| Since the beginning of 2016,the Hengqin Free Trade Zone has issued the first nationwide exemption list,and all provinces and cities across the country have successively issued inclusive exemption lists in various fields.Administrative Punishment Law of the People’s Republic of China in 2021,which was revised,has greatly promoted the formulation and implementation of the inclusive exemption list.In recent years,local attempts and explorations on the inclusive exemption list have achieved remarkable results,providing a solid legal guarantee for the continuous optimization of the business environment and the healthy development of the economy and society.With the complexity and multiple changes of the market environment,the current inclusive exemption list implemented in various places has gradually exposed some shortcomings,which has caused some resistance to the improvement of the quality of flexible law enforcement.The improvement of the quality of flexible law enforcement cannot be separated from the improvement and optimization of the inclusive exemption list system.The inclusive exemption list is formulated and issued by various regional government departments,which lists the items of illegal acts exempted from punishment in relevant fields.Its application in the administrative field is in the ascendant,and has become a new model for implementing the exemption system in many regions.The Law of the People’s Republic of China on Administrative Penalties,as the legal basis for the inclusive exemption list,clearly stipulates three applicable conditions: "slight exemption","exemption for the first violation" and "exemption from punishment without subjective intent",and implements the principles of accountability,cheapness and inclusiveness and prudence.As an emerging regulatory system,the inclusive exemption list has been developed so far,based on the principle of inclusive prudence and the principle of combining punishment and education,stimulating the innovative vitality of enterprises,and reflecting the concept of flexible law enforcement everywhere,which has become very common in China’s administrative field.From the perspective of text,the main body of formulation spans from the national level to the county and district level,and the joint issue of multiple provinces has also emerged,mainly in the form of text and tables,covering a wide range of fields;From the implementation point of view,the inclusive exemption list insists that exemption from punishment is not exempt from responsibility,and actively explores a new model of comprehensive law enforcement.However,at this stage,there are still some deficiencies in the system and application procedures of the inclusive exemption list.The main problem in the system is the unclear positioning in the legal system,which directly affects whether the list can be used as a sufficient basis for administrative decisions.The inclusive exemption list has been widely issued in various regions and fields,and laws and regulations have not clearly defined the legal attributes of the inclusive exemption list.The deficiencies in the system supply level have resulted in a series of problems such as the confusion of the list formulation standards,the lack of specific conditions,the lack of supervision in implementation,and the single mode of education.To optimize the inclusive exemption list system,we need to implement the legal basis of the administrative exemption system,start with the top-level design,make a good overall plan on the system system,and clarify the high-level legal support of the inclusive exemption list in the form of legislation,so as to ensure the maximum coordination of the inclusive exemption list in all regions and at all levels.In order to further standardize the development of the inclusive exemption list,it is necessary to divide unified standards,clarify the boundaries of rights,and reasonably define the applicable conditions of inclusive exemption according to local conditions.In addition to the optimization of the system,the procedure is also crucial to the pursuit of the inclusive exemption list for the overall public interest.The supervision mechanism,education method and follow-up review mechanism must be properly adjusted to maximize the role of the inclusive exemption list in social governance. |
