How to solve the problem that enterprises are listed as serious illegal and untrustworthy enterprises?

Focusing on the key market supervision areas related to people's lives, health and safety, and in view of the persistent ailments in the market order, recently, the State Administration of Market Supervision issued three important departmental documents at the same time, with heavy punches and heavy drugs, focusing on strengthening credit constraints and punishment for dishonesty, and promoting the solution of credit management problems such as long publicity time of credit information and imperfect credit repair mechanism.

I. Measures for the Administration of the List of Serious Violations of Laws and Trustworthiness in Market Supervision and Administration

(1) implementation conditions

According to the Measures for the Administration of the List of Serious Violations of Law and Trust in Market Supervision and Management (hereinafter referred to as the Measures), the parties have the following two types of behaviors and will be included in the list of serious violations of law and trust.

1. If a party violates laws and administrative regulations, which is of bad nature, serious circumstances and great social harm, and is subject to heavier administrative punishment by the market supervision and management department, the market supervision and management department shall, in accordance with the provisions of these Measures, include it in the list of serious violations of law and dishonesty, publicize it through the national enterprise credit information publicity system, and implement corresponding management measures.

The heavier administrative penalties mentioned in the preceding paragraph include:

(1) According to the discretion standard of administrative punishment, impose a fine according to the principle of heavier punishment;

(2) Reduce the qualification level and revoke the license and business license;

(3) Restricting production and business activities, ordering production and business suspension, ordering closure and restricting employment;

(four) other heavier administrative penalties stipulated by laws, administrative regulations and departmental rules.

2. The Measures clearly stipulate illegal acts in the fields of food safety, medicines, medical devices, cosmetics, quality and safety, infringement of consumers' rights and interests, disruption of fair competition order and disruption of market order. Those who have corresponding illegal acts and meet the requirements of the first category of acts will be included in the list of serious violations of law and dishonesty.

(2) Management punishment and dismissal

The "Measures" clearly stipulate the punishment management and delisting conditions for the list of untrustworthy executors who have committed the above-mentioned illegal acts.

1. Administrative penalty

(1) According to laws, administrative regulations and policy documents of the CPC Central Committee and the State Council, it is an important factor to be considered when examining administrative license, qualification, qualification, entrusted government procurement projects and project bidding;

(2) As the key supervision object, improve the inspection frequency and strictly supervise according to law;

(3) The notification commitment system is not applicable;

(four) shall not be awarded the honorary title of the market supervision and management department and other awards;

(five) other management measures stipulated by laws, administrative regulations and the policy documents of the CPC Central Committee and the State Council.

2. Remove the condition

If a party has been included in the list of serious violations of law and trust for one year and meets the following conditions, it may apply to the market supervision and management department for early delisting in accordance with the provisions of these Measures:

(1) has consciously fulfilled its obligations stipulated in the administrative penalty decision;

(two) has actively eliminated the harmful consequences and adverse effects;

(3) Not subject to more severe administrative punishment by the market supervision and management department.

In accordance with the provisions of laws and administrative regulations, if the time limit for implementing the corresponding management measures is not full, it shall not apply for moving out in advance.

Two, "market supervision and management of administrative punishment information publicity regulations"

According to the requirements of "Regulations on Publicity of Administrative Punishment Information in Market Supervision and Management" (hereinafter referred to as "Regulations"), the relevant information of administrative punishment decisions made by market supervision and management departments by applying ordinary procedures shall be recorded in the national enterprise credit information publicity system and publicized to the society. The "Regulations" respectively stipulate the content, form, time and conditions for canceling publicity.

(1) Publicity content

According to the requirements, the disclosure of administrative punishment information mainly includes two parts: the administrative punishment decision and the administrative punishment information summary. Among them, the summary of administrative penalty information includes: the document number of the administrative penalty decision, the basic information of the parties to the administrative penalty, the types of illegal acts, the contents of the administrative penalty, and the name and date of the administrative organ that made the administrative penalty decision.

Of course, the "Regulations" also pointed out that if the publicized administrative punishment information involves the protection of trade secrets and personal information, it needs to be processed.

(2) Form of publicity

The form of publicity is mainly through the national enterprise credit information publicity system.

(3) Time of publicity

The publicity time of punishment information is divided into "three months from the date of publicity" and "three years from the date of publicity". The former applies to the information of administrative punishment that is only fined by informed criticism or with a lower amount, while the latter applies to other information of administrative punishment.

(4) Cancellation of publicity

If the publicity of administrative punishment information meets the requirements of the prescribed time limit and meets the following conditions, it may apply to the market supervision and management department that made the decision on administrative punishment to stop the publicity in advance:

1. has consciously fulfilled its obligations stipulated in the administrative penalty decision;

2 have taken the initiative to eliminate harmful consequences and adverse effects;

3. It has not been subjected to administrative punishment by the market supervision and management department again for similar illegal acts;

4. Not in the list of abnormal business and the list of serious violations of law and trust.

If the party concerned is ordered to stop production and business, restrict production and business activities, restrict employment, lower the qualification level, revoke the license, revoke the business license and other serious administrative penalties stipulated by the State Administration of Market Supervision, it shall not stop the publicity in advance.

Three. Measures for the supervision and administration of credit repair market

In order to standardize the credit repair management of market supervision and management departments, encourage illegal and untrustworthy parties to take the initiative to correct illegal and untrustworthy behaviors, eliminate adverse effects, and rebuild good credit, the Measures for the Administration of Credit Repair of Market Supervision and Management (hereinafter referred to as the Measures) has formulated three types of credit repair measures for parties listed in the list of abnormal operations and administrative penalties.

Abnormal commercial credit repair

A party included in the list of abnormal operations or marked as abnormal operations may apply for credit repair in accordance with the provisions of these Measures under any of the following circumstances:

1. Make up the outstanding annual report and publicize it; ?

2. Fulfilling the obligation of instant information publicity; ?

3. The public information that conceals the real situation and practices fraud has been corrected; ?

4. Change the registration of domicile or business premises according to law, or the parties propose that they can get in touch again through the registered domicile or business premises.

Credit repair of serious illegal and untrustworthy list

If a party has been included in the list of serious violations of law and trust for one year and meets the following circumstances, it may apply for credit repair in accordance with the provisions of these Measures:

1. has consciously fulfilled its obligations stipulated in the administrative penalty decision; ?

2 have taken the initiative to eliminate harmful consequences and adverse effects; ?

3. It has not been severely punished by the market supervision and management department. ?

In accordance with the provisions of laws and administrative regulations, if the time limit for implementing the corresponding management measures is not full, it shall not apply for moving out in advance. ?

Other administrative penalties for credit repair

According to the provisions of the Measures, except for the administrative penalty stipulated in the third paragraph of Article 14 of the Regulations on the Publicity of Administrative Punishment Information in Market Supervision and Management-"not being punished by the market supervision and management department again for similar illegal acts", or only being given a warning, informed criticism and a lower amount of fine, the publicity of other administrative penalty information expires for six months, in which the publicity of administrative penalty information in the fields of food, medicine and special equipment is valid for one year, and the parties who meet the following circumstances can apply for credit.

1. has consciously fulfilled its obligations stipulated in the administrative penalty decision;

2 have taken the initiative to eliminate harmful consequences and adverse effects; ?

3. It has not been subjected to administrative punishment by the market supervision and management department again for similar illegal acts; ?

4. Not in the list of abnormal business and the list of serious violations of law and trust.