State Administration for Market Regulation: 12 first-time violations and minor violations will not be punished

In order to solve the problems of widespread concerns among the society about "small cases and heavy penalties" and "different penalties in similar cases", in accordance with the "Guiding Opinions of the State Council on Further Standardizing and Supervising the Setting and Implementation of Fines", the State Administration for Market Regulation today issued the "List of No Punishment of First Violations of Administrative Illegal Acts of Market Supervision (I)" and the "List of No Punishment of Minor Administrative Illegal Acts of Market Supervision (I)" (hereinafter referred to as the two "List").

On the basis of fully considering the harmful consequences of illegal acts, the subjective faults of the parties and the profits, the State Administration for Market Regulation formulates a list to not punish 12 first-time violations and minor violations. Among them, the "First Violation List" contains 8 illegal acts that have minor consequences and corrected in a timely manner; the "Minor Punishment List" contains 4 illegal acts that have minor violations and corrected in a timely manner without causing harmful consequences.

In order to ensure that the "List" is implemented in an orderly manner in accordance with the law, the State Administration for Market Regulation has put forward five requirements: "adhering to the principle of administration according to law, adhering to the combination of punishment with education, protecting the legitimate rights and interests of the people, strictly standardizing law enforcement procedures, and scientifically setting a list of punishment". In particular, the parties involved have implemented "no punishment for the first violation" and "minor exemption of punishment", and have clarified measures such as "ordering them to immediately stop illegal behavior, supervising and guiding active rectification, refunding consumers' losses in accordance with the law and fulfilling their recall obligations".

The State Administration for Market Regulation will fully implement the concept of supervision for the people, actively respond to social concerns and expectations of grassroots. In accordance with the law enforcement principle of "prevention first, minor exemption of punishment, severe punishment for severe violations, equal punishment for leniency and strictness", we will reduce and exempt minor violations that do not cause harmful consequences and can be corrected in a timely manner. We will resolutely crack down on and punish illegal acts that affect the health and safety of the people, strong reactions from the people, and cause bad social impacts, strictly standardize fair and civilized law enforcement, protect the bottom line of the safety of the consumer market and fair order, continuously optimize the consumption environment, and effectively protect the legitimate rights and interests of consumers.

(CCTV reporter Wang Jing)