On June 5, 20 19, Luzhou Municipal Market Supervision Bureau filed an investigation, and made an administrative penalty decision on June 20 19, 10/2/0, giving the enterprise the administrative penalty of confiscation of illegal income and fine.
Refused to accept the punishment, the enterprise did not apply for administrative reconsideration.
The enterprise believes that the inspection agency has violated the statutory inspection regulations, and its inspection report cannot be used as a legal and effective punishment basis. On 201911kloc-0/5, he applied to the Luzhou Municipal People's Government for administrative reconsideration, requesting to cancel the administrative penalty decision of the Luzhou Municipal Market Supervision Bureau. After examination, the Municipal People's Government made an administrative reconsideration decision on February 7, 2020. It believes that the inspection agency is a third-party independent inspection agency with corresponding qualifications, and the enterprise cannot prove its illegal inspection and testing behavior. The inspection report is made in accordance with legal procedures, and there is no legal situation that should be revoked. At the same time, it is determined that the administrative punishment decision made by Luzhou Market Supervision Bureau has clear facts, conclusive evidence, correct application basis, legal procedure and appropriate content, and is maintained.
Both administrative lawsuits were rejected, and the enterprise was finally fined.
The enterprise then filed an administrative lawsuit with the Jiangyang District People's Court of Luzhou City, requesting to revoke the administrative punishment decision made by the Luzhou Municipal Market Supervision Bureau and the administrative reconsideration decision made by the Municipal People's Government. After hearing the case in court, the court made an administrative judgment on July 17, 2020, arguing that the inspection report can be used as the basis for determining whether the business activities of the enterprise are illegal. The administrative actions made by the Luzhou Municipal Market Supervision Bureau and the Municipal People's Government were clear in fact, conclusive in evidence and legal in procedure, and rejected the enterprise's claim.
The enterprise then appealed to the Municipal Intermediate People's Court, which heard the case and made a final judgment on June 26th, 2020 10. The court held that the inspection report of the inspection agency has legal effect and can be used as the basis for administrative punishment. The illegal behavior of the enterprise exists objectively. The administrative punishment decision made by Luzhou Market Supervision Bureau has clear facts, conclusive evidence, correct application basis, legal procedures and appropriate punishment, and rejected the appeal of the enterprise.
Case enlightenment: protect the rights of the relative person, uphold justice and establish authority.
The relevant person in charge of the Luzhou Municipal Market Supervision Bureau said that the fair, just and civilized law enforcement of the Luzhou Municipal Market Supervision Bureau fully protected the legitimate rights and interests of the counterpart, safeguarded the authority and image of the fair law enforcement of the market supervision system, and reflected the law enforcement ability and level of market supervision law enforcement personnel; At the same time, it also sounded the alarm for some illegal food production enterprises with luck, and urged enterprises to effectively improve their legal awareness of food safety and strictly abide by the bottom line of food safety. In the next step, Luzhou Municipal Market Supervision Bureau will continue to strengthen the construction of law enforcement personnel's administrative capacity according to law, crack down on food safety violations and ensure the safety of people's medication.
Contributed by: Luzhou Municipal Market Supervision Bureau