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How to use the rule of law thinking to promote food and drug supervision
Using the rule of law thinking to build the cornerstone of the regulations

Regulatory work is inextricably linked, many clues, the food and drug industry, the new business, new modes of endless, constantly updated, in the past, we mentioned to strengthen the supervision, often focusing on the gate forward, overly dependent on the administrative means of examination and approval, thought that the "approved" is the "control", the "control" is the "control". "Good management". The new central collective to deepen the reform of the administrative approval system as a breakthrough in the simplification and decentralization of government, emphasizing the need to strengthen the supervision of the matter after the event. "License obsession, regulatory confusion" has become an urgent problem to be solved. We should actively explore the laws of regulation, remove the false and keep the true, from coarse to fine, from the surface to the inside, from the other to the other, to improve the rational understanding of food and drug regulation. The essence of food and drug regulatory work is law enforcement activities, the use of the rule of law thinking to explore the laws of regulation, requiring us to move from campaign-style regulation to regularized regulation, and pay more attention to the fundamental and long-term role of the law in the governance of food and drug safety. To do this, we should focus on solving two problems: one is the legislative problem, and the other is the normative problem. The rule of law is the rule of rules, without law there is no rule of law, it is merely the rule of man. Small workshops, small vendors, small restaurants, small food and other "four small" regulatory difficulties, difficult to regulate has been plagued by regulatory authorities. "Four small" problem both **** nature of the problem, but also "personality" problem, we must actively do a good job of supporting legislation for food safety law, and promote the local people's Congress and the government to speed up the development of local rules and regulations to improve the operability and enforceability. The second is to sort out the basis for the past food safety regulation by link, the basis for law enforcement scattered in different ministries and commissions in the regulations, institutional integration of the original basis for the applicability of the grass-roots supervisory staff has been troubled. From the state organs, the inherent orientation of the rule of law is: power comes from the law, power is subject to the law, power and responsibility are unified, power to respect the law. Therefore, in the basis of sorting out the work, not only to sort out the basis of regulating production operators, but also to sort out the basis of regulating the regulator's own behavior.

Using the rule of law to forge the system

System is the outline of food and drug safety supervision, is the most effective way to regulate the most cost-effective way to regulate the law enforcement is also the basis of supervision and has the effect of unleashing the whole body. In recent years, the provincial Food and Drug Administration has introduced the "Hubei Food and Drug Administration on the province's food and drug regulatory authority division of opinion", "Hubei Province, the drug production and management enterprises delisted and responsible for the ban on the rules", "the sale of counterfeit and shoddy food and drug administrative punishment case information disclosure management", "Hubei Province, the food and drug supervision and inspection guidelines", "Hubei Province, the Internet", "drug transactions and information services, bad behavior, and the information services," "the Internet", "the Internet", "the Internet" and "the Internet". A series of regulatory systems, such as the Measures for the Administration of Bad Behavior in Drug Trading and Information Services, have woven a net of food and drug regulatory systems. In the construction of the system, we y appreciate: the rule of law thinking in the design of the system, implementation, articulation and feedback of the various aspects of the macro-led and precision navigation role, to see the problem, decision-making, according to the law to deal with the current and long-term, local and global, individual and general relationship, the administrative relative, the implementation of the "presumption of rights", where the law does not prohibit, it will be presumed that the right of the person who is not prohibited by the law, and the right of the person who is not prohibited by the law. The law does not prohibit, it is presumed to be the rights of citizens, and the focus of the system on restraining and regulating the regulator's own behavior, improve the law enforcement procedures, clear regulatory responsibilities, standardize and reduce discretionary power.

Using the rule of law to support moral indoctrination

The law is the minimum morality. The Fourth Plenary Session of the Central Committee pointed out, "Adhere to the combination of ruling the country by law and ruling the country by morality. The governance of the state and society requires the law and morality *** to play a role together." In the past, individual supervisors of the concept of law enforcement bias, poor professional ethics, accustomed to smashing the "booth", kicking the "stove", moving the "cabinet", collect " Tickets", the way simple and rough, the public reflected strongly. Currently China's economic development into the economic growth rate shift period, the structural adjustment pain period, the previous stimulus policies to digest the "three-phase" new period, the economic downward pressure, the regulatory authorities in the strengthening of supervision at the same time, should pay more attention to fostering and guiding the market body law-abiding business, and to promote the growth of the market body. "The law can not be by itself", the provisions of the paper to take root, not only need to enforce the law enforcers iron face law enforcement, but also need to enforce the law enforcers a humane care. Therefore, moral education in supervision and law enforcement often play a "silent" effect. Emphasis on moral education, does not mean that the indulgence of illegal. Specifically, that is, in supervision and law enforcement, the rule of law with one hand, the moral rule with the other hand, on the black dens, black factories, repeat offenders to be severely punished, resolutely banned; no subjective intent, did not cause the harmful consequences of the first violation of the law, you can not implement the penalties, through the spring breeze like publicity and education, to guide food and drug producers and operators to comply with the law, to guide to help their upgrading, to achieve the unity of the legal effect and social effect, **** with the social effect, **** with the social effect, **** with the social effect, **** with the social effect. The unity of the effect, *** with the creation of a good market business environment and order.

Using the rule of law to protect the rights and interests of the masses

The Fourth Plenary Session of the Central Committee pointed out that "the rights and interests of the people depend on the law to protect, the authority of the law depends on the people to maintain." The law is a powerful weapon for the people to protect their rights, but also a code of conduct. After the reform of the food and drug regulatory system, the regulatory agencies extended to the township, street offices, supervision of the "last kilometer" has been opened. But from the survey, some regulatory agencies a year the number of complaints and reports not a few, which is exposed to the regulatory authorities are not enough to publicize the law. In accordance with the Plenary Session of the Fourth Plenary Session of the "who law enforcement who law" requirements, innovative concepts of law, the law and rights closely integrated, the focus of law propaganda in the majority of rural and urban and rural areas, and widely mobilize all aspects of the force *** with the participation of the food and drug safety supervision, to mobilize the public to report and reflect the case clues, and in-depth excavation of the case source. At the same time, the integration of case institutions, improve the case mechanism, the establishment of small complaints and reports of rapid processing system, accelerate the establishment of the linkage mechanism with consumer associations and other rights organizations, to guide the masses through legal channels to safeguard their rights and interests.

Using the rule of law to improve law enforcement

Knowing the law is the only way to abide by it, and knowing the law is the only way to enforce it. Only seriously learn the law, the spirit of the rule of law, the concept of the rule of law and legal provisions internalized in the heart, firm belief in the rule of law, in order to stand firm in the intricate and complex situation, do not exceed the rules, do not exceed the track, to keep the law enforcement for the people of the regulatory bottom line. First, consciously study the Constitution. The Constitution is the fundamental law of the country, with the highest authority. At present, we should seriously understand the "December 4 each year as the National Constitution Day" of great significance, improve the rule of law lectures for leading cadres, the central group to study law, special training, regular examinations and other systems, to promote the spirit of the Constitution, safeguard the dignity of the Constitution. Second, strengthen the case guidance. Difficult cases of food and drug administrative law enforcement analysis, pondering and dissection, summarize the experience from the procedural entity, edit the case compilation, guide the grassroots case. Thirdly, post practice. The life of the law lies in practice. Through the actual practice and skills competition activities, to achieve mutual learning, mutual promotion, *** with the effect of improving. Fourth, collective consideration of cases. Play a good role in the case committee platform, collective deliberation of major complex cases, put an end to human cases, relationship cases, each case into an iron case, stand the test of time and history.

Using the rule of law to promote the rule of law

After the reform of the food and drug regulatory system, the department's personnel come from all over the world, the quality is uneven. In the process of institutional integration, personnel friction, conceptual integration and conceptual coupling, the personal quality and leadership ability of the leader is the key. Rule of law thinking has a strategic, macro, rules and procedural thinking characteristics, the leader of the rule of law thinking of the strength of the Bureau of the ability to rule by law, directly determines the department's morale, management level and regulatory effectiveness. The first rule of law in a "strict" word. To y understand the Fourth Plenary Session of the "Party discipline and Party rules should be stricter than the law", set an example, leading by example, not only to exemplary compliance with national laws, but also in accordance with the Party rules and Party discipline to a higher standard of strict requirements for their own in the law enforcement and supervision, as long as the emergence of violations of law and discipline issues should be strictly dealt with. Rule by law bureau focuses on a "law" word. In the process of governing by law, encountered strong policy, legal and professional issues, to give full play to the role of the legal system institutions of the staff and assistants, by the legal system institutions to review the gatekeeper. After the abolition of the food and drug regulatory system, local protectionism has risen, we must properly handle the relationship between regulation and service, and actively seek the understanding and support of local party committees and governments for regulatory work. The rule of law is the optimal market environment, the rule of law city is the best gold signboard. An important goal of food and drug safety supervision is to create a good food and drug market business order and promote the upgrading of the health industry. By strengthening supervision, promoting economic restructuring, eliminating backward production capacity, and finding a fit between economic development and safety supervision. The person in charge of the grassroots food and drug regulatory department encounters a lot of frustration, and every case investigated and handled will encounter lobbyists and pleaders. In the weighing of law and emotion, the balance should favor the side of the law. At the same time to strengthen supervision, to resolutely cut off the law enforcement fines and fees to generate revenue chain of interests, must not be the national public weapon as a tool for departmental interests, personal interests, up not ashamed of the sky, down not subterfuge, fear of the law, fear of conscience, fear of the people.