Circular of the State Administration for Market Regulation on Seeking Public Comments on the Guiding Opinions of the State Administration for Market Regulation on the Correct Exercise of Discretionary Power in Administrative Penalties by Administrative Departments for Market Regulation (Draft for Comment)

Circular of the State Administration for Market Regulation on Seeking Public Comments on the Guiding Opinions of the State Administration for Market Regulation on the Correct Exercise of Discretionary Power in Administrative Penalties by Administrative Departments for Market Regulation (Draft for Comment)
Circular of the State Administration for Market Regulation on Seeking Public Comments on the Guiding Opinions of the State Administration for Market Regulation on the Correct Exercise of Discretionary Power in Administrative Penalties by Administrative Departments for Market Regulation (Draft for Comment)

September 10, 2019

In order to regulate the conduct of administrative penalties in market regulation, ensure that administrative departments for market regulation exercise discretionary power in administrative penalties in a legal and appropriate manner, and protect the legitimate rights and interests of natural persons, legal persons and other organizations, the State Administration for Market Regulation has conducted research and drafted the Guiding Opinions of the State Administration for Market Regulation on the Correct Exercise of Discretionary Power in Administrative Penalties by Administrative Departments for Market Regulation (Draft for Comment). Public comments are hereby sought on these Opinions. The public may make comments through the following ways and means:

1. Log on to the website of the State Administration for Market Regulation (http://www.samr.gov.cn) and submit comments through the "Seeking Comments on Draft Laws and Regulations" column in "Interaction" of the homepage.

2. Send comments by e-mail to: fgs@samr.gov.cn. Please mark the words "Comments on Guiding Opinions on the Exercise of Discretionary Power in Administrative Penalties" in the e-mail subject.

3. Send comments by mail to: Department of Law and Regulation, the State Administration for Market Regulation, No.8 Sanlihe East Road, Xicheng District, Beijing, 100820. Please mark the words "Comments on Guiding Opinions on the Exercise of Discretionary Power in Administrative Penalties" on the envelope.

The deadline for feeding back comments is September 18, 2019.

Guiding Opinions of the State Administration for Market Regulation on the Correct Exercise of Discretionary Power in Administrative Penalties by Administrative Departments for Market Regulation (Draft for Comment)

Bureaus (departments and commissions) for market regulation of all provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang Production and Construction Corps, and all departments, bureaus and directly affiliated entities of the State Administration for Market Regulation,

In order to regulate the conduct of administrative penalties in market regulation, ensure that administrative departments for market regulation exercise discretionary power in administrative penalties in a legal and appropriate manner, and protect the legitimate rights and interests of natural persons, legal persons and other organizations, these Opinions are formulated in accordance with the Law of the People's Republic of China on Administrative Penalties and other laws, regulations and rules, as well as the relevant provisions of the State and in light of the actual situation of market regulation work.

I. Meaning and Principles of Exercise of Discretionary Power in Administrative Penalties
(I) Meaning of discretionary power in administrative penalties.
  ......
请先同意《服务条款》和《隐私政策》