New Hainan Client, Nanhai Net, Nanguo Metropolis Daily January 5 news (reporter Tan Qi) Recently, the Hainan Provincial Bureau of Statistics issued the "Hainan Provincial Statistical Field Inclusive and Exempt List" (hereinafter referred to as the "List"), and at the same time has three requirements for the first violation, the slight harmful consequences, and the timely correction of the offender.
It is understood that the "List" lists 2 acts exempted from punishment: First, enterprises, public institutions or other organizations have not set up original records and statistical ledgers in accordance with the relevant provisions of the state; the first time the violation is found, the initiative is reported and truthfully stated the statistical illegal behavior, the initiative is corrected or the rectification is completed within 5 working days, and there are other relevant materials that can directly or indirectly prove the accuracy of their statistical data, and there are no harmful consequences. The above conditions must be met at the same time, and one is indispensable. Second, individual industrial and commercial households refuse to reply or do not truthfully reply to statistical inspection inquiries. Violating the law for the first time and being discovered for the first time, voluntarily reporting and truthfully stating the statistical illegal conduct, actively replying, or replying within 3 working days, truthfully replying, and not causing harmful consequences. The above conditions must be met at the same time, and one is indispensable.
"The List adheres to the implementation principles of equal emphasis on tolerance, prudence and strict supervision, parallel investigation and punishment according to law and supervision services, and simultaneous law enforcement supervision and law enforcement standards." The relevant person in charge of the Hainan Provincial Bureau of Statistics explained that the exemption list can be used as the content of discretionary consideration of administrative punishment and must not be directly used as the legal basis for administrative punishment; if the illegal acts not listed in the exemption list meet the statutory conditions for non-punishment, they shall not be punished; if the parties have minor illegal acts listed in the exemption list, and at the same time there are aggravating circumstances, the exemption from punishment shall not be applied; if the parties have minor violations listed in the exemption list and then carry out the illegal acts after being exempted from punishment, the exemption from punishment shall no longer be applied.
In addition, before making a decision not to impose administrative penalties in accordance with law, statistical law enforcement organs shall order the parties to make corrections or make corrections within a time limit, educate and guide the parties to consciously abide by the law, and make a record of administrative law enforcement. Where parties refuse to make corrections, fail to make corrections within the time limit, or still do not meet the requirements after making corrections, they shall be given an administrative punishment in accordance with law. Statistical law enforcement agencies should organically combine "law enforcement and guidance", "supervision and service", and "punishment and education".
The law enforcement organ of the Hainan Provincial Bureau of Statistics mentioned that "exemption from punishment" does not mean "exemption from responsibility", for minor violations of the law that are not subject to administrative punishment, in addition to ordering corrections to administrative counterparts, education and law popularization work should be carried out in a timely manner, so that they "know their responsibilities" and "fulfill their responsibilities", and through flexible law enforcement methods such as criticism and education, on-site popularization of the law, interview guidance, etc., to promote administrative counterparts to abide by the law and regulations, so as to achieve the "temperature" and "scale" of law enforcement are not confused.
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