Civil administrative procuratorate
Tongling Suburbs: Public Hearings "Pulse", Substantially Resolve an Administrative Dispute Case
Time: June 13, 2022 Author: News source: [Font size: large | in | Small

   Recently, the Tongling Suburb Procuratorate held a public hearing to carry out substantive resolution of administrative disputes on the case of administrative punishment for Xie's failure to inspect the qualification certificates of cold chain food as required. Representatives of the suburban people's congress, members of the CPPCC, and judicial administrators were invited to attend the hearing, and representatives of cold chain food operators in the suburbs were arranged to attend the hearing in line with the purpose of "handling one case and educating one area".  

   Xie is the only business in a suburban town that operates cold chain food legally. In December 2021, when Mr. Xie purchased cold chain food worth about 10000 yuan from Nanjing, he failed to strictly check and ask for relevant certificates after oral confirmation that they were complete and qualified, failed to report to the suburban market supervision bureau as required, and failed to transport them to the centralized supervision warehouse in Anhui Province for nucleic acid testing and preventive comprehensive disinfection. As Xie's failure to inspect and report violates the first paragraph of Article 53 of the Food Safety Law of the People's Republic of China and the relevant provisions on epidemic prevention and control, the Suburban Market Supervision Bureau plans to impose a new administrative penalty for fine. Xie's illness has made it impossible for individuals to raise objections to the excessive fine.  

   After examination, the prosecutor handling the case found that the excessive fine was the source of the dispute between Xie and the administrative organ, and improper handling might lead to administrative reconsideration or even administrative litigation. In view of the fact that Xie's illegal behavior is relatively minor and belongs to individual business, and his ability to deal with risks is weak, and excessive punishment will make it difficult for him to continue his business. Based on the principle of combining punishment with education, and from the perspective of maintaining the development of private economy and social harmony and stability, it is suggested that the administrative organ can give Xie a lighter punishment.  

   After fully listening to the opinions of all parties, the hearers unanimously agreed on the proposal of lighter punishment put forward by the procuratorial organ, and believed that the proposal could better settle disputes, resolve conflicts, and achieve the unity of political, social and legal effects.  

   After the hearing, Xie said that he would learn from this lesson in his future business. He believed that the administrative organ would make appropriate punishment, and he would actively implement it. The Suburban Market Supervision Bureau said that the hearing gave its law enforcement personnel a new understanding of the application of laws and regulations, and the suggestions of the hearing must be carefully studied, adopted in accordance with the law, and made the final punishment decision. The person in charge of a star cold chain food, as a representative of the enterprise on the sidelines, sighed: "This hearing warns me with a living case that the purchase of cold chain food must strictly comply with the inspection and reporting system. The supervision and care of the procuratorial organ and the market supervision department for our self-employed businesses have really made me feel the temperature of the law."