On 2026-09-09, the National Development and Reform Commission (国家发展改革委) published the release titled 《法治护航民营经济 |《民营经济促进法》典型案例视频（16）：依法监督过罚不当行政处罚，规范涉企行政执法》. source The publication spotlights a case in which the 河南省邓州市人民检察院 identified an administrative penalty of CNY 80,000 imposed on a building materials company as excessive and, after a public hearing, issued a procuratorial suggestion that led the market supervision administration to revoke the original fine and reissue a CNY 20,000 penalty. source The National Development and Reform Commission presents the case as an interpretation of Articles 51 and 66 of the 《民营经济促进法》 and as guidance for standardizing administrative law enforcement involving enterprises. source
Who is affected
Private enterprises operating in China that are subject to administrative enforcement, penalties, or inspections—together with in-house legal and compliance teams—should note this development, because the case demonstrates the availability of procuratorial supervision to challenge disproportionate fines and clarifies how regulators should apply the "过罚相当" principle. source
What to do
Review existing and pending administrative penalties for proportionality under the "过罚相当" principle, ensuring that mitigating circumstances such as prompt remediation and lack of harm are fully documented and presented to the authorities. source
Where a penalty appears excessive, consider whether to engage with procuratorial authorities through administrative non-litigation execution supervision channels, as illustrated by the 河南省邓州市人民检察院's intervention in the featured case. source
Monitor subsequent publications in the National Development and Reform Commission's 《民营经济促进法》典型 case series for further guidance on permissible enforcement practices and penalty benchmarks. source
Key dates
2026-09-09 – The National Development and Reform Commission publishes 《法治护航民营经济 |《民营经济促进法》典型案例视频（16）：依法监督过罚不当行政处罚，规范涉企行政执法》. source
2025-09-05 – The 邓州市人民检察院 issues a procuratorial suggestion to the market supervision administration regarding the excessive penalty. source
2025-06 – The 邓州市人民检察院 initiates supervision and organizes a public hearing on the featured case. source
2020-07-10 – The market supervision administration originally imposes a CNY 80,000 fine on the building materials company. source