The frequent occurrence of statistical illegal cases puts forward new requirements for the improvement of China's statistical legislation. The focus of perfection should be shifted from legislative origin to legislative application, and the problem of statistical legal responsibility is a chronic disease that puzzles the applicability of statistical legislation in China. Punitive legal responsibility is an effective means to ensure the applicability of legislation. It is very necessary and feasible to improve the legal responsibility of punitive statistics in China through the revision of legislative texts.
[Keywords:] statistical legislation; Administrative legal responsibility; Criminal legal responsibility; Punitive
The revision of the Statistics Law of the People's Republic of China in 2009 (hereinafter referred to as the Statistics Law) further improved China's basically complete statistical legislation, but this is only the beginning of building a harmonious statistical legal order in China. After all, the Detailed Rules for the Implementation of the Statistics Law of the People's Republic of China has not been revised so far. In particular, the related content of statistical legal responsibility is still thin, which leads to frequent statistical illegal cases. The important reason is that the legal liability of punitive statistics in China is weak, which makes the offender's illegal cost lower and violates the principle of "proportion of responsibility" in imputation. It is necessary to explore and improve the legal liability provisions of punitive statistics in China.
First, the status quo of China's statistical legal liability provisions
(a) Overview of statistical legislation
China's statistical legislation is centered on the Statistics Law revised in 2009, supplemented by statistical administrative regulations, local statistical regulations and various statistical regulations. Mainly includes the following four levels: 1. Statistical method. Formulated by the NPC Standing Committee, such as the Statistics Law, which was promulgated in 1983 and revised twice in 1996 and 2009. 2. Statistical management regulations. Detailed Rules for the Implementation of the Statistics Law of the People's Republic of China and the Regulations of People's Republic of China (PRC) Customs Statistics formulated by the State Council. As of 2011September 17, there were 29 pieces. 3. Local statistical laws and regulations. Formulated by the corresponding local people's congresses or their standing committees with local legislative power, such as the Measures for the Implementation of Xizang Autonomous Region, the Regulations on the Supervision and Administration of Statistical Work in Zhejiang Province, the Regulations on Statistics of Zibo City, and the Regulations on Statistics of Shenzhen Special Economic Zone. , as of March 30th, 20 15 1 piece. 4. Various statistical regulations. Formulated by the ministries and commissions of the State Council and the corresponding local people's governments with local legislative power. The former, such as "Regulations on Punishment of Statistical Violations of Law and Discipline" and "Measures for Statistical Management of Securities and Futures Markets", totaled 1 313,438+02 as of June, 1965. The latter are, for example, Regulations on Punishment of Statistical Violations in Zhejiang Province, Measures for the Administration of Statistics in Ningbo, Measures for the Administration of Statistical Agents in Shenzhen, and Measures for the Administration of Statistics in Ningxia Hui Autonomous Region. By 20 1 1 year and1February, there were 65 pieces. [1] As far as legislative sources are concerned, China's statistical legislation is basically complete. Based on the administrative functions of the existing administrative departments and in accordance with the requirements of the national legislative system, various laws and regulations related to the functions of a government department are organically combined to form a compound departmental law system composed of four-level normative legal documents. Its diverse legislative bodies include ministries and commissions in the NPC Standing Committee, the State Council and the State Council, corresponding local people's congresses or their standing committees with local legislative power, and corresponding local people's governments.
(2) Statistical legal liability clauses.
Statistical illegal behavior refers to the behavior that Chinese citizens and all kinds of legal persons should be punished for not observing statistical laws and regulations, failing to perform and performing their obligations incorrectly when participating in or participating in statistical activities. [2] Because of degree and affection