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The heads of the central government-run state affairs office and other relevant departments answered reporters' questions on the release of typical cases of food and drug supervision and law enforcement.

Release time: January 9, 2020

9 日,中央依法治国办联合最高人民法院、最高人民检察院、公安部、市场监管总局、国家药监局发布 15 件食药监管执法司法典型案例。 On January 9 , the central government-run state office in accordance with the law, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the General Administration of Market Supervision, and the State Drug Administration issued 15 typical judicial cases of food and drug supervision and enforcement. A few days ago, the head of the relevant department answered reporters' questions on typical cases and the work of the department.

Question: Why jointly release typical cases of food and drug supervision and enforcement of justice? What are the characteristics of the typical cases released this time, and which areas are covered specifically?

Answer: The Party Central Committee and the State Council attach great importance to food and drug safety issues. General Secretary Xi Jinping has issued important instructions on strengthening food and drug safety work many times. The "Decision" of the Fourth Plenary Session of the 19th CPC Central Committee clearly proposed to strengthen and improve the food and drug safety supervision system to ensure people's health and life safety. The Central State Affairs Office in accordance with the law, in conjunction with the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the General Administration of Market Supervision, and the State Drug Administration, released typical cases of law enforcement in food and drug supervision. The important measures in the spirit of the Fourth Plenary Session of the 19th Central Committee of the CPC Central Committee are of great significance to promote the improvement of the law enforcement level of food and drug supervision and administration in all regions and departments, and increase the sense of gain, happiness, and security of the people. At the same time, by publishing typical cases, give full play to the guiding and normative functions of law enforcement and justice, and provide examples and guidance for severely punishing violations of food and drug safety in accordance with the law.

3 件案例,共发布 15 件典型案例。 The Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the General Administration of Market Supervision, and the State Administration of Drug Administration each provided three cases and released a total of 15 typical cases. 15 件案例均为 2018 年以来查办的案件,其中 2018 3 件, 2019 12 件,更好凸显了党的十九大以来执法司法机关打击食药领域违法犯罪行为的显著成效。 Case selection adheres to professionalism, and priority is given to cases that are typical, representative, and closely related to the immediate interests of the masses. At the same time, novelty is taken into consideration. All 15 cases are investigated since 2018 , of which 3 were in 2018 and 2019 . Twelve cases better highlight the remarkable results of law enforcement and judicial authorities in cracking down on illegal and criminal acts in the field of food and drugs since the 19th CPC National Congress. 件案例中 8 件为食品监管领域案例, 7 件为药品监管领域案例,其中既有发生在人民群众身边的假冒坚果、含铝泡打粉包子等案件,也有总涉案金额数亿元的重大案件;既有利用传销手段销售假药坑害老年人等传统类型案件,也有利用微信、微博等互联网手段实施违法行为的新型案件;既有生产、销售假酒、假药等典型案件,能够对犯罪分子起到强烈震慑警示作用,也有执法司法机关密切配合、行政执法与刑事司法衔接机制充分发挥作用、使用公益诉讼手段保护人民群众利益的案件,能够为今后执法司法机关有力打击食药违法犯罪行为起到积极示范作用。 Of the 15 cases, 8 were in the food supervision field and 7 were in the drug supervision field. Among them, there were cases of counterfeit nuts and aluminum-containing baking powder buns that occurred near the people, and there were also major cases involving a total amount of several hundred million yuan. ; There are both traditional types of cases that use fake pyramid schemes to sell fake drugs to harm the elderly, and new types of cases that use WeChat, Weibo, and other Internet means to commit illegal acts. There are already typical cases such as production and sales of fake wine and fake drugs, which can The elements play a strong deterrent warning role, and there are cases in which law enforcement and judicial authorities cooperate closely, administrative law enforcement and criminal justice linkage mechanisms play a full role, and public interest lawsuits are used to protect the interests of the people, which can effectively combat law enforcement and judicial crimes in the future. Play a positive role in demonstration.

2019 年,中央依法治国办为提高各地区食药监管执法司法水平,开展了哪些工作,取得了什么成效? Question: In 2019 , what work did the Central Office of the State Council for Governing the State Administration according to the law carry out to improve the judicial level of food and drug supervision and enforcement in various regions, and what results have been achieved?

2019 年工作安排,中央依法治国办组织开展食药监管执法司法专项督察。 Answer: In order to thoroughly implement the spirit of General Secretary Jinping ’s important instructions on food and drug safety and the relevant decision-making arrangements of the Party Central Committee, according to the 2019 work schedule of the Central Committee for the Management of the State by Law , the Central Office for the Management of the State by Law organizes special judicial supervision of food and drug supervision and enforcement. 10 日至 4 24 日,中央依法治国办会同中央政法委、最高人民法院、最高人民检察院、公安部、司法部、市场监管总局、国家药监局等 13 个部门,组成 5 个督察组,赴辽宁、福建、河南、湖北、四川等地开展实地督察,并部署其他省份开展了全面自查。 From April 10th to April 24th , 13 departments including the Central Office for Governing the State According to Law, the Central Political and Legal Committee, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of Justice, the General Administration of Market Supervision, and the State Drug Administration formed 5 inspectors Group, went to Liaoning, Fujian, Henan, Hubei, Sichuan and other places to carry out on-site inspections, and deployed other provinces to conduct comprehensive self-inspections. In terms of inspections, since the 18th National Congress of the Party, all localities have carefully studied and implemented General Secretary Xi Jinping ’s important instructions on food and drug safety, promoted the implementation of the Party ’s central government ’s decision-making and deployment, and strengthened the political consciousness of food and drug safety. The supervision of drugs has been continuously strengthened, the crackdown on food and drug crimes has continued to increase, and the level of food and drug safety has gradually improved and steadily improved.

In response to the problems found during the inspection, the central government-run state affairs office insisted on rigorous implementation of rectification, and continued to follow up on the results. 5 个被督察省份进行现场反馈,重点指出被督察省份突出问题,并提出明确的工作建议和整改要求。 Provide on-site feedback to the five inspected provinces, highlight the prominent issues of the inspected provinces, and put forward clear work recommendations and rectification requirements. All localities have taken solid and effective measures to carry out rectification of problems. The first is to compact the responsibility for rectification. Make rectification measures item by item according to the problem, clarify the responsible department, person in charge, and completion time limit, and compact and rectify the responsibility for rectification. The second is to pay close attention to the implementation of responsibilities. Highlight dynamic management, account cancellation and cancellation, and establish working mechanisms such as leadership, listing supervision, and regular reporting to advance rectification of problems one by one. The third is to vigorously promote rectification. Deployed a food safety inspection at the opening school in autumn to promote rectification of key issues; set up a public security food and drug case investigation team to improve the level of supervision; integrated a complaint hotline, and established an online reporting platform to guide public participation.

In order to further promote the top-level design of the food and drug supervision legal system at the central level, the central government-run state office in conjunction with relevant departments detailed the tasks clearly defined after the inspection, and formed the follow-up task of "The central administration of the state-run food and drug supervision law enforcement judicial inspection follow-up task implementation" Checklist. The list covers all aspects of integrated legislation, chain-based law enforcement, collaborative justice, and normalized law popularization, including research and promotion of the establishment of a standard system for the food and drug industry, the provision of a strong and powerful supervision and enforcement force for food and drugs, and the improvement of food and drug related judicial identification systems, Specific measures such as increasing the investigation and punishment of false publicity advertisements have an important role in further urging all regions and departments to comprehensively improve the judicial level of food and drug supervision and enforcement. At present, the tasks in the list are progressing in a solid and orderly manner in accordance with the set goals. One of the important tasks is to announce to the society typical cases of law enforcement and judicial authorities cracking down on food and drug crimes.

2019 年,人民法院在充分发挥审判职能,依法严惩食药违法犯罪行为方面做了哪些工作,取得了什么成效? Question: In 2019 , what work has the People's Court done in giving full play to its judicial functions and severely punishing illegal acts of food and drugs according to law, and what results have been achieved?

Answer: The first is to try cases in accordance with the law and severely and accurately crack down on various crimes against food and drug safety. 2019 11 月底,全国法院共审结生产、销售不符合安全标准的食品罪,生产、销售有毒、有害食品罪,生产、销售假药罪和生产、销售劣药罪一审刑事案件 5986 件,同期生效判决 8905 人。 As of the end of November 2019 , courts across the country have concluded a total of 5,986 first-instance criminal cases concerning the crime of producing and selling food that does not meet safety standards, the crime of producing and selling toxic and harmful food, the crime of producing and selling counterfeit drugs, and the crime of producing and selling inferior drugs. Effective judgment was 8905 people. The second is to summarize trial experience and promote the standardization and professionalization of trial work. The Supreme People's Court has actively revised the Interpretation of Several Issues Concerning the Application of Laws in Handling Criminal Cases Endangering Food Safety, and strengthened its guidance on major and complex cases. People's courts at all levels have actively summarized trial experience, issued typical cases, and further standardized the law. Applicable, unified referee scale. The third is to extend the judicial function and play an active role in further promoting food and drug safety. Strengthen communication and coordination with relevant departments, work together to solve problems, improve the level of handling cases, plug management loopholes, and improve the supervision system; coordinate the implementation of prohibition orders and employment prohibitions to effectively prevent recidivism; use the case to vigorously develop food and drug safety Publicity and education activities.

2019 年,检察机关在保护食品药品安全方面采取了哪些工作举措,取得了什么成效? Q: In 2019 , what work measures did the procuratorial organs take to protect food and drug safety and what results have been achieved?

Answer: First, punish crimes severely. 1 月至 11 月,全国检察机关共批捕生产、销售伪劣商品犯罪案件 4529 7902 人,起诉 7532 14019 人,其中,以生产、销售假药罪,生产、销售劣药罪,生产、销售不符合安全标准的食品罪,生产、销售有毒、有害食品罪共批捕 2779 4510 人,起诉 5937 10012 人,建议行政执法机关移送涉嫌上述罪名案件 949 1084 人,监督公安机关立案 385 466 人。 From January to November 2019 , procuratorates across the country approved a total of 4,529 7,902 crimes in the production and sale of counterfeit and inferior goods , and prosecuted 7,532,14019 cases. Among them, the crime of producing and selling counterfeit drugs, the crime of producing and selling inferior drugs, The crime of selling food that does not meet safety standards, the arrest and production of toxic and harmful foods were approved for 2,779 cases, 4,510 people, 5,937 cases and 1,012 people were prosecuted , and administrative law enforcement agencies were suggested to transfer 949 suspected cases , including 1,084 people, and supervised public security agencies to file 385 cases. 466 people. The second is to focus on key tasks. 9 月,最高人民检察院、市场监管总局、国家药监局联合作出部署,自 2019 9 月至 2020 12 月在全国开展落实食品药品安全“四个最严”要求专项行动,以发生在校园及其周边、农村和城乡接合部等区域的案件、涉及婴幼儿食药的案件、网络违法犯罪案件等为打击重点,以点带面推动工作规模和效果整体提升。 In September 2019 , the Supreme People's Procuratorate, the General Administration of Market Supervision, and the State Administration of Drug Administration jointly deployed and carried out special actions to implement the "four strictest" requirements for food and drug safety across the country from September 2019 to December 2020. Cases in and around the campus, rural and urban-rural junctions, cases involving food and medicine for infants and young children, and cases of cyber-crime and other crimes will be the focus of the crackdown, and the overall scale and effectiveness of the work will be promoted in a point-by-point manner. The third is to promote public interest litigation. 2018 8 月至 2019 8 月开展了为期一年的“保障千家万户舌尖上的安全”检察公益诉讼专项监督活动。 From August 2018 to August 2019 , the Supreme People's Procuratorate launched a one-year special supervision activity on public welfare lawsuits for “guaranteeing security on the tongue of millions of households”. 61668 件,发出诉前检察建议 52291 件、提起诉讼 1083 件,法院一审已审结案件 612 件。 During the period, prosecutors across the country filed a total of 61,668 public interest lawsuits in the food and drug field , issued 52,291 pre- litigation prosecution suggestions , and filed 1,083 lawsuits . The court has concluded 612 cases of first instance . 70.62 万千克,假药、走私药品 2.9 万千克。 Procuratorial organs at all levels urged investigation and punishment through case handling, and recovered 706,200 kg of counterfeit and inferior food , and 29,000 kg of counterfeit and smuggled drugs . 18 万余家,纠正 12 万余家,近 6 万家不合格网络餐饮店铺被下线处理。 Aiming at the online food and beverage issue that the people are paying close attention to, with the market supervision department, a total of more than 180,000 online food and beverage problem merchants were found across the country , more than 120,000 were corrected , and nearly 60,000 unqualified online food and beverage stores were taken offline.

2019 年,公安机关在打击食药违法犯罪行为方面做了哪些工作,取得了什么成效? Question: In 2019 , what work did the public security organs do to combat food and drug crimes, and what results have been achieved?

Answer: The first is thematic deployment and launch of the "Kunlun" operation. 7 25 日,公安部在全国部署开展为期 5 个月的集中打击食药环犯罪“昆仑”行动。 On July 25 , 2019 , the Ministry of Public Security deployed a five -month "Kunlun" operation focused on combating food and drug ring crimes across the country . 1.32 万起,抓获犯罪嫌疑人 1.97 万名,捣毁“黑窝点”“黑作坊”“黑工厂” 6684 处,打掉黑恶团伙 45 个,总案值 159.78 亿元。 Since the launch of the special operation, public security agencies across the country have detected a total of 13,200 food and drug crimes , arrested 19,700 suspects , destroyed 6,684 "black dens", "black workshops" and "black factories" , and eliminated 45 evil gangs . The total case value is 15.978 billion yuan. The second is to strike hard and crack the case. Public security organs in various places have tried their best to solve the problems and successfully solved a number of major cases. 193 起,联合农业农村部、市场监管总局共同挂牌督办 7 起。 Among them, 193 major cases of food and drug crimes were supervised by the Ministry of Public Security , and 7 cases were jointly supervised by the Ministry of Agriculture and Rural Affairs and the State Administration of Market Supervision . The third is to work closely together to unite governance. 31% ,较之前翻了一番。 Public security organs work closely with relevant departments. In the joint rectification of food safety issues, the link between administrative law enforcement and criminal justice has been significantly strengthened. The administrative department's transfer of cases and transfer leads accounted for 31% , double the previous figure.

2019 年,市场监管部门在严厉打击食品安全违法行为方面做了哪些工作,取得了什么成效? Q: In 2019 , what did the market supervision department do in severely cracking down on food safety violations and what results have been achieved?

A: The first is to crack down on illegal activities. 年前三季度,各地共查处食品安全违法案件 13.7 万件,罚款 29.1 亿元,没收金额 2 亿元,吊销许可证 328 件,移送司法机关 1078 件。 In the first three quarters of 2019 , a total of 137,000 food safety violation cases were investigated and punished in various places , with a fine of 2.91 billion yuan, confiscation of 200 million yuan, 328 licenses being revoked , and 1,078 cases being transferred to judicial authorities . The second is to take the lead in joint operations. Under the guidance of the State Commission for Discipline Inspection of the Central Commission for Discipline Inspection, the General Administration of Market Supervision and the Ministry of Public Security took the lead in cooperating with the Ministry of Education, the Ministry of Agriculture and Rural Affairs and other departments throughout the country to implement joint actions to address food safety issues. 2019 11 30 日,各地市场监管部门查处食品安全违法案件 8.6 万件,罚款 9.3 亿元,责令停产停业 2604 户,吊销许可证 173 件,从业资格限制 312 人。 As of November 30 , 2019 , local market supervision authorities have investigated and dealt with 86,000 food safety violation cases , imposed a fine of 930 million yuan, ordered 2604 households to suspend production and business operations , revoked 173 licenses , and restricted 312 employees. 10 个省召开违法食品公开销毁现场会,集中销毁违法食品 300 余种 540 吨。 In the joint action, the General Administration of Market Supervision, together with the Ministry of Public Security and the Ministry of Agriculture and Rural Affairs , held on-site meetings for the public destruction of illegal foods in 10 provinces including Hebei and Anhui , and focused on the destruction of more than 300 540 tons of illegal foods . The third is to establish a sound long-term mechanism. Establish a case inspection and supervision work mechanism. According to the nature and degree of influence of illegal acts, the case is divided into three levels: the General Administration's organization of investigation and handling, listing supervision and supervision, and strengthened the guidance and supervision of local case investigations.

2019 年,药品监管部门在加强药品相关领域安全方面做了哪些工作,取得了什么成效? Q: In 2019 , what did the drug regulatory authorities do to strengthen the safety of drug-related fields, and what results have been achieved?

Answer: The first is to focus on building regulations. 2019 12 1 日正式实施。 The regulatory framework was basically established, and the newly revised Drug Administration Law and Vaccine Administration Law were formally implemented on December 1 , 2019 . The "Administrative Measures for Imported Medicinal Materials" was formulated and promulgated to accelerate the process of formulating and revising regulations on drug registration management, production supervision and management, and operation supervision and management. 2020 年版药典编制,开展国家药品标准清理;审核发布医疗器械国家标准 4 项、行业标准 72 项,开展强制性标准整合精简;组织开展 28 项化妆品技术规范制修订相关工作,发布实施 12 项检验方法。 The standard system is more rigorous, basically compiling the 2020 Pharmacopoeia, and conducting national drug standard clean-up; reviewing and issuing 4 national standards for medical devices and 72 industry standards , and carrying out the compulsory standard integration and streamlining; organizing 28 work related to the formulation and revision of cosmetic technical specifications , Released and implemented 12 inspection methods. The second is to strengthen daily supervision. 36 家疫苗企业的巡查检查。 Establish and improve the vaccine regulatory mechanism, strengthen the life cycle management of vaccines, and complete inspections of 36 vaccine companies in production . 1.6 万批次,不合格率 1.5 %;完成国家医疗器械监督抽检 2749 批次,不合格率 7.75 %;完成国家化妆品监督抽检 1.55 万批次,不合格率 3.63 %。 Strengthened risk monitoring and evaluation, completed 16,000 batches of national drug spot checks and failed rate of 1.5 %; completed 2749 batches of national medical device supervision and spot checks , failed rate of 7.75 %; completed 155,000 batches of national cosmetic supervision and spot checks , failed rate 3.63 %. The third is to carry out special governance. 2019 1-11 月,全国共查处药品、医疗器械、化妆品类违法案件 85310 件,货值金额 22.27 亿元,罚款金额 8.06 亿元,没收违法所得金额 1.48 亿元,责令停产停业 1469 户,吊销许可证 124 件,捣毁制假售假窝点 122 个,移送司法机关 1107 件。 Focusing on the hot spots of the masses and conducting special inspections in depth, from January to November 2019 , a total of 85,310 cases of drug, medical device, and cosmetic violations were investigated and handled nationwide , with a value of 2.227 billion yuan, a fine of 806 million yuan, and the confiscation of illegal income 1.48 100 million yuan, 1469 households were ordered to suspend production and business operations , 124 licenses were revoked , 122 fake dens were sold , and 1,107 were transferred to judicial authorities .

2020 年,中央依法治国办和相关部门将如何推进各地区食药监管执法司法水平持续提升? Question: In 2020 , how will the central government-run state office and relevant departments promote the continuous improvement of the judicial level of food and drug supervision and enforcement in various regions?

14 亿人民群众生命安全、身体健康,事关高质量发展、高品质生活,事关改革发展稳定大局,既是基本民生问题,也是重大安全问题,既是重大的经济问题,也是重要的民生工程、民心工程。 Answer: Food and drug safety is about the safety and health of the 1.4 billion people. It is about high-quality development, high-quality life, and the overall situation of reform, development, and stability. It is both a basic people ’s livelihood issue, a major safety issue, and a major economic issue. It is also an important people's livelihood project and popular support project. 年,中央依法治国办和食药监管执法司法相关部门将以更强的责任担当、更严的监管标准、更有力的工作举措,统筹谋划,协同推进,高质高效完成食药督察后续任务,积极解决食药领域突出问题,全面提升食药监管执法司法水平,不断满足人民群众对食品药品安全的期待,以实实在在的成效助力 2020 年全面建成小康社会奋斗目标的实现。 In 2020 , the central government-run state affairs office and the relevant departments of food and drug supervision and law enforcement will strengthen planning, coordinate advancement, and complete the follow-up tasks of food and drug inspection with higher responsibilities, stricter regulatory standards, and stronger work measures. Actively solve outstanding problems in the field of food and medicine, comprehensively improve the judicial level of food and drug supervision, law enforcement, and continuously meet the people's expectations for food and drug safety, with tangible results to help achieve the goal of building a well-off society in 2020 .

Source: Supreme People's Procuratorate



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