Research On Key Issues Of Convergence Of Food And Drug Regulation Execution

Objective:Based on the existing hit by food and drug law violations and crime means, methods, measures and working mechanism on carding, analysis of the existing problems, find out the shortcomings, the promotion of the current food and drug regulatory authorities and criminal judicial organs work effectively, the key to solve the problems relating to a case of food and drug regulatory department of administrative law enforcement and criminal justice in transfer, the evidence conversion, inspection and identification, maintenance and disposal of the articles involved in the case, explore the construction of the food and Drug Administration and criminal justice sector "execution smooth link mechanism", further strengthen the investigation and handling of the food and drug law violation cases, formed to combat the food and drug crimes Department force.Methods:In this study, through literature research, understood the domestic and foreign relevant food and drug supervision of administrative law enforcement and criminal justice to the food and drug crime present situation, significance, problems and other aspects.Survey research method:in this study, through the typical survey, obtain the problems about food and drug supervision execution in linking the first hand information.Comparative study:this research through to the domestic part of the province (city, area) the food and Drug Administration food and drug for suspected criminal cases transferred, filing and approval of arrest, the judgment of comparison, find out the key problems in food and drug regulatory and criminal justice in linking and seek ways to solve the problems.Results and conclusion:Public security organs to transfer suspected criminal cases to the food and drug regulatory authorities do not pay enough attention to the transfer of cases, there was shelved phenomenon. The public security organ to file the case on the transfer of suspected criminal cases less, returned, return the case to the public security organ shall file the relevant procedures do not issue, the receiving department of the public security related criminal case, public security, public security organs at the same level legal departments of economic investigation, the police to the area, a. Supervision of the procuratorial organ passive, both the prosecution or protest only after accurate grasp of law enforcement supervision, the information can not be the food and drug regulatory departments and the public security organs, it is difficult to play the role of supervision. Prosecutors suspect to the implementation of the crime of endangering food, drug safety not to approve arrest and relative non prosecution, conviction and sentencing to the court.The criminal procedure law stipulates the validity of administrative organs of the evidence, but shall only as a basic principle provisions, no implementation details or specific operating rules, the practice of administrative law enforcement evidence can be used as evidence for the use of the controversial criminal. Food and drug detection and identification of legal inspection basis is not clear, no food and drug judicial identification system, unified inspection reports and expert opinion transformation, difficult to use. Relates to the food and drug storage and disposal of the articles involved in the case, the relevant departments of food and drug regulatory departments and the public security, procuratorate and court did not directly specified, departments practices vary, no scientific and clear definition.Framework of food of administrative law enforcement and Criminal Justice Drug basic cohesion system has been established, but in the legislation, law enforcement and operation of the above is not smooth, the urgent need to formulate laws and regulations or the introduction of normative documents, the establishment of scientific Food Safety Commission Office of the State Council, the supreme court and the Supreme People’s Procuratorate, the Ministry of public security, the Ministry of Finance and the food and drug supervision administration and other departments in the food and drug supervision of administrative law enforcement and criminal justice cohesion work job responsibilities and establish a responsibility system, to solve the food and drug regulatory departments and judicial organs in the transfer of cases, the evidence conversion, inspection or appraisal and the deposit and the disposal of four key issues, further impeded traffic law channel.