slotsoffortune| Gas stations made more than 8 million yuan from cheating and fined up to 2000 yuan? netizens questioned

Source: Beijing Youth Daily

On May 16, on the eve of the International Metrology Day, the State Administration of Market Supervision and Administration held a press conference on the special action to comprehensively control cheating in tankers and announced the results of the special action over the past year.

A total of 1249 cheating cases of tankers were investigated and dealt with nationwide, with a total amount of 20% of the money involved.SlotsoffortuneThe amount of confiscation is 6. 2 million yuan.Slotsoffortune9.7 billion yuanSlotsoffortuneInvestigate and punish taxes and fees, charge late fees, and impose a fine of 1.961 billion yuan; 84 criminal cases were put on file to crack down on 84 cases and 200 people were detained, effectively standardizing the order of the retail market of oil products.

Recently, the reporter noticed that some cases of the special action to comprehensively control cheating on tankers aroused heated discussion among netizens: "the illegal income is more than 8.63 million yuan, and the fine is only 2000 yuan. Is it missing the word 'ten thousand'?"

Gas stations cheat and make millions of yuan illegally.

The fine is only 2000 yuan.

The reporter noticed that in case 1, an oil limited liability company in Baotou City, Inner Mongolia Autonomous region, was found in the closet interlayer of the staff lounge in the backyard of a gas station. there are suspected computer equipment with the function of artificially interfering with the amount of fuel paid and the installed "Beilin gas station management system" software. By installing equipment, the parties use the software "IC Card preferential level definition" function to control the indication error to reduce the amount of fuel paid, reduce the cumulative amount of fuel on the tanker motherboard and pay less tax.

It has been found out that the sales amount of the parties during the period from March 5, 2022 to May 17, 2023 is 9677598.76 yuan, and the "IC Card preference level definition" function has been operated for 1221 times. The law enforcement personnel of the Inner Mongolia Autonomous region Market Supervision Bureau and Baotou Market Supervision Bureau imposed administrative penalties on the gas station in accordance with the law: confiscating four fuel tankers involved in the case, confiscating illegal gains of 8638144.8 yuan, and fining 2000 yuan.

In another case, computer equipment and software suspected of artificially interfering with the amount of fuel paid were found in the business hall of a gas station in Chengyang District, Qingdao City, Shandong Province.

It has been found out that the parties began to use the software cheating function module on August 1, 2023, and the case occurred on October 12, 2023. The sales amount after deducting the tax paid by the parties is 3.2079 million yuan, that is, the illegal income of this case. The Qingdao Market Regulatory Bureau of Shandong Province imposed administrative penalties on the gas station in accordance with the law: confiscating four fuel tankers involved in the case, confiscating illegal gains of 3207965.68 yuan, and fining 2000 yuan.

Many cases of tanker cheating have been published in many places.

In addition, the reporter noted that there have been many cases of cheating on tankers before. In April 2023, the law enforcement personnel of the Market Supervision Administration of Loudi City, Hunan Province, jointly with the public security organs, carried out law enforcement inspection on the parties concerned.

After investigation, the parties made changes to the tanker metering motherboard without authorization since February 2023, and started the cheating procedure, resulting in illegal gains of more than 320000 yuan. Loudi Municipal Administration of Market Supervision imposed administrative penalties on the parties concerned in accordance with the law: confiscating the metering main board involved in the case, confiscating more than 320000 yuan of illegal income, and fining 2000 yuan.

Is the amount of fine low?

Official response to relevant questions

In the face of a huge amount of illegal income and a relatively small amount of fine, some netizens question whether the amount of fine is low.

On the afternoon of 22 May, a staff member of the Loudi Municipal Bureau of Market Supervision and Administration told reporters that in the three cases announced, the fine and confiscation went together, confiscating more than 372000 yuan, 322000 yuan, and 141000 yuan into the state treasury, respectively. The illegal cost of the parties can be said to be very heavy. Among them, a fine of 2000 yuan is already a top fine. The punishment is mainly based on Article 46 of the detailed rules for the implementation of the Metrology Law of the people's Republic of China, "whoever uses substandard measuring instruments or destroys the accuracy of measuring instruments and falsifies data, thereby causing losses to the state and consumers, shall be ordered to compensate for the losses." the measuring instruments and all illegal gains shall be confiscated and a fine of not more than 2000 yuan may be imposed concurrently.

[media comments]

For "stealing oil" from a gas station, the maximum fine is two thousand?

In response, thepaper.cn commented that:

If we look at those gas stations which are mercenary and cannot be seen, the illegal proceeds of "stealing oil" can easily be as high as hundreds of thousands of yuan or millions of yuan. This means that cheating is up to thousands of times, a large number of consumers have been infringed, and some consumers may be deceived for a long time, and its social harmfulness is self-evident. However, the administrative fine is only 2000 yuan, so it is difficult to embody the administrative penalty principle of "consistent over-punishment".

China's Administrative punishment Law clearly stipulates that "the establishment and implementation of administrative punishment must be based on facts, which is equal to the facts, nature, circumstances and social harm of illegal acts." Impose a small number of fines, in reality, it is very difficult to rein in lawbreakers who are tempted by huge interests, and it is also difficult to protect the legitimate rights and interests of consumers.

The purpose of legislation is nothing more than to deprive the actor of his illegal ability and increase his illegal cost, so as to produce the effect of education and deterrence, and avoidSlotsoffortuneWhen they commit crimes again and again, they trample on the red line of the law. At today's socio-economic level, $2000 is not a large sum for individuals or families, and $2000 is a drop in the bucket for illegal gas stations with huge profits.

As a matter of fact, the case of cheating on tankers is only a microcosm of today's measurement cheating. Many years ago, the media reported the problem of "seven-two scales" in the seafood market. Recently, many "ghost scales" incidents have been exposed in various places. These market chaos have complex causes, but the penalties stipulated in the Metrology Law are relatively light, which may also make some vendors have nothing to fear.

Standardizing measurement legislation is not only to "unify weights and measures", but also to safeguard the interests of the country and the people. In the face of the phenomenon that lawbreakers make a fuss on measuring instruments and wantonly infringe upon the rights and interests of consumers, it is necessary to repair measurement laws and regulations, appropriately adjust the range of fines, and increase illegal costs, so as to effectively curb the breeding of chaos.

Of course, administrative punishment is only one of the means of governance, and the regulatory authorities might as well strengthen the "convergence of execution" and intensify the crackdown on some cases with bad illegal circumstances and serious illegal consequences. It has been revealed that 84 cases of cheating on tankers have been filed in the past year, and 200 people have been criminally detained, effectively standardizing the retail market order of oil products.

At present, the General Administration of Market Supervision has indicated that it will actively promote the revision of the Metrology Law together with the Ministry of Justice, increase the punishment for cheating in the use of measuring instruments, and strengthen the rigid restraint of the law. It is expected that the Metrology Law can keep pace with the times, keep up with public expectations, and better maintain market fairness and deter crimes.

What do you think about this?

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