There are a large number of catering businesses and enterprises in the jurisdiction of Wujiaochang Street, and the problem of fume emission caused by it has always been the focus and difficulty of urban management. In order to improve the environmental quality and create a livable living environment in Wujiaochang, recently, the Wujiaochang Street Comprehensive Administrative Law Enforcement Team carried out special law enforcement inspections on the installation and daily maintenance of fume purification facilities of catering enterprises along the street in the jurisdiction.
During the inspection, the law enforcement team found that there was black smoke and oil smoke smell at the discharge port of the oil fume purification facility of a restaurant on Guoding East Road, the oil fume purification facility was seriously polluted, and the oil collection tray was full of oil and overflowed. The law enforcement team members launched an investigation in accordance with the law, interviewed the party concerned of the restaurant, and found out that the restaurant failed to maintain the normal operation of the fume purification facility due to its negligence in management.
In accordance with the relevant laws and regulations, the law enforcement team issued a "Notice of Correction Order" to the parties, requiring them to complete the rectification within a time limit, and made an administrative penalty decision of fining them 20,000 yuan in accordance with the law, and at the same time carried out legal popularization and education to strengthen their sense of responsibility. After review, the store has been ordered to rectify the requirements, in accordance with the provisions of the use of fume purification facilities did not maintain normal operation.
During the enforcement of the case, since the parties were small and micro businesses and had practical difficulties in operation, a one-time large fine would aggravate their business pressure, so the parties applied for payment of the fine in installments. After careful verification and strict review of the parties' application materials, the Wujiaochang Street Comprehensive Administrative Law Enforcement Team issued the first "Notice of Approval of Installment Payment of Fines" in accordance with the provisions of Article 66, Paragraph 2 of the Administrative Punishment Law of the People's Republic of China, which stipulates that "if a party does have financial difficulties and needs to postpone or pay the fine in installments, it may be suspended or paid in installments upon application by the party and the approval of the administrative organ", as well as in combination with the performance of the parties actively cooperating with the investigation during the handling of the case It is the first administrative penalty case in which the law enforcement team allows the parties to pay the fines in installments.
This case is a useful exploration and practice of "soft" law enforcement by the Wujiaochang Street Comprehensive Administrative Law Enforcement Team to combine standardized law enforcement with humanized services. Punishment is not the goal, the fine is paid in installments, which not only ensures that law enforcement is in place, but also alleviates the payment pressure of parties in financial difficulties to a certain extent, fully demonstrates the service concept of law enforcement for the people, educates people with law and moves people with emotion, so that law enforcement has "strength" and "temperature".
Text/Image: Cheng Jiajia
Editor: Zhang Tianyi
*Please indicate that the reprint is from the official WeChat of Shanghai Yangpu