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Jiangsu Transportation Law Enforcement Unified Market Rules and Discretion Standards

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Recently, the Jiangsu Provincial Transportation Comprehensive Administrative Law Enforcement Supervision Bureau issued the “Ten Measures for Jiangsu’s Comprehensive Transportation Law Enforcement Service to Build a Unified Large Market” (referred to as the “Measures”), covering five aspects: breaking down market barriers, ensuring the flow of factors, optimizing law enforcement methods, strengthening cross-regional collaboration, and enhancing law enforcement supervision and capacity building, to further unify market rules and discretion standards.

The “Measures” require carrying out the “clearing, merging, and reducing” of law enforcement items, legally cleaning up, merging, and streamlining specific enterprise-related law enforcement business items in the fields of road, water, and engineering quality, while focusing on cleaning up various normative documents and internal regulations in the main responsibility and business areas that have “no actual effect” and contain content such as local protection, designated transactions, and market segmentation that hinder the construction of a national unified large market; promote regional coordination of penalty discretion benchmarks, where matters involving the unification of the transport market directly apply the unified discretion standards of the state, the Ministry of Transport, or Jiangsu Province, with municipal law enforcement departments allowed to refine and supplement them, while county-level law enforcement departments shall no longer formulate differentiated rules and non-penalty lists for their localities; build a case database for discretion benchmarks to avoid “different penalties for similar cases”.

Jiangsu will strengthen law enforcement guarantees for the transportation of key materials, establishing “green channels” for rapid inspection of transport vehicles and vessels for key industrial and supply chains, energy, grain, emergency supplies, etc., and a mechanism for tolerating and correcting minor violations; optimize joint law enforcement supervision in expressway service areas, legally cracking down on behaviors that infringe on the rights and interests of drivers and passengers such as forced buying and selling, price fraud, and monopoly operations.

According to the “Measures”, Jiangsu will standardize administrative inspection behaviors involving enterprises, strictly implement the “three systems” of administrative law enforcement, fully implement “double random, one public” supervision, and explore the implementation of “non-on-site law enforcement” and “triggered supervision” for market entities with good credit; promote flexible law enforcement and legal education, implementing an informed commitment system for initial violations that meet legal conditions, cause minor harm, and are promptly corrected, resulting in no penalty according to the law; improve the efficiency of oversized transport approval and ship inspection, fully implement intelligent declaration, intelligent route selection, intelligent verification, and intelligent approval, and ensure “unified acceptance and joint approval”.

The “Measures” require continuously deepening exchanges and cooperation among transportation law enforcement departments in the Yangtze River Delta region, focusing on case transfer, mutual recognition of evidence, unified discretion, and joint credit rewards and punishments to promote the unification of law enforcement standards; promote the application of technological means such as drone patrols, electronic monitoring, non-on-site law enforcement, and “artificial intelligence+” to continuously improve law enforcement efficiency and accuracy.

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