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为切实推进执法办案工作的制度化、规范化、程序化、法治化建设,增强处罚决定的宣教性和说理性,进一步优化执法环境,促进社会和谐,武汉市工商局于2008年在全市范围内全面推行了说理式处罚决定书制度,并以此为契机和抓手规范执法行为、提升办案水平。经过两年的运作,武汉工商部门行政处罚案件质量得到巩固和提升,连续两年无因复议、诉讼被撤销、变更的行政处罚案件;在2009年市、区两级人大、政府法制办组织的贯彻《产品质量法》、依法行政等两个执法检查中,工商部门行政处罚案件评查得分均位于行政执法部门前列,受到市、区人大、法制办领导一致好评。本期在介绍武汉市局推行说理式处罚决定书工作情况的基础上,特约市局公平交易分局对商业贿赂类案件说理式处罚决定书的制作要点进行分析,并选登一篇处罚决定书,供读者参考。
In order to effectively promote the institutionalization, standardization, proceduralization and rule of law of law enforcement and handling cases, enhance the propaganda and rationality of punishment decisions, further optimize the law enforcement environment and promote social harmony, the Bureau of Commerce and Industry of Wuhan Municipality, in 2008, We promoted the decision-making system of rational punishment and used this as an opportunity and standard to regulate the law enforcement and enhance the handling level. After two years of operation, the quality of the administrative penalty cases in the industrial and commercial departments in Wuhan has been consolidated and upgraded. There are no cases of administrative penalties for two consecutive years of review, cancellation and alteration of litigation. In 2009, the NPC and the government legal affairs organization During the implementation of the two law enforcement inspections such as the Law on Product Quality and the administration according to law, the evaluation scores of the administrative penalty cases in the industrial and commercial departments are all in the forefront of the administrative law enforcement departments, and are well received by the leaders of the municipal and district people's congresses and the legal department offices. In this issue, based on the introduction of the Wuhan Municipal Bureau's decision of promoting rational punishment, the Bureau of Fair Trade of Special Branch Bureau conducted an analysis on the production points of the decision of reasoning punishment for commercial bribery cases and elected a penalty decision, For readers reference.