国家发展改革委 (National Development and Reform Commission)
Document type
statute
Publication date
2026-09-09
What happened
On 9 September 2026, the National Development and Reform Commission (国家发展改革委) published 《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》 as part of its series promoting the implementation of the Private Economy Promotion Law. source The sixteenth typical-case video features a Henan prosecutorial supervision case in which an administrative penalty against a private building-materials company was found to be excessive and was subsequently reduced after a public hearing and prosecutorial recommendation. source The case demonstrates the application of Articles 51 and 66 of the Private Economy Promotion Law, reinforcing that administrative sanctions against enterprises must adhere to the principle of proportionality between penalty and offence. source
Who is affected
Private enterprises and other market participants operating in China that are subject to administrative enforcement, penalty and supervision by central and local agencies are directly affected, particularly those in sectors facing market-supervision inspections. source In-house compliance and legal teams monitoring central-level guidance on proportionate administrative sanctions and prosecutorial oversight mechanisms under the Private Economy Promotion Law should also take note of this development. source
What to do
Audit internal compliance protocols and document all remedial steps taken during regulatory inspections to support proportionality arguments if penalties are imposed.
Monitor local prosecutorial practice for the use of public hearings and prosecutorial recommendations to correct disproportionate administrative fines against enterprises.
Train operations and legal teams on the principle of proportionality under the Private Economy Promotion Law when engaging with administrative enforcement agencies.
Review pending or historical administrative penalty matters to assess whether the factual circumstances support arguments for mitigation or reduction based on the precedent highlighted by the NDRC.
Key dates
2026-09-09: Publication date of the NDRC typical-case video. source
2020-06-03: Date of the market-supervision inspection at issue in the featured case. source
2020-07-10: Date of the original administrative penalty decision. source
June 2025: Date when the Dengzhou City People’s Procuratorate initiated supervisory proceedings. source
2025-09-05: Date when the prosecutorial recommendation was issued to the market-supervision bureau. source