CCTV News: Recently, the "Administrative Penalty Measures of the State Administration for Financial Supervision" (hereinafter referred to as the "Administrative Penalty Measures") was officially released. The heads of relevant departments and bureaus of the State Administration for Financial Regulation answered reporters' questions on related issues.

1. What are the main considerations for the revision of the "Administrative Penalty Measures"?

Answer: The revision of the Administrative Penalty Measures mainly includes the following two considerations: First, focus on connecting the new provisions of the Administrative Penalty Law. The Administrative Penalty Measures make detailed provisions on matters related to administrative penalties in accordance with the new and revised provisions of the Administrative Penalty Law, such as improving the types of administrative penalties, administrative penalty decision-making, jurisdiction and external coordination, investigation and evidence collection, rules for the relief of the rights of the parties, delivery, payment of fines, proactive error correction procedures, tracking and evaluation mechanisms, etc. The second is to focus on responding to the new requirements of financial regulatory practice. The "Administrative Penalty Measures" closely links with regulatory practical experience, focuses on key and difficult issues in law enforcement, and makes clear provisions. Such as improving the administrative penalty targets, expanding the administrative penalty targets, adding procedures for suspending handling and disposing of administrative penalty cases, and improving digital construction.

2. What are the main revisions of the "Administrative Penalty Measures"?

Answer: The Administrative Penalty Measures have been revised in terms of the name of the document, scope of application and specific content.

In terms of the document name, it has been changed from the "Administrative Penalty Measures of the China Banking and Insurance Regulatory Commission" to the "Administrative Penalty Measures of the State Administration for Financial Supervision and Administration".

In terms of scope of application, considering that after the reform of financial regulatory institutions, the State Administration for Financial Regulation has added the types of financial holding companies' institutions to the law enforcement targets, and the "Administrative Penalty Measures" adjust the administrative penalty targets from banking and insurance institutions to financial institutions.

In terms of specific content, first, improve administrative penalty decisions and procedures, add collective decision-making regulations for the heads of administrative agencies in major and complex cases, and add procedures for suspending handling and canceling administrative penalty cases. The second is to optimize the jurisdiction and coordination mechanism of administrative penalty, clarify the rules for the division of labor of administrative penalty jurisdiction of the General Administration and dispatched agencies, and transfer illegal acts that are not under the jurisdiction of the regulatory authorities should be transferred in a timely manner in accordance with the law. The third is to improve the rules for investigation and evidence collection and parties' rights relief, clarify the procedures for not imposing punishment, and improve the execution procedures. Fourth, strengthen law enforcement supervision and digital construction, increase the procedures for proactively correcting errors in administrative penalty decisions or revoking administrative penalty, and require the establishment of an administrative penalty tracking and evaluation mechanism, and improve relevant regulations on electronic delivery and announcement delivery.

3. What provisions does the "Administrative Penalty Measures" have in improving the relief rights of the parties?

Answer: The Administrative Penalty Measures focus on protecting the legitimate rights and interests of the parties. First, optimize the rights relief rules for the parties such as administrative penalty statements, defenses and hearings, and stipulate that if the parties are adopted for the parties' statements, defenses, hearing opinions or additional investigations, and make major adjustments to the main facts, reasons, basis or proposed penalty decisions determined by the prior notice, the parties shall be informed again. The second is to improve the procedure for not imposing punishment, and stipulate that after sending a prior notice of administrative penalty, if it is found that there is a situation where there is no penalty in accordance with the law, a notice of non-administrative punishment shall be prepared and delivered to the parties involved. The third is to improve the regulations on the execution procedures and clarify that if the fine is not paid within the deadline, the amount of additional fine shall not exceed the amount of the fine; if the fine is clearly extended or paid in installments, the period for applying for compulsory execution by the people's court shall be calculated from the date of the expiration of the deadline for the suspension or installment payment of the fine.

4. What are the provisions of the "Administrative Penalty Measures" in strengthening internal constraints?

Answer: First, it is stipulated that if the regulatory department actively discovers that there are major mistakes in the administrative penalty decision, it is requested by the superior authority or relevant department, and is revoked by the judicial judgment, the original decision shall be revoked, and a decision shall be made again or a notice of no administrative penalty shall be made. The second is to stipulate that the General Administration establishes an administrative penalty information management system to manage all aspects of administrative penalty work in full process. Establish an administrative penalty tracking and evaluation mechanism to evaluate law enforcement procedures and behaviors. Third, it is stipulated that if there is a problem of dereliction of duty and dereliction of duty in administrative penalties, the responsibility shall be held accountable in accordance with the rules, discipline and law. If a crime is constituted, the relevant departments shall pursue criminal liability in accordance with the law. If the illegal implementation of administrative penalties causes damage to the parties, compensation shall be given in accordance with the law.