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Comprehensive implementation of the "three systems" of administrative law enforcement

Release Date: July 03, 2019

Source: Hubei Food and Drug Administration


Recently, in order to implement the State Council's "Guiding Opinions on the Comprehensive Implementation of the Administrative Enforcement Publicity System and the Enforcement Process Recording System for Major Enforcement Decisions and Legal System Review System" (Guobanfa [2018] No. 118), further promote the construction of a rule of law government in the field of drug supervision, which is effective In order to regulate administrative law enforcement behaviors, the State Food and Drug Administration issued the "Implementation of the State Administration of Drug Administration's comprehensive implementation of the administrative law enforcement disclosure system and the enforcement of the entire process of the law enforcement record system major law enforcement decisions legal system audit system implementation plan" (hereinafter referred to as the "implementation plan") for the drug supervision field Clear implementation of administrative law enforcement publicity system, the entire process of law enforcement record system, major law enforcement decision legal review system (hereinafter referred to as the "three systems"), and clear requirements were set forth.

The "Implementation Plan" points out that it is necessary to take Xi Jinping's ideas of socialism with Chinese characteristics in the new era as a guide, fully implement the spirit of the 19th CPC National Congress and the 2nd and 3rd Plenary Sessions of the 19th CPC Central Committee, adhere to the rules and regulations, enforce the law for the people, be practical and efficient, and reform and innovate The principle of overall planning and coordination. Since 2019, the “three systems” have been fully implemented in the field of drug supervision. Through the comprehensive implementation of the "three systems", administrative law enforcement such as administrative permits, administrative inspections, administrative penalties, and administrative coercions have been effectively standardized, and the administrative law enforcement system and mechanism have been continuously improved to allow administrative law enforcement powers to operate in the sun and consciously accept the supervision of the people. Ensure that legal duties are performed in accordance with the law, the bottom line of the law is maintained, and the legitimate rights and interests of the people are effectively safeguarded.

The "Implementation Plan" specifies 14 specific tasks: First, comprehensively implement the administrative law enforcement publicity system, in accordance with the principle of "who enforces and publicizes", strengthen prior disclosure, regulate public disclosure during events, strengthen post disclosure, and establish and improve the administrative law enforcement information disclosure system. And administrative law enforcement statistics annual report system, clarify the duties and work processes of collection, transmission, review, release, update, correction and correction of publicity content, standardize the standards and formats of information publicity content, and ensure the right to information and participation of administrative counterparts and the public Rights, expression rights, and supervision rights; the second is to comprehensively implement the entire process of law enforcement record system, through the form of text, audio and video records, to record the entire process of administrative law enforcement initiation, investigation and evidence collection, review, decision, service, execution, etc., and Comprehensive and systematic archiving and preservation, to keep traces and traceable management throughout the law enforcement process, to ensure the legality and effectiveness of administrative law enforcement activities; the third is to comprehensively implement the legal review system for major law enforcement decisions, establish and improve the legal review system and directory for major law enforcement decisions, and clarify audit institutions, Review scope, review content, review process Reviewing responsibilities to ensure that major law enforcement decisions made by administrative law enforcement agencies are lawful and effective; fourthly, comprehensively promote the informatization of drug supervision and law enforcement, promote the interconnection and sharing of law enforcement information, effectively integrate law enforcement data resources, and make administrative law enforcement more standardized and the people's affairs more convenient, Lay the foundation for more efficient drug regulation and a better business environment.

The "Implementation Plan" puts forward four requirements: first, to strengthen organizational leadership and focus on overall coordination; second, to improve the system and strengthen supervision and inspection; third, to strengthen team building and in-depth training and publicity. At the same time, it is necessary to ensure funding input and consolidate infrastructure. The drug supervision and administration departments at all levels should implement the "three systems" in a comprehensive manner in accordance with the unified leadership and deployment of the people's governments at the same level, combined with the requirements of the market supervision and management departments at the same level and the actual local drug supervision and enforcement.

Next, the State Food and Drug Administration will further promote the implementation of the "three systems" and take the opportunity to comprehensively promote the "three systems" as an opportunity to establish and improve the administrative law enforcement system and mechanism in the pharmaceutical supervision field, strictly regulate administrative law enforcement, and effectively improve administrative Law enforcement capabilities, effectively prevent administrative law enforcement risks, and continuously improve people's satisfaction with law enforcement.



Hubei Public Security No. 42098202000031