Cheng Shiming: Food Safety Supervision to Prevent Official Crimes

Since the beginning of this year, the central news media have successively exposed a number of serious food safety incidents, including "lean meat", "poisoned milk powder", "beef cream", "dyeing steamed bread", "toxic bean sprouts" and "plasticizing agent". The Party Central Committee, the Standing Committee of the National People's Congress, and the State Council attach great importance to and pay close attention to all sectors of society. On April 19, 2011, the State Council convened a national televised conference on food safety, carefully analyzed the current food safety situation, and studied and deployed the current food safety supervision work. Food is food to safety first. Doing a good job in food safety is an indispensable requirement for deepening the implementation of the scientific concept of development and safeguarding the fundamental interests of the people. It is a practical need to safeguard the health and safety of the people and maintain social harmony and stability.

A large number of facts have shown that job crimes in food safety supervision are an important reason for the frequent occurrence of food safety incidents. In order to strengthen the investigation and prevention of duty crimes in food safety supervision, the High Inspection Institute issued the “Notice on Strict Punishment of Food Safety Crimes and Related Official Crimes Punishment by Law”, and deployed and carried out special work to severely investigate and handle crimes that endanger people’s livelihood and dereliction of duty. In order to serve the overall situation of the party and the country’s current work, the prosecutor’s duty crime prevention department concentrates on prevention work in the food safety supervision section, effectively protects the people’s health, and maintains social harmony and stability.

First, further raise awareness. We must take a highly responsible attitude towards the masses of the people, further raise the awareness of the importance and urgency of food safety work, continue to push forward the food safety rectification work, and work hard to make food safety standards, people's consumer confidence, and China's food quality reputation significantly improved. And promotion. Recent frequent food safety incidents reflect some prominent and serious problems in the field of food safety supervision. From the cases investigated, there are problems with the supervision personnel's dereliction of duty, their failure to perform their supervisory duties seriously, and supervision. The system is irrational and the system is not perfect. Strengthening the prevention of duty crimes in the food safety supervision section is an important work measure for the procuratorial organs to actively perform legal supervision functions, take the initiative to serve the overall development, and earnestly safeguard the vital interests of the people. The relevant food safety supervision departments must proceed from the perspective of serving the party and the country’s overall work and pay attention to the interests of people’s livelihood and people’s interests. They must unite their thoughts and actions with the decision-making and deployment of the Party Central Committee and the work requirements of the High Inspection and Quarantine Institute, act quickly, and strengthen organizational leadership and strengthening. Work measures have made new contributions to safeguarding people's livelihood and benefiting the people, maintaining the order of market economy, and promoting social harmony and stability.

Second, further strengthen the measures. The relevant food safety supervision departments must conscientiously implement the “Food Safety Law”, improve the awareness of law enforcement and the level of enforcement of leading cadres and law enforcement personnel at all levels, raise the awareness and level of various enterprises engaging in food production and management according to law, and improve the overall food industry. Law-abiding awareness and self-discipline ability to improve the people's food safety legal awareness and supervision capabilities. In accordance with the law, it is necessary to implement the main responsibility of the company for food safety and the government's responsibility for supervision. It must be implemented in a lawful manner, enforced strictly, and illegally investigated. In order to promote food safety and rectification, we must focus on the illegal addition of non-edible substances and abuse of Food Additives, agricultural product quality and safety, food production and processing, food import and export, food distribution, food and beverage consumption, livestock and poultry slaughtering, and health foods, and other key areas and links. To carry out special measures; adopt effective measures such as implementing corporate food safety subject responsibilities, improving food safety standards, strengthening inspection and testing, strengthening food safety supervision, strengthening administrative enforcement, and strengthening industry self-discipline, and consistently maintaining a high-pressure trend of severely cracking down on food infringements. Focus on solving outstanding problems. In order to do a good job in food safety rectification, we must adhere to the principle of overall consideration, length and short-term integration, address both the symptoms and root causes, integrate the current centralized rectification with the construction of long-term effective mechanisms, and implement the company’s main responsibility for food safety, and improve the food safety laws and regulations system and standard system. Form a new mechanism for food safety work, such as self-discipline, self-discipline in the industry, effective government supervision, and social participation, to improve the overall level of food safety. It is necessary to step up the building of emergency response capacity to ensure that if a food safety accident occurs, early detection, early reporting, and early disposal can be made to minimize accident losses.

Third, further coordination and cooperation. Food supervision is highly professional and involves many departments. Food supervision departments should strengthen cooperation and coordination, and work well on the sites and links of cross-regulation to ensure seamless connection and effective supervision. For the blind spots, blind spots and blind spots in the special parts of food safety supervision, the overall situation must be emphasized. The competent authorities should take effective measures to rectify and standardize them in accordance with the law and resolutely eliminate hidden dangers in food safety. The procuratorial organs shall strengthen communication and communication with the competent departments of agriculture, health, commerce, quality inspection and other industries, supervisory departments, and administrative law enforcement and judicial organs such as disciplinary inspection and supervision, public security, and courts, and hold joint conferences, forums, seminars, and case analysis meetings. In other forms, strengthen situation notification and information sharing, obtain first-hand information in a timely manner, jointly analyze existing problems in research, and work together to form a joint force for prevention of job crimes in food safety supervision. In order to comprehensively investigate the risk points and risks of duty crimes in the food safety supervision, it is necessary to explore the characteristics, causes, and causes of job crimes in the field of food safety, and carry out preventive work in a targeted manner. In the investigation, attention should be paid to the discovery of clues and promptly transferred to the investigation department.

Fourth, further crack down. In view of the grim situation in China's food safety, we must adhere to the law. Only strict enforcement of laws can curb the high incidence of food safety incidents and protect the food safety of the people. The pursuit of profit maximization and minimization of costs have determined that it is difficult for moral and conscience alone to effectively prevent illegal activities of some bad companies. Conventional law enforcement alone is not sufficient to correct the long-term inertia of behaviors. To solve food safety problems, we must rely on the rule of law. Only through strict, consistent and fair law enforcement can we truly establish a high degree of authority in the food safety law so that law-abiding businesses in the food industry can become the norm and even consciously. Food safety issues and incidents must be discovered together, investigated, and exposed together. No matter who is involved, it must be pursued in the end, and it must not be allowed to reconcile. Food safety supervision and law enforcement should be fully covered, and there should be no omissions. Law enforcement officers should be self-effacing and have iron fists to guard against chaos. Food law violations should be punished according to the ceiling of the ceiling within the type and scope of the penalties prescribed by law. - The enterprises that have committed serious illegal acts such as intentional illegal additions must be revoked licenses and confiscation equipment. - Persons who have direct responsibility for the enterprise shall be punished according to law for a five-year ban, and may establish a blacklist system within the industry; if a crime is committed, it shall be severely punished in accordance with the criminal law, if the consequences are particularly serious or death is caused, it may be Life imprisonment until the death penalty. ——If a company should be fined according to law for illegal acts, it must open a top-level ticket within the legal limit. - Enterprises that have potential safety hazards should be ordered to immediately correct them, and if necessary, they should be ordered to suspend production for business reorganization. In order to ensure strict law enforcement, it is necessary to fully implement the strict responsibilities of local governments, regulatory agencies and their staff, establish and improve a clear and clear system of supervision responsibility, and in particular, strictly implement the executive heads of local governments at or above the county level, especially the mayors of the city as food products. Safety oversight responsibilities of the first responsible person. The supervision of food safety should be conducted in the same way as the responsibility system for comprehensive management of public security and the responsibility system for production safety in coal mines. The most stringent responsibility system should be adopted. The system is strictly enforced and complied with. It is necessary to strictly investigate the dereliction of duty by the local government and regulatory authorities. According to the provisions of the criminal law, the administrative law enforcement officers who have committed "crimes of food safety supervision and dereliction of duty" during serious food safety accidents and who have committed criminal acts such as corruption, bribery and favoritism are strictly punished severely and punished strictly. There is a case of imprisonment.

Fifth, further effective prevention. We must earnestly implement professional ethics education, legal education, and warning education for food producers, business operators, and supervisory personnel to enhance the awareness of honesty, responsibility, awareness of the rule of law, and integrity. For every case of food safety crimes investigated and handled, every case of duty crimes in the food safety supervision link must be dealt with in a case-by-case, case-by-case analysis, in-depth analysis of loopholes at the management level, and proposals for improving internal management. Preventive measures have prompted relevant departments to effectively rectify and improve and improve the food safety supervision department's clean government risk prevention system. We must make full use of the resources for handling cases, combine crime analysis and investigations, and organize exhibitions, carry out preventive counseling, take legal education courses, etc., and give legal education and warning education to the staff of the food safety supervision department, and reveal the corruption, bribery, and misconduct crimes. Serious harm, clear boundaries of violations of law, further strengthen the sense of legal awareness and responsibility of the supervision staff, build up the ideological defense against job crimes, and improve the ability to resist corruption and change. It is necessary to thoroughly investigate the underlying causes and advance the innovation of the food safety management system. It is necessary to thoroughly analyze the characteristics, laws, and causes of job-related crimes in the field of food safety, and strengthen the research on weak links, key points, and forms of expressions of multiple crimes that are prone to occur, prone to be procured, and prosecuted, and actively look for systemic loopholes and mechanisms in the food safety supervision process. From the aspects of improving systems, strict management, and strengthening supervision, we put forward countermeasures for prevention and prevention, formed analysis, countermeasures, and high-quality preventive investigation reports, and promptly proposed solutions to party committees, adults, governments, industry leaders, and regulatory authorities. Prevention measures and recommendations to promote source governance.

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