Delimit the order of basic discretion according to practice

　　The "Benchmark" adheres to the principles of the formulation of the administrative penalty discretion benchmark for drugs and medical devices in Beijing, and classifies all kinds of illegal behaviors in the field of cosmetics into three basic discretion grades of A, B and C according to social harm。Among them, "the illegal act itself is seriously harmful to society" corresponds to file A, "the illegal act itself is generally harmful to society" corresponds to file B, and "the illegal act itself is slightly harmful to society" corresponds to file C。

　　The person in charge of the law and regulations department of the Beijing Municipal Drug Administration gives an example，Illegal addition of substances to cosmetics that may harm human health，According to Article 59 (3) of the Regulations on the Supervision and Administration of Cosmetics，The value of cosmetics illegally produced and operated is less than 10,000 yuan，A fine of not less than 50,000 yuan but not more than 150,000 yuan shall be imposed;The value of the goods is more than 10,000 yuan，A fine of between 15 and 30 times the value of the goods shall be imposed。So, between 50,000 yuan and 150,000 yuan, between 15 times and 30 times, how do grassroots law enforcement officers decide？

　　The "Benchmark" is based on four different circumstances of punishment discretion: mitigation, light, general and heavy，The specified value of the goods is less than 10,000 yuan，It is divided into four basic discretion levels of "0-50,000 yuan fine", "50,000 yuan (including) ~ 80,000 yuan fine", "80,000 yuan (including) ~ 120,000 yuan (including) fine" and "120,000 yuan ~ 150,000 yuan (including) fine"。If the value of the goods is more than 10,000 yuan, it is divided into "0~15 times the value of the goods" and "15 times the value of the goods (including) ~19.5 times the fine "" The value of the goods amount 19.5倍（含）~25.5 times (including) penalty "" Goods value amount 25.5 times to 30 times (including) penalty "four basic discretion levels。

　　If you illegally add "serious circumstances"，According to Article 59 (3) of the Regulations on the Supervision and Administration of Cosmetics，An order to stop production or business shall be cancelled by the recordkeeping department or the original license-issuing department shall revoke the cosmetic license，Within 10 years, it is not allowed to handle the record of cosmetics or accept the application for administrative license of cosmetics，The legal representative or the principal person in charge, the person directly in charge and other persons directly responsible for the violation of the law shall be fined not less than three times but not more than five times the income obtained from the unit in the previous year，It shall be banned from engaging in cosmetics production and business activities for life;criminal，Criminal responsibility shall be investigated according to law。

　　The "Benchmark" will be "serious circumstances" according to three different punishment discretion circumstances of light, general and heavy, divided into light "personnel: 3 times (including) more than the income obtained from the unit in the previous year.A fine of not more than six times ";General "Personnel: income received from the unit in the previous year 3.6 times (inclusive) more than 4.A fine of up to 4 times (inclusive) ";"Heavy" personnel: income obtained from the unit in the previous year 4.More than 4 times and less than 5 times (including) the fine "three basic discretionary orders。

　　The person in charge also cited a common illegal case encountered in grassroots law enforcement, that is, cosmetics operators, beauty salons, hotels and other business deterioration, beyond the use of cosmetics。According to the Regulations on Supervision and Administration of Cosmetics，The penalty range is "illegal production and operation of cosmetics value of less than 10,000 yuan.，A fine of not less than 10,000 yuan but not more than 50,000 yuan shall be imposed;The value of the goods is more than 10,000 yuan，A fine of not less than 5 times but not more than 20 times the value of the goods;serious，An order to stop production or business shall be cancelled by the recordkeeping department or the original license-issuing department shall revoke the cosmetic license，The legal representative or the main person in charge, the person in charge directly responsible for the violation and other persons directly responsible shall be fined not less than one and not more than three times the income they obtained from the unit in the previous year."。

　　According to the "benchmark" in accordance with the four different penalty discretion circumstances, the value of the goods is less than 10,000 yuan, and it is divided into "0-10,000 yuan fine" and "10,000 yuan (including) ~2 yuan..20,000 yuan fine "" 2.20,000 Yuan (including) ~3.80,000 yuan (including) fine "" 3.80,000 yuan to 50,000 yuan (including) fine "four basic discretionary orders。If the value of the goods is more than 10,000 yuan, it is divided into "0~5 times the value of the goods" and "5 times the value of the goods (including) ~9.5 times the fine "" The value of the goods amount 9.5倍（含）~15.5 times (including) penalty "" Value of goods amount 15.Five to 20 times (including) penalty "four basic discretion levels。If the circumstances are serious, the corresponding punishment shall be imposed according to three different circumstances of punishment discretion: light, general and severe。

　　Clarify 44 punishment methods for violations of the law

　　According to the reporter's statistics, in the "Benchmark", A total of 26 illegal acts belong to the basic discretion A file, 15 illegal acts belong to the basic discretion B file, and 3 illegal acts belong to the basic discretion C file。The above 44 kinds of violations can be found in the "benchmark" detailed "punishment formula"。

　　There are 26 illegal acts in file A, such as engaging in cosmetics production activities without permission, cosmetics registrants and recordholders entrustingenterprises that have not obtained corresponding cosmetics production licenses to produce cosmetics, producing, operating or importing unregistered special cosmetics, and using raw materials prohibited for cosmetics production。

　　File B contains ordinary cosmetics that have not been listed for sale, operation or import，The quality and safety responsible person is not set up in accordance with the Regulations on the Supervision and Administration of Cosmetics，The registrant and recordholder of cosmetics do not supervise the production activities of the entrusted production enterprises，Failure to establish and implement a health management system for practitioners in accordance with the Regulations on the Supervision and Administration of Cosmetics，Production and operation labels do not comply with the provisions of the Regulations on the Supervision and Administration of cosmetics and other 15 illegal acts。

　　There are three illegal acts in file C: cosmetics manufacturers and operators recruiting and employing personnel who are not allowed to engage in cosmetics production and operation, and cosmetics inspection institutions recruiting and employing personnel who are not allowed to engage in cosmetic inspection。

　　In addition, according to the provisions of Article 73 of the Regulations on the Supervision and Administration of Cosmetics, those who are ordered to stop production and suspend business until the qualification certificate of the cosmetic inspection institution is revoked are no longer divided into basic discretion orders。