The content of this article comes from the Internet, if it is inconsistent with the actual situation or there is infringement, please contact to delete.
A recent policy introduced by the Huaxian Market Supervision and Administration Bureau in Henan Province fills a gap in the supervision of non-governmental collective activities such as "eating seats" for hundreds of years. This policy stipulates that as long as there is an act of starting a fire, you must first apply for a food business license, otherwise you will be fined. This news has attracted great attention and heated discussions on the Internet. But is this policy really about food safety? Netizens have said that there has never been a problem with the rural seats they have eaten, and what they really need to take care of is the food sold in the market.
This makes us wonder whether the government should pay more attention to market regulation in ensuring food safety, rather than frequent intervention in the voluntary behavior of the private sector. After all, only by administering according to law can we gain the trust and support of the public. When we encounter disputes in administrative law enforcement, who should bear the burden of proof? This is a question worth pondering. In the latest enforcement incident, local law enforcement officials accused a rural restaurant of operating illegally, but did not provide sufficient evidence to support their claims. So, in this case, how to determine whether the banquet is a business activity?
Which department should bear the burden of proof? Let's take a look. First, let's take a look at the relevant legal provisions. According to the Administrative Litigation Law of the People's Republic of China, the defendant bears the burden of proof for the administrative act they made, that is, the law enforcement department needs to provide evidence of their administrative act and the normative documents on which it is based. However, in this case, the law enforcement officers only verbally claimed that the banquet was operated illegally, and did not provide sufficient and effective evidence to support their views. So, how to determine whether this banquet is a business activity?
First of all, we can consider checking if the banquet has a business license. However, in rural areas, many banquets are done with the help of acquaintances, and there is no business license at all. Therefore, it is not entirely accurate to rely solely on a business license to determine business activities. Recently, the Huaxian County Administration for Market Regulation issued a circular, accusing law enforcement officials of non-standard interpretation of the policy, which led to misunderstandings among the masses. They also suspended the comrades concerned. However, in this report, it is clearly mentioned that after law enforcement officers arrived at the scene, they found that this banquet was not a normal red and white wedding dinner event in the countryside.
This raises a new question, which banquets in the countryside are considered normal red and white ceremonial dinners, and which ones are considered abnormal? For citizens, nothing is prohibited by law. But for law enforcement, there must be clear permission from the law to act. Therefore, we need to define more clearly what is a normal red and white wedding dinner event. Only within the scope clearly stipulated by the law, law enforcement personnel can carry out administrative enforcement, otherwise it will lead to abuse and injustice in law enforcement.
When carrying out administrative law enforcement, we should always adhere to the principle of administering according to law, and law enforcement personnel should strictly abide by the provisions of the law and provide sufficient and effective evidence to support their actions. At the same time, we also need to strengthen the training and supervision of law enforcement personnel to ensure that they can properly understand and enforce the law. Finally, let us think about a question together: how to better balance the rights and interests of citizens and the management needs of society in administrative law enforcement? What are your thoughts on this issue? Welcome to leave a message to discuss!
The above content is from the Internet, and the author of this article does not intend to target or allude to any real country, political system, organization, race, or individual. The above content does not mean that the author of this article agrees with the laws, rules, opinions, behaviors in the article and is responsible for the authenticity of the relevant information. The author of this article is not responsible for any of the above or related issues, and does not assume any direct or indirect legal liability.