We will fight hard to implement the "four strictest" policy, and the three departments will begin to crack down on food and drug violations!

In order to thoroughly implement general secretary Xi Jinping's "four most stringent" requirements for food and drug safety (the most stringent standards, the most stringent supervision, the most severe punishment, the most serious accountability) and the relevant decisions and arrangements of the central government, the Supreme People's Procuratorate, the State Administration of market supervision and management and the State Drug Administration decided to jointly carry out the national procuratorate from September 2019 to December 2020 Organs, market supervision departments and drug supervision departments implement the special action of "four strictest" requirements for food and drug safety The work plan is as follows 1、 Work objectives (1) be strict and powerful The procuratorial organ shall fully perform the functions of examining and arresting, examining and prosecuting, and lodging a protest, handle a batch of crimes against food and drug safety quickly according to law, and severely punish a batch of criminals; fully perform the procuratorial function of civil public interest litigation, explore and establish the punitive compensation system of civil public interest litigation in the field of food and drug safety according to the authorization, increase the illegal cost of violators, and Those who break the law and commit crimes cannot afford to pay Market supervision departments and drug supervision departments shall investigate and deal with administrative illegal cases against food and drug safety strictly and quickly according to law All suspected crimes shall be transferred to the public security and judicial organs for criminal responsibility, and the situation of cracking down on illegal acts of food and drug safety shall be maintained （2） Precise supervision, forming a joint force The procuratorial organs should strengthen the supervision of filing cases, promote the effective solution of the problems such as the case does not move, the case does not stand, and the punishment instead of punishment, promote the implementation and improvement of the linkage mechanism of administrative law enforcement and criminal justice, give full play to the supervision function of filing cases, and promote the public security organs to exercise the investigation power according to law; strengthen the supervision of administrative litigation, especially the supervision of administrative non litigation execution, and supervise the timely implementation of administrative decisions To promote the administration of administrative organs in accordance with the law and the fair administration of justice by the people's court; to strengthen administrative public interest litigation, urge relevant administrative organs to perform their regulatory duties in accordance with the law, and ensure the uniform and correct implementation of food and drug safety laws and regulations The market supervision department and drug supervision department should adhere to the principle of being responsible and performing their duties, improve the system, strictly implement the responsibility of territorial management, strengthen the contact and cooperation with the judicial authorities, strengthen the guidance, coordination, supervision and inspection of the lower level, form internal and external cooperation, and work together to ensure the effective implementation of the "four strictest" requirements （3） Transfer clues, dig deep behind the scenes In dealing with cases, procuratorial organs should pay attention to finding and transferring a batch of clues of duty crimes and crimes involving in criminal activities, so as to eliminate the breeding ground of crimes Market regulatory departments and drug regulatory departments should give full play to the advantages of market regulatory functions, take the initiative, investigate and verify cases, carefully sort out and transfer the illegal and criminal clues found in reporting complaints and case handling according to law, and promote the in-depth promotion of the special fight against crime （4） The system of stopping leakage and preventing crimes Procuratorial organs should actively participate in social governance, effectively promote administration according to law and timely plug loopholes in system management through making and issuing procuratorial suggestions The market supervision department and drug supervision department shall strictly implement laws and regulations such as the administrative punishment law, the Interim Provisions on administrative punishment procedures for market supervision and management, standardize the handling of cases, unify the benchmark of discretion, complete law enforcement equipment, prevent the risk of handling cases, and constantly improve the management system of case investigation and handling Procuratorial organs, market supervision departments and drug supervision departments should strengthen education and publicity, improve people's awareness of food and drug safety and law-abiding, timely discover and report illegal and criminal acts, and prevent and reduce illegal and criminal acts 2、 Key points of work (1) the crime of endangering food and drug safety mainly involves the crime of endangering food and drug safety in section I of Chapter III of the criminal law, the crime of producing and selling fake and shoddy commodities, and the crime of false advertising and illegal business operation related to endangering food and drug safety in Section VIII The procuratorial organ, market supervision department, drug supervision department and other supervision functional departments shall focus on the following illegal and criminal cases: occurred in and around the campus, catering gathering area, agricultural trade wholesale market, breeding production base, main production area of vegetable basket products, rural and urban-rural joint Department, food and non-staple food wholesale market, cold storage logistics center, etc Regional; large-scale, organized and chain; involving infant food and medicine; implemented by using the Internet, e-commerce platform, social media, TV shopping columns, etc.; strongly reflected by the people, with bad social impact and high public opinion; etc (two) key content of law enforcement The procuratorial organ shall strengthen the supervision over the execution of administrative non litigation in the field of food and drug safety, and apply to the people's court for compulsory execution after the administrative organ makes the decision of penalty, confiscating the illegal income, confiscating the food illegally produced and operated, confiscating the drugs illegally produced and sold, etc., focusing on the supervision and correction of the court's inadmissibility, which shall be granted execution but not execution And lazy in execution The market supervision department and the drug supervision department shall strictly implement the administrative compulsory law and other laws and regulations If the party fails to perform its obligations within the legal period after the decision of administrative penalty is made, the party shall be urged to perform the relevant obligations in advance If the party concerned still fails to perform the decision of administrative penalty within the time limit after being urged to do so, and there is no justifiable reason, it shall apply to the people's court for compulsory execution according to law, effectively safeguard the authority of the administrative organ in performing the administrative law enforcement function, and ensure the implementation of administrative penalty in place （3） The key content of public interest litigation: the procuratorial organ puts forward 19 food safety supervision work priorities in three aspects based on the special supervision plan of public interest litigation "to protect the safety of thousands of households on the tongue", focuses on the prominent problems such as campus and surrounding areas, online catering, and increases the intensity of case handling According to the requirements of the notice of the Supreme People's Procuratorate on deepening the special procuratorial supervision activities of "ensuring the safety of thousands of households on the tip of the tongue", the Supreme People's Procuratorate actively responded to the demands of the masses and social concerns, focusing on seven types of problems, such as false publicity of health food and drugs, counterfeit and shoddy products Local procuratorial organs should focus on the areas and regions with serious problems, base on local reality, determine specific work priorities, and carry out "small special" activities when necessary The market supervision department and drug supervision department shall take the initiative to communicate with the procuratorial organ, continuously improve the working mechanism of the linkage between administrative law enforcement of food and drug safety and public interest litigation, carefully study and implement the procuratorial suggestions put forward by the procuratorial organ and reply on time, perform their duties in accordance with the law, make the suggestions rigid and achieve rigidity together, and form a joint force of food and drug safety protection （4） Key content of "punishment to person" Strengthen the qualification punishment If a natural person who is prohibited from committing an illegal crime is engaged in food and drug production and marketing activities or food and drug safety management within a certain period of time as stipulated by laws and regulations, the person in charge and other persons directly responsible for the illegal enterprise, its legal representative, actual controller and main person in charge shall be severely punished, and the practice shall be prohibited and terminated In the case of personal prohibition, the offender shall be punished strictly and severely, and be included in the "blacklist" according to laws and regulations, and be subject to joint punishment, publicity and social supervision （5） The key contents of execution connection shall be seriously implemented in accordance with the requirements of the notice on printing and distributing the measures for the connection of administrative law enforcement and criminal justice of food and drugs issued by the former food and drug administration, the Ministry of public security, the Supreme People's court, the Supreme People's Procuratorate and the food safety office of the State Council, and the connection between administrative law enforcement and criminal justice shall be well done Establish and improve the connection mechanism, clarify the constitutive requirements of the illegal act and the basic requirements of transfer, and unify the evidence collection standards For the illegal cases suspected of crimes, we should take the initiative to communicate with the public security organs, and promptly transfer the cases that meet the administrative detention and other public security management punishment standards or are suspected of crimes to the public security organs for handling If the procuratorial organ and public security organ ask the market supervision department and drug supervision department to provide inspection and identification opinions in handling the crimes against food and drug safety, the relevant market supervision department and drug supervision department shall actively coordinate with the relevant organizations and provide opinions in a timely manner The market supervision departments and drug supervision departments at all levels shall, in accordance with the law, promptly impose corresponding administrative punishments on the cases for which the judicial organs have investigated criminal responsibility Accelerate the construction of information sharing platform between administrative law enforcement and criminal justice, and gradually realize online acceptance, online transfer and online supervision of suspected criminal cases 3、 Work measures (1) give full play to the functions of arrest and prosecution, and strengthen investigation supervision and trial supervision The procuratorial organ should catch and Sue those who meet the conditions of arrest and prosecution according to law, correct the missed arrest and prosecution in time, strengthen the examination of the legality of evidence, solve the dispute on the legality of evidence and the problem of evidence defects as soon as possible, make sure that the case is accurate and the sentencing suggestions are appropriate; carry out supplementary investigation when necessary; timely protest against the improper application of the court's sentencing light and light probation to ensure politics The organic unity of effect, legal effect and social effect （2） We should attach great importance to the verification of case clues and strengthen the supervision of case filing Procuratorial organs should open up wide information channels and vigorously expand the sources of clues, such as through the analysis of "big data", the establishment of public opinion information observers to pay attention to public opinion, the digging of information sharing platform information for the connection of execution, giving play to the role of information sharing mechanism of criminal cases between procuratorial organs and public security organs, visiting institutions and petition departments that accept consumer complaints, together with market supervision departments and medicine The quality supervision department and the public security organ find clues by investigating key areas and fields We should carefully investigate and verify the clues, and timely suggest the administrative law enforcement organs to transfer and supervise the public security organs to file and investigate crimes against food and drug safety For those who have been supervised to file a case, we should strengthen tracking and supervision, and prevent them from standing up without investigation or from being determined for a long time The market supervision department and the drug supervision department shall formulate unified handling methods and working rules for complaint reporting, unblock the reporting and complaint channels, encourage insiders to report illegal behaviors in the production and sales of food and drugs, and broaden the channels for case clue sources Implement the system of rewards for reporting reports, give full play to the role of social supervision, and give rewards in accordance with relevant regulations if administrative punishment is investigated and implemented We will strengthen the protection of whistleblowers and investigate and punish those who retaliate against them in accordance with the law Those who maliciously report illegal profit-making activities shall be severely punished according to law （3） We will give full play to the role of procuratorial suggestions and plug regulatory loopholes The procuratorial organ shall, in accordance with the provisions on the work of procuratorial suggestions of the people's Procuratorate, formulate and issue procuratorial suggestions in a timely and targeted manner, actively urge and support the implementation of procuratorial suggestions by the proposed units, and submit to the higher level procuratorial organ for follow-up supervision in case of failure to reply within the time limit or improper handling results; the common problems found shall be solved The problems should be sorted out in a timely manner, the supervision of similar cases should be strengthened, and the supervision effect of "supervising one case, influencing one area" should be brought into full play; the higher level procuratorial organ should strengthen the supervision guidance to ensure the supervision effect The Supreme People's Procuratorate will carry out the selection of excellent procuratorial suggestions for the national procuratorial organs to safeguard the safety of food, drug and agricultural materials At the same time, the legal system will be further improved by making judicial interpretation and making legislative suggestions The market supervision departments and drug supervision departments should attach great importance to the procuratorial suggestions made and issued by the procuratorial organs, establish a benign interaction mechanism with each other, and focus on the illegal case investigation procedures