Provisions on administrative punishment procedures for market supervision and management

The provisions of the administrative punishment procedure for market supervision are mainly defined in the Administrative Punishment Law of the People's Republic of China.

The administrative punishment procedure of market supervision mainly includes the following procedures:

1, the market supervision department shall, within two working days from the date of discovering illegal clues or receiving relevant materials, register and make a case source registration form, and the person in charge of the case-handling institution shall designate two or more law enforcement officers to investigate and deal with it according to law;

2. The market supervision department shall make a decision on the complaint or (and) report according to the requirements of the relevant materials received. The relative materials received only contain expressions such as the operator's alleged illegal behavior, and those that have not requested investigation should not be determined as reports. The counterpart materials received not only require the settlement of civil disputes, but also require investigation, which should be determined as complaints and reports. The market supervision department shall handle complaints and reports separately in accordance with the Interim Measures for Handling Complaints and Reports of Market Supervision and Management; If it is determined that it is a report, it should also be handled in accordance with the corresponding procedures stipulated in the Regulations. In the process of handling complaints, the market supervision department finds clues suspected of violating the laws, regulations and rules of market supervision and management, which belong to the clues of illegal behavior found by the market supervision department according to the supervision and inspection authority stipulated in Article 19 of the Regulations, and do not belong to the clues of illegal behavior found through reporting channels, and shall be handled in accordance with the corresponding procedures stipulated in the Regulations.

3, the market supervision department after verification, to meet the conditions, should be placed on file; Do not meet one of the following conditions, shall not be filed;

4. If the illegal act is obviously minor and corrected in time without causing harmful consequences, the market supervision department may refuse to file the case, including but not limited to the first illegal act with obviously minor harmful consequences and corrected in time, and the minor illegal act is subject to the notification commitment system.

legal ground

Administrative Punishment Law of the People's Republic of China

Article 44 Before making a decision on administrative punishment, the administrative organ shall inform the parties of the contents, facts, reasons and basis of the administrative punishment to be imposed, and inform the parties that they have the right to make statements, defend themselves and request a hearing according to law.

skill

The above answer is only for the current information combined with my understanding of the law, please refer carefully!

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