Chinese procuratorates stress avoiding excessive penalties for business violations

BEIJING -- China's Supreme People's Procuratorate (SPP) on Monday published a batch of typical cases concerning procuratorial supervision aimed at protecting legitimate rights and interests of enterprises, including efforts to avoid excessive punishments for minor violations.

One of the cases highlighted a procuratorial agency's efforts that saved an enterprise approximately 30,000 yuan (about 4,200 U.S. dollars) in fines. The business was initially fined 40,000 yuan for failing to ensure its construction site vehicles were clean before hitting the road, violating relevant rules.

The procuratorate, after reviewing similar cases in the locality, determined that the punishment was too severe. It then put forth a procuratorial suggestion to the local law enforcement authority that the case be reexamined.

The procuratorial suggestion was accepted by the law enforcement agency, which later decided to reduce the fine to 10,000 yuan.

Zhang Xueqiao, deputy procurator-general of the SPP, said that excessive punishments, especially those imposed on street vendors and micro and small businesses, go against the principle of proportionality, violate the spirit of the law, and also harm the legitimate interests of the parties involved. Such problems need to be put under supervision and rectified.

Zhang added that procuratorial agencies will strengthen coordination with other administrative authorities, enhance information sharing and help ensure standardized and reasonable discretion in administrative penalties.