Recently, the Yangjiang Municipal Market Supervision Bureau filed an application with the People’s Court of Jiangcheng District, Yangjiang City, and refused to deal with toxic and harmful foods in Yangjiang City’s Jiangcheng District Dajinyuan Hotel Co., Ltd. The administrative penalty case for non-payment of fines was enforced. Due to legal deterrence, the hotel paid a total of 160,000 yuan for the refused fine and the additional fine to the state treasury. So far, the illegal food case, which lasted more than two years, has been executed.
The hotel was filed and investigated according to law on September 29, 2018, and a fine of 1,00088 yuan was imposed on February 3, 2019. After the hotel paid the first instalment of 20,088 yuan in fines on February 15, 2019, it has been delaying payment of the remaining fines for various reasons, failing to implement the administrative penalty decision within the statutory time limit, and it has not filed an administrative reconsideration or administrative lawsuit within the statutory time limit. . After the institutional reform, the Municipal Market Supervision Bureau, which is responsible for food safety supervision and law enforcement, did not relax the enforcement of the case, actively performed its duties, communicated with the hotel many times, and clearly informed the parties of the legal consequences of non-fulfilment of the administrative penalty decision, and issued to the hotel in accordance with the law A reminder, but the hotel still refuses to implement the administrative penalty decision. In order to ensure the smooth execution of the case, after the expiration of the reminder period, the bureau applied to the Jiangcheng District People’s Court for compulsory execution on October 22, 2019. The Jiangcheng District People’s Court ruled that the hotel should be enforced, and the remaining fine of 80,000 yuan was imposed on the hotel, plus a fine of 80,000 yuan, for a total of 160,000 yuan.
During enforcement, the People’s Court of Jiangcheng District found that the hotel’s bank deposit was only 6,600 yuan, and that there were no other things that could be enforced. Property can only freeze bank deposits of 6,600 yuan in accordance with the law on April 29, 2020, and the remaining fines cannot be enforced. Under this circumstance, the bureau did not give up the execution of the case, and continued to carry out investigations. After a long period of investigations, it was found that the hotel was still carrying out business activities and had good business. After grasping the evidence that the hotel used WeChat account to collect payments in order to avoid the enforcement of fines, the bureau quickly provided the hotel’s enforceable property and other relevant information to the Jiangcheng District People’s Court, and at the same time immediately applied to the Jiangcheng District People’s Court for restoration in accordance with legal procedures Mandatory. After the joint efforts of the bureau and the staff of the Jiangcheng People’s Court, in the face of sufficient evidence and powerful legal weapons, the hotel finally admitted its mistake and recently paid the remaining fine of 153,400 yuan to the national treasury.
This case is the first successful food case of the bureau that applied for court enforcement. It has important guiding value and reference significance for the food supervision and enforcement work of our city. It is conducive to establishing law enforcement authority, deterring offenders, and at the same time making offenders aware of the legal consequences of refusing to implement administrative punishment decisions, and has a warning and educational effect on future offenders. If an offender is found to be capable of enforcement and refuses to implement the administrative penalty decision, he will not only be included in the list of untrustworthy persons subject to enforcement, unable to obtain loans, restrict high consumption, cannot take airplanes, high-speed trains, and be subject to many restrictions in all aspects of work and life, but also Will constitute a criminal offence.