China National Financial Supervision and Administration Administration of Finance and Administration issued the implementation method of administrative penalties on Monday (December 11) (the draft for comments) (hereinafter referred to as the method), which mentioned the same illegal law of the same responsibility subject within five years.The behavior is intended to be punished heavy.
According to the methods issued by the website of the State Administration of Finance and Administration of China, the basic principles such as punishment and tailoring should follow the basic principles of punishment, equal punishment, and legal procedure.Applicable rules such as punishment timeliness."From the old and the light" refers to laws, administrative regulations, and bank insurance supervision regulations that implement administrative penalties and apply illegal acts.However, when the administrative penalty decision is made, laws, administrative regulations and relevant regulatory regulations have been revised or abolished, and the new regulations are lighter or do not consider it illegal. New regulations are applicable.
From the perspective of the time limit for punishment, the method stipulates that if the illegal act has not been discovered within two years, administrative penalties are no longer given; if financial security and harmful consequences are extended to five years.Except for other provisions.The deadline stipulated in the preceding paragraph is calculated from the date of the occurrence of illegal acts; if the illegal act is continuous or continued, it is calculated from the date of the behavior.
In terms of tailoring and applications, the method clearly reduces the basic connotation of reducing, light, moderate, and heavy punishment.It is clear that if one of the following circumstances, it shall be punished, including serious violations of prudential business rules, and may cause or may cause cases or major risk events; seriously violate market fair competition regulations, affect the stable financial market order; serious damage consumption consumption consumption consumptionThe rights and interests of the person, the high degree of social attention, and the bad impact; those who do not cooperate with the regulatory and law enforcement according to the law; and the same responsible entity is subject to administrative penalties of the State Administration of Finance and its dispatched agencies or ordered them to be corrected.Illegal acts, etc.
The method also pointed out that if the parties exist at the same time, if there is a light or reduced, and the penalty punishment at the same time, according to the specific situation of the case, combined with the local law enforcement practice, the level of economic and social development, reasonably consider the institutional level, market size, illegal law, and illegal law.The proportion of business, other factors such as the amount involved, and determine the final tailoring order.
In the implementation of the dual penalty system, the method is clear, while the administrative penalty of bank insurance institutions shall be given, and the administrative penalty of the relevant responsible person shall be punished in accordance with the provisions of laws, administrative regulations, and rules.Only the internal accountability of the organization is used as a reason for light, reducing or not punishing punishment.
In terms of fines and confiscation of illegal income, the method clarifies the standards and calculation methods of the banking insurance industry from light, moderate, from heavy fines, and the identification standards and calculation methods of illegal income.When calculating the illegal income, the parties have refunded the pay in accordance with the law and should be deducted in the illegal income. The parties provide relevant bills, account books, etc. to prove direct related taxes and other legal and necessary expenditures, which can be deducted.
According to the method, the same illegal act of the parties shall not be given administrative penalties for more than two fines.If multiple legal norms that violate the same illegal act shall be fined, a fine shall be imposed in accordance with the high amount of fines.
Methods also pointed out that the provincial -level dispatched institutions of the General Administration of Finance can combine the economic and social development status of various places and make reasonable and quantitative administrative penalties in the administrative penalty in the administrative punishment in accordance with the measures.
For those who abuse their powers in the process of exercising administrative penalties, abuse of authority, fraud, neglecting their duties, and changing the types of administrative penalties such as the type and amplitude of administrative penalties.Criminal responsibility in accordance with the law.
