Public hearings resolve disputes and safeguard the development of private economy

2022-07-12 0 By

In September 2021, a customer reported that a vinevinegar bottle served to customers for free was infested with worms.Market supervision administration law enforcement officers through investigation and evidence collection, according to law to the restaurant to make “Yanji City Market supervision Administration administrative punishment notice”, the restaurant is to be fined 50,000 yuan.The restaurant admitted that the vinegars were infested with worms and accepted the punishment with a sincere attitude, but said that the punishment was excessive and that it was unable to pay the fine due to poor operation during the epidemic.The dispute between the two sides has not been effectively resolved.In this case, the Yanji Market Supervision Administration took the initiative to apply for supervision to the Yanji People’s Procuratorate.In order to actively perform the duty of administrative procuratorial legal supervision, and in accordance with the instructions of the Supreme People’s Procuratorate and the higher level people’s Court to play the role of administrative procuratorial to resolve disputes and contradictions, in-depth implementation of the Linkage and Cooperation Mechanism of Yanbian Market Supervision Administrative Law Enforcement and Procuratorial Supervision, January 14, 2022,The People’s Procuratorate of Yanji held a public hearing on the administrative punishment of a restaurant imposed by the Market Supervision Administration of Yanji.At the hearing, the procurator in charge introduced the basic case, and discussed with the Yanji Market Supervision Administration the nature of the act of the administrative counterpart, the severity of the circumstances and the scope of applicable legal discretion.After discussion, it confirmed the fact that the perpetrator violated the law, but in the discretionary range, the market supervision administration believes that the case is relatively light, so it applies the legal provisions of a fine of 50,000 yuan.Undertake prosecutor introduction: according to the investigation, the restaurant since the operation has been good reputation, the illegal behavior is the first offense, after the incident actively to the customer to refund the meal and put out the hospital inspection, and did not produce serious harm consequences.After receiving the case, prosecutors made a surprise inspection of the restaurant’s sanitation, confirming that it had strengthened management and was able to correct illegal behavior voluntarily.Due to affected by the epidemic management face difficulties, therefore undertake the prosecutors believe that the case can be applied material to resolve administrative dispute procedures, in order to carry out the protection of enterprises, further optimize the environment of doing work, ensure orderly development of private economy, according to the law of the People’s Republic of China on administrative punishment law regulations in article 32 the plot of the case there may be given a mitigated punishment.After hearing the process of resolving the whole case, the hearing officer expressed recognition of the procuratorial organ’s working mode of fundamentally resolving disputes and hoped to sign a resolution agreement as soon as possible so that the case could be truly resolved.After the meeting, the People’s Procuratorate of Yanji issued a procuratorial suggestion to the Market Supervision Administration of Yanji in accordance with the law, suggesting that the punishment should be reduced in accordance with the law, and warning education should be carried out.Yanji City market supervision administration expressed great attention, will carefully make the corresponding punishment decision;The person in charge of the restaurant said to learn a lesson, strengthen management in the future, and will actively pay the fine.So far, this case dispute gets thoroughly dissolve.Next, the people’s procuratorate of yanji city will adhere to the “six stability” and “six” bao, the escort for the private economy, does the practical work, for the private enterprise to do good, adhere to the public, law enforcement for the people of the procuratorial supervision idea, give full play to the administration of the procuratorial legal supervision, effectively solve the disputes contradiction between administrative organ and relative person, both to ensure the effective implementation laws,We also need to ensure people’s sense of security, happiness and gain.(Correspondent: Li Yishuan)