Special Action Plan for the Implementation of "Four Strictest" Requirements for Food and Drug Safety by Procuratorate Organs, Market Regulators and Medical Products Regulators Nationwide
Special Action Plan for the Implementation of "Four Strictest" Requirements for Food and Drug Safety by Procuratorate Organs, Market Regulators and Medical Products Regulators Nationwide
Special Action Plan for the Implementation of "Four Strictest" Requirements for Food and Drug Safety by Procuratorate Organs, Market Regulators and Medical Products Regulators Nationwide
October 17, 2019
In order to thoroughly implement General Secretary Xi Jinping's "Four Strictest" requirements (i.e. the strictest standards, strictest regulation, strictest punishment and strictest accountability) for food and drug safety and the relevant decisions and deployments of the Central Committee of the Communist Party of China, the Supreme People's Procuratorate, the State Administration for Market Regulation and the National Medical Products Administration have decided to jointly undertake the special action for the implementation of the "Four Strictest" requirements for food and drug safety by procuratorial organs, market regulators and medical products regulators nationwide from September 2019 to December 2020. The following work plan is hereby formulated.
I. Work Objectives
1. Put "strictness" first, and form strong deterrence. Procuratorial organs shall fully perform their functions such as review of arrest, review of prosecution and lodging of protest against court judgments, swiftly handle according to law a number of cases of crimes endangering food and drug safety, and severely punish a number of criminals; and fully perform the procuratorial function of civil public interest litigation, explore and establish a punitive compensation system for civil public interest litigation in the field of food and drug safety according to authorization, increase the cost of breaking the law for violators, and make those who break the law and commit crimes pay prices which they cannot afford. Market regulators and medical products regulators shall investigate and handle administrative illegal cases endangering food and drug safety strictly and quickly according to law. All parties suspected of crimes shall be transferred to public security and judicial organs for investigation of criminal responsibility, so as to maintain a posture of severe crackdown and high pressure on food and drug safety violations.
2. Undertake precise supervision, and form joint forces. Procuratorial organs shall strengthen the supervision of case filing, promote the effective solution to such problems as failure to transfer cases where they exist, failure to file cases where they exist, and replacement of criminal punishment with fines, promote the implementation and perfection of the mechanism for connection between administrative law enforcement and criminal justice, give play to the supervisory function of case filing, and push forward public security organs to exercise the power of investigation according to law; strengthen the supervision of administrative litigation, especially the supervision of administrative non-litigation execution, supervise the timely implementation of administrative decisions and promote administrative organs to administer according to law and people's courts to uphold judicial justice; and strengthen administrative public interest litigation, urge relevant administrative organs to perform their regulatory duties according to law, and ensure the uniform and correct implementation of laws and regulations on food and drug safety. Market regulators and medical products regulators shall adhere to their respective safeguard responsibilities, fully perform their duties and responsibilities, improve systems, strictly implement their responsibilities of territorial management, strengthen contact and cooperation with judicial organs, strengthen the guidance, coordination, supervision and inspection of regulators at lower levels, form cooperation between internal and external parties and joint forces between regulators at lower and higher levels, and ensure the effective implementation of the "Four Strictest" requirements.
3. Transfer clues, and dig deep into what are behind the scenes. In handling cases, procuratorial organs shall pay attention to finding and transferring a number of clues to job-related crimes and violations and crimes involving gangs, and eliminate the breeding ground of crimes. Market regulators and medical products regulators shall give full play to the advantages of their market regulatory functions, take the initiative to act, investigate whatever cases that exist, verify whatever cases that exist, carefully sort out and transfer according to law clues to violations and crimes involving gangs which are found from tip-offs, complaints and in the handling of cases, and promote and further advance the special campaign to crack down on gangs.
4. Close loopholes, establish regulations and prevent violations and crimes. By formulating and issuing procuratorial suggestions, procuratorial organs shall actively participate in social governance, effectively promote administration according to law and promptly close loopholes in system management. Market regulators and medical products regulators shall strictly implement the Administrative Punishment Law, the Interim Provisions on Procedures of Market Regulators for Administrative Punishment, and other laws, regulations and rules, regulate the handling of cases, unify the benchmarks of discretion, improve law enforcement equipment, prevent case handling risks, and continuously perfect the management system of case investigation and handling.
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October 17, 2019
In order to thoroughly implement General Secretary Xi Jinping's "Four Strictest" requirements (i.e. the strictest standards, strictest regulation, strictest punishment and strictest accountability) for food and drug safety and the relevant decisions and deployments of the Central Committee of the Communist Party of China, the Supreme People's Procuratorate, the State Administration for Market Regulation and the National Medical Products Administration have decided to jointly undertake the special action for the implementation of the "Four Strictest" requirements for food and drug safety by procuratorial organs, market regulators and medical products regulators nationwide from September 2019 to December 2020. The following work plan is hereby formulated.
I. Work Objectives
1. Put "strictness" first, and form strong deterrence. Procuratorial organs shall fully perform their functions such as review of arrest, review of prosecution and lodging of protest against court judgments, swiftly handle according to law a number of cases of crimes endangering food and drug safety, and severely punish a number of criminals; and fully perform the procuratorial function of civil public interest litigation, explore and establish a punitive compensation system for civil public interest litigation in the field of food and drug safety according to authorization, increase the cost of breaking the law for violators, and make those who break the law and commit crimes pay prices which they cannot afford. Market regulators and medical products regulators shall investigate and handle administrative illegal cases endangering food and drug safety strictly and quickly according to law. All parties suspected of crimes shall be transferred to public security and judicial organs for investigation of criminal responsibility, so as to maintain a posture of severe crackdown and high pressure on food and drug safety violations.
2. Undertake precise supervision, and form joint forces. Procuratorial organs shall strengthen the supervision of case filing, promote the effective solution to such problems as failure to transfer cases where they exist, failure to file cases where they exist, and replacement of criminal punishment with fines, promote the implementation and perfection of the mechanism for connection between administrative law enforcement and criminal justice, give play to the supervisory function of case filing, and push forward public security organs to exercise the power of investigation according to law; strengthen the supervision of administrative litigation, especially the supervision of administrative non-litigation execution, supervise the timely implementation of administrative decisions and promote administrative organs to administer according to law and people's courts to uphold judicial justice; and strengthen administrative public interest litigation, urge relevant administrative organs to perform their regulatory duties according to law, and ensure the uniform and correct implementation of laws and regulations on food and drug safety. Market regulators and medical products regulators shall adhere to their respective safeguard responsibilities, fully perform their duties and responsibilities, improve systems, strictly implement their responsibilities of territorial management, strengthen contact and cooperation with judicial organs, strengthen the guidance, coordination, supervision and inspection of regulators at lower levels, form cooperation between internal and external parties and joint forces between regulators at lower and higher levels, and ensure the effective implementation of the "Four Strictest" requirements.
3. Transfer clues, and dig deep into what are behind the scenes. In handling cases, procuratorial organs shall pay attention to finding and transferring a number of clues to job-related crimes and violations and crimes involving gangs, and eliminate the breeding ground of crimes. Market regulators and medical products regulators shall give full play to the advantages of their market regulatory functions, take the initiative to act, investigate whatever cases that exist, verify whatever cases that exist, carefully sort out and transfer according to law clues to violations and crimes involving gangs which are found from tip-offs, complaints and in the handling of cases, and promote and further advance the special campaign to crack down on gangs.
4. Close loopholes, establish regulations and prevent violations and crimes. By formulating and issuing procuratorial suggestions, procuratorial organs shall actively participate in social governance, effectively promote administration according to law and promptly close loopholes in system management. Market regulators and medical products regulators shall strictly implement the Administrative Punishment Law, the Interim Provisions on Procedures of Market Regulators for Administrative Punishment, and other laws, regulations and rules, regulate the handling of cases, unify the benchmarks of discretion, improve law enforcement equipment, prevent case handling risks, and continuously perfect the management system of case investigation and handling.
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