A massage therapy shop in Yibin, Sichuan Province, was fined 100,000 yuan by the local health bureau for providing acupuncture, bloodletting, cupping, and other therapy services to customers without official authorization and making a profit of 128 yuan. This incident gained attention on Baidu’s hot search list on July 19 and sparked discussions among netizens.
The therapy shop was deemed to be practicing illegal medicine by the Cui Ping District Health Bureau of Yibin City for providing acupuncture, bloodletting, and cupping services without a license, leading to the seizure of the 128 yuan income and a fine of 50,000 yuan. Subsequently, the shop owner was fined an additional 50,000 yuan for failing to pay the initial penalty on time.
The shop owner, Weng Shungeng, expressed discontent with the penalty decision, believing that the fine was disproportionately high compared to the income, and therefore unfair and unreasonable. As a result, he filed an administrative lawsuit against the ruling.
In the initial trial, Weng Shungeng lost the case. He then submitted an application for a retrial, arguing for a review of the procedures.
On July 16, Weng Shungeng revealed to the media that the retrial hearing for the case took place at the Yibin Intermediate Court on July 15, with no outcome reached yet.
Weng Shungeng argued in the retrial application that the amount deemed as income from the “illegal medical practice” by law enforcement, which was 128 yuan, also included the value of other legitimate massage services. The final fine of 100,000 yuan imposed was 781 times the profit of 128 yuan, indicating a clear case of excessive and improper punishment.
In response, the Cui Ping District Health Bureau of Yibin City stated that the penalty was legally justified, and there was no situation of “excessive punishment.”
Instances of the Chinese Communist Party’s administrative enforcement agencies applying “excessive punishment for minor offenses” have been frequently observed in recent years, prompting public attention and discussions.
On the same day, July 19, a restaurant in Siming District, Xiamen, was fined 1 million yuan by the Siming District Market Supervision Administration for offering rebates to taxi drivers to attract customers, which also became a trending topic on Baidu.
The Chinese authorities themselves have acknowledged that such practices of “excessive punishment for minor offenses” do not align with the spirit of the law.
On July 8, Deputy Chief Procurator of the Supreme People’s Procuratorate, Zhang Xueqiao, commented on the issue of “excessive punishment for minor offenses,” stating that in practice, imposing high fines on small vendors, small businesses, and micro-enterprises for administrative violations goes against the principle of “proportional punishment.” It not only contradicts the spirit of the law but also fails to meet the requirements of fairness and justice.
Many netizens have voiced their opinions on the 100,000 yuan fine imposed on the massage therapy shop.
Some netizens believe that exchanging a profit of 128 yuan for a fine of 100,000 yuan is simply an “exorbitant” penalty! Is such an extreme punishment proportionate and fair? Shouldn’t the law embody justice and balance?
Others question whether the enforcement standards are too harsh in this case. Responding to minor initial violations with fines that are several times or even hundreds of times the amount, can this truly promote social harmony and justice?
Netizen “Shengyong’an 0F9” remarked: “Being fined 100,000 for earning only 128 yuan, isn’t this penalty too harsh? How can small businesses withstand such fines!”
“One Hundred Ways” asked: “How are mixed cooking oils punished?”
Netizen “uuyyttp” raised doubts about the Cui Ping District Health Bureau’s designation of “illegal medical practice,” stating, “Medical practice? Why do I feel it’s just health care!”