuse of power when exercising the right to disconnect，In the process of administrative law enforcement, the principle of minimum damage to the right to administrative relative person。Appropriate，It is required to fully consider the balance of administrative means and purpose in the process of administrative law enforcement，It is another expression in the principle of proportion in administrative law。

Last，From the perspective of administrative supervision，Being inclusive and prudent law enforcement is a new requirement for the change of the supervision concept of administrative organs in temperature law enforcement。Being cautious，The earliest requirements for the supervision of the new economic form，In recent years, it has gradually developed into a new type of administrative law enforcement concept。"tolerance" is to require administrative organs to adopt a tolerance attitude towards some minor illegal acts，For example, the first offender is not punished。"Prudential" means that the administrative organs are required to enforce the law with caution on the basis of insisting on the bottom line of thinking、Strict intervention，Avoid rude、Excessive law enforcement。

To sum up，Three new concepts of temperature law enforcement，The most important thing is the unity that emphasizes people's and legitimacy: the legitimacy comes from the people's nature，Return to the people。The Bet365 app download ultimate purpose of temperature law enforcement is to achieve political effects、Unified social effect and legal effect。

Get "conscience enforcement" 

General Secretary Xi Jinping emphasized: "The best effect of law enforcement is to make people take oral。To establish the correct concept of the rule of law，Camping the crime and guarantee human rights、Pursuit of efficiency and realization of fairness、Law enforcement purpose is organically unified with the form of law enforcement，Persist in using Fa as the basis、Serving people、Emotional person，Efforts to achieve the best legal effect、Political effects、Social effect。"" The concept that emphasizes humility and acceptability in the "with temperature law enforcement" that makes people take it together，This requires administrative organs and their staff to abandon mechanical justice，Pay attention to the combination of law enforcement forms with the purpose of law enforcement，Strengthen education、Serving people，Conscience enforcement、Emotional person。

First，Administrative law enforcement with temperature，Require administrative agencies to abandon the programmatic mechanical law enforcement。In practice，Some administrative agencies blindly pursue administrative efficiency，Regardless of the difference between each case，I hope that in the law enforcement "one -size -fits -all" to make a case for the case，But often the effect is not good。Because even between the same type of case，In the facts of the case、The personal situation and subjective maliciousness of administrative counterparts are different，Law enforcement personnel need to integrate value judgment into the administrative tailoring。For example, in this case，The Market Supervision Administration has no in -depth analysis of the specific situation of the case，Including a small amount involved、bet365 best casino games Administrative Relators Subjective and Substitute、Difficulty in individual operations under the epidemic，Excessive fines。

Next，Administrative law enforcement with temperature，Requires to adhere to the principle of combining punishment and education。The connotation of "with temperature enforcement" includes the acceptability of administrative counterparts。punishment is a kind of sanctions and punishment，But with two aspects with general prevention and special prevention，Its fundamental purpose is not to focus on the past，but to prevent such illegal acts in the future。Education is an important way to communicate administrative counterparts，It not only wakes the latter to obey the law，It can also enhance the latter's psychological identity。In this case，The Market Supervision Administration has not criticized the food shop，Simple and rudely requires it to rectify，After its active rectification, he still imposed heavier fines，Reflecting the lack of "education"。

Last，Administrative law enforcement with temperature，Require conscience enforcement、Emotional person。From the perspective of Chinese cultural traditions，Conscience is not just the internal moral constraints of administrative law enforcement officers，Ethical goals that every Chinese should pursue。When administrative law enforcement officers exercise the right to administrative freedom given by law，Not only is it loyal to the law，More heart and heart love，This is also an important manifestation of law enforcement for the people。In this case，Law enforcement officers have not deeply understood the environment and difficulties of administrative counterparts，Excessive fines may cause it to be forced to suspend business，Such punishment also violates the principle of proportion。

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(The author is a researcher at the Fujian University of Technology Fujian University of Intellectual Property Research)