Selling over the standard of celery for a profit of 14 yuan was fined 100,000: Be wary

Source: Surging News

Author: Li Qinyu

A old farmer in Fuzhou made a profit of 14 yuan (RMB, the same below, S $ 2.62) because of unqualified celery (RMB, the same below, S $ 2.62).The incident quickly triggered heated discussions, and also made the "small overweight punishment" problem entering the public sight again.

The residue of celery pesticides sold exceeding the standard should be punished. After all, this is related to the food safety of ordinary people.However, the old farmer is not a professional vegetable vendor. The number and value of the case involved in the case are not high. The profit is only 14 yuan. The fine of 50,000 yuan in the local market supervision department is obviously exceeded.In the case that the old farmer was unable to pay the fine, it was also difficult for a strong man to urge him and add a fine of 50,000 yuan.

Fortunately, the local courts tried that the administrative penalty decision was severely punished and the procedures were illegal. Therefore, the administrative penalty decision made by the Market Supervision Bureau was not allowed to be enforced.As a result, the old farmers were relieved.

It is worth noting that last year, the 66th Inspection Group of the State Council of the State Council found that during the inspection of Shaanxi inspections, it was found that the local market regulatory authorities were "small overweight for small and micro market entities. "The question, for example, after the four -day ex -yogurt of the four -board expired, was fined 20,000 yuan, and 5 catties of celery was sold for 20 yuan to be fined 66,000 yuan.At that time, the inspection team suggested that the market entities that have illegal acts, especially minor and illegal, and the initial violations cannot be excessively punished, but they should implement cautious supervision.

This guidance suggestion is of course not just for individual places.However, in February 2023, the local market supervision bureau of Fuzhou applied to the court for compulsory implementation when the old farmer was unable to pay the fine. Obviously, he did not understand the essence of "tolerance and prudent supervision".This also shows that the problem of "small overweight punishment" has its universality and roots, not an individual phenomenon.

Food safety is a red line, but the punishment must consider illegal plots, motivations, value, consequences, etc., so as not to be too outrageous, beyond the general understanding of the public.The reason why there is a "small and heavy penalty" is because some law enforcement personnel are mechanically enforced, but only the specific laws and regulations in relevant laws are regardless of the actual situation.When the performance assessment is linked, the motivation for law enforcement is easy to have problems.

The local courts to correct unreasonable punishment in time are worthy of praise, but this also reminds us that we must cure the problem of "small overweight punishment". We must not rely on headache and doctors and feet.It is important to start with the reform of the institutional mechanism, prohibit the number or amount indicator of the market regulatory authorities from issuing or disguised or disguised, and avoid stimulating movement law enforcement due to evaluation and assessment.

At present, many small and micro markets, especially individual merchants, are actually facing a lot of operating pressure.Under such circumstances, a minor illegal punishment is "strict and serious", which will not only be not conducive to creating a good business environment, but also to crack down on the confidence of many operators and to a certain extent.Encourage the effectiveness of entrepreneurial employment.

In recent years, the New Administrative Penalty Law has increased the provisions of "first violations", and some places have also explored the implementation of the "minor penalty" system.The emphasis on food safety and the crackdown on illegal acts are not contradictory with the care of the market entity. It combines punishment and education. Only if the law enforcement has temperature, it will be more powerful.