For the sale of vegetables containing pesticide residues, it should be a great thing; but if the selling price is only 20 yuan (RMB, the same below, about 4 S $ 4), the fine is more than 60,000 yuan, and it sounds sound, it sounds likeNot so reasonable.
This case occurred in Yulin, Shaanxi, China. A local couple restaurant sold five pounds of pounds of random inspection at a price of 4 yuan per catty (500 grams).The local law enforcement department fined 66,000 yuan; this penalty subsequently attracted the attention of the Chinese State Council's inspection team, and it was found that there was improper penalties in the punishment.
After the case was exposed, it caused widespread discussion. Beijing Youth Newspaper Guangming Daily and other media issued comments, and the relevant entries also appeared on Sina Weibo hot search.At the same time, most comments also pointed out that such cases are not unusual, and "fines created revenue" occurred in many parts of China.
What's wrong with celery?
According to the CCTV News Channel report, the celery involved was purchased in October last year. One month later, the inspection report of the local market supervision department showed that the inspection of these celery was not qualified and asked the stores who opened a store to open a store.Provided purchase notes, but the owner said that he could not find it.
The penalty decision of the local regulatory authorities wrote that because the celery involved in the case has been sold, no buyer information cannot be recalled, and the merchant cannot provide the supplier's license certificate and bill.Source, the behavior of not fulfilling the obligation of purchase inspection, the behavior of operating pesticide residues exceeding the food safety standards of food safety standards, violated the relevant provisions of the Food Safety Law, and imposed a penalty of 66,000 yuan.
The merchant admits that there are mistakes in such a penalty, "but how many tons of celery I have to sell can earn more than 60,000? "
> It is reported that the inspection team of the State Council of the Chinese State Council launched an investigation and visit to the "Celery Case" after receiving the public report. Facing the inspectors, the deputy director of the Yulin Market Supervision Bureau also acknowledged that there was a problem with the "celery case".Improper punishment.
During the account, it was found that of more than 50 penalties for the main body of the small and micro market, there were 21 fines of more than 50,000 yuan, and their case value was only dozens or hundreds of yuan.notIn an interview with CCTV, the members of the group also pointed out that law enforcement cannot only talk about its strength. While maintaining the market order, it is also necessary to create a good environment for the survival of the small and micro subject.notAfter the news was broadcast last Sunday (August 28), public opinion almost criticized the local law enforcement agencies to abuse their powers, and there were many comments of "wanting money and wanting to be crazy", "Can you be extorted" and "should be punished for these law enforcement officers"., But there are different voices that insist that this is "punishment according to law."notContradictions with humanity
The article also pointed out that if the merchant performs the obligations such as the purchase inspection and can truthfully explain its purchase source, it can be exempted from punishment in accordance with the corresponding regulations.Touring the source should bear adverse consequences, "not wronged."
The article also emphasized that the Luo couple filed a lawsuit with the local court in June because of the refuse to convict.Essence
According to the Chinese Food Safety Law, illegal production and operation food and food additivesIf the amount is less than 10,000 yuan, a fine of more than 50,000 yuan and a fine of less than 100,000 yuan.
The article quotes legal experts that only by increasing the punishment of illegal acts in key areas, and improving the cost of illegal costs through severe punishment, can we truly play a deterrent role.
After the article was published, Hu Xijin, the former editor -in -chief of the official media of the current affairs, soon left a message below to refute the article.
Hu Xijin wrote: "The law is severe, but it will not be opposed to common sense, common sense, and common sense. An individual micro -merchant in Yulin City cannot make much money a year because it sells five pounds of pesticide pesticide residuesThe over -standard celery was fined 66,000 yuan. The profit they earned a year was almost fined, which is not equivalent to the harm and benefits caused by this individual merchant in this case. The basic spirit of the law is not like this."
He then pointed out that although the traders lost their small tickets wrong, it should not be equivalent to more than 60,000 yuan, and the Chinese Market Supervision Newspaper's responsibility that cannot be traced back to the vendor is also inferred to the vendor's inference.Untenable, it is equivalent to providing reasons for the abuse of bureaucracy and the inaction of market supervision departments.
Hu Xijin finally concluded: "We do not accept problem vegetables, support and thank market supervision departments for the protection of food safety, but we also support fairness and justice, oppose public power to the underlying merchants to use the right to use the right to use the right to use the right to use, crack down on the blow, crack downTheir livelihood. "
Seeing this, the problem of this case is actually very clear: the local regulatory authorities do have a penalty in accordance with the corresponding laws and regulations, which is in line with the law, but the fine 3300 times is indeed indeed indeed.Can't convince people's hearts and violate people's feelings.
"Create income" to make law enforcement be warm.
The contradictions and human emotional contradictions, law enforcement intensity and temperature are difficult to balance, and it is never a new thing.Imagine that ordinary people can realize that high penalties are lost, and how can law enforcement officers and local governments at the grassroots level be noticed?
Behind such a "outrageous" fine, in addition to the implementation of the deadly implementation of the relevant regulations because of the concerns of being held accountable, maybe more local financial stress and having to find a way to create revenue.
According to China News Weekly, data show that in recent years, it has been significantly increased by fines and income that has not been received in recent years.111 prefecture -level cities announced in July 2022 that the penalty data of the penalty in 2021, of which 80 cities had no income and no income showed a rise; 15 cities had no income increased by more than 100 % year -on -year.Jiangxi Nanchang increased 151%, and Qingdao, Shandong increased by 127%.
The State Council Inspector Office notified on December 17 last year that the issue of large -scale fines of large -scale fines in order to solve the problem of financial tension, saying that the local government and law enforcement departments were inspected for safety production law enforcement inspections.For many names, concentrated fines, distribution, and charges of small and medium -sized enterprises and individual industrial and commercial households.
The notification stated that according to incomplete statistics, from October to December last year, 15 towns and villages in Bazhou City entered the warehouse and did not enter the warehouse.It reached 47.29 million yuan, which was 80 times the average of 80 times the monthly penalty.
The notification also stated that the chaos, fines, and distribution methods of Bazhou City this time have a variety of charges, and the characteristics of the chaos are obvious.Industry and commercial households will refund 54.72 million yuan.
In addition to market supervision, traffic law enforcement has also become a "penalty formula" in the hardest hit area. In some places, they even depart from the rules of the rule of law and launched the "fine monthly monthly" project.For example, some large truck drivers in Chengwu County, Shandong Province have established a "cooperation" relationship with the local transportation bureau. Drivers pay a fine of the month.It can be unobstructed within the month.
How to punish the economy?
The chaos of "fines and revenue" spread across China, so that the General Office of the State Council of the State Council of the State Council issued a opinion on further regulating the formulation and management of administrative tailoring.The government resolutely avoids fine fines, strictly prohibits the creation of fines by fines, and strictly prohibits the ranking of fines or as indicators for performance assessment.
Although such documents are the beginning of rectification chaos, if the economic conditions cannot be improved, after all, it can only be cure the standard.
China News Weekly quoted economic researcher Cheng Yu, from the data from the State Administration of Statistics, in the first seven months of this year, due to the cold winter of the real estate industry, local government revenue has been greatly reduced.In the trend, many local governments are facing serious problems of inconsistencies. Increasing penalties and non -tax income may become a impulse that is difficult to suppress.
It is not difficult to see that behind many law enforcement and chaos of punishment, it reflects that many local governments have to create indicators in other ways in the current situation of economic downturn and financial difficulties.
