Using the rule of law to build the cornerstone of laws and regulations

The supervision work is inextricably linked, and there are many clues. The new formats and models of the food and drug industry emerge one after another and are constantly updated. In the past, when we talked about strengthening supervision, we often focused on moving forward the barriers and relied too much on administrative examination and approval, thinking that "approving well" meant "managing well". The new central collective regards deepening the reform of the administrative examination and approval system as a breakthrough of decentralization, and emphasizes the need to strengthen supervision after the event. "License infatuation and regulatory confusion" has become an urgent problem to be solved. We should actively explore the law of supervision, discard the false and retain the true, from rough to fine, from the outside to the inside, from this to that, and improve our rational understanding of food and drug supervision. The essence of food and drug supervision is law enforcement activities. Using the thinking of rule of law to explore the law of supervision requires us to move from sports supervision to normal supervision, and pay more attention to the basic and long-term role of law in food and drug safety governance. To achieve this, we should focus on solving two problems: one is legislation, and the other is standardization. The rule of law is the rule of law. Without law, there is no rule of law, and it is only the rule of man. It is difficult and difficult to supervise the "four small" such as small workshops, vendors, small restaurants and small non-staple foods, which has always plagued the regulatory authorities. The "four small" problems are not only sexual problems, but also "personality" problems. We should actively do a good job in supporting the legislation of the food safety law, and urge local people's congresses and governments to speed up the formulation of local laws and regulations to improve their operability and execution. The second is to sort out the basis. In the past, food safety was supervised by links, and the basis for law enforcement was scattered in the rules of different ministries. Whether the original basis was applicable after institutional integration has always troubled grassroots supervisors. From the perspective of state organs, the inherent orientation of the rule of law is: power comes from law, power is subject to law, power and responsibility are unified, and power should respect law. Therefore, in the work of sorting out the basis, we should not only sort out the basis for regulating the production operators, but also sort out the basis for regulating the supervisors' own behavior.

Forging the system with the rule of law

The system is the outline of food and drug safety supervision, the most effective and cheapest way of supervision, and also the basis of supervision and law enforcement, which plays a leading role in mobilizing the whole body. In recent years, the Provincial Food and Drug Administration has successively issued a series of regulatory systems, such as Opinions of Hubei Food and Drug Administration on the Division of Food and Drug Regulatory Powers in the Province, Rules for Withdrawing from the Market of Pharmaceutical Production and Marketing Enterprises in Hubei Province and Prohibiting Responsible Persons, Measures for the Management of Information Disclosure of Administrative Punishment Cases for Manufacturing and Selling Fake and Inferior Foods and Drugs, Guidelines for Daily Supervision and Inspection of Food and Drugs in Hubei Province, and Measures for the Management of Bad Behavior Scores in Internet Drug Trading and Information Services in Hubei Province, thus forming a food and drug regulatory system. In the process of system construction, we deeply realize that the thinking of rule of law plays a macro-leading and precise navigation role in all aspects of system design, implementation, convergence and feedback. We should look at problems and make decisions, handle the relationship between the present and the long-term, the local and the overall situation, the individual and the general according to law, and implement "presumption of rights" for administrative counterparts. Anything that is not prohibited by law is presumed to be a citizen's right, and the focus of the system is on restricting and regulating the supervisors themselves.

using the rule of law to support moral education

law is the minimum morality. The Fourth Plenary Session pointed out: "Adhere to the combination of ruling the country by law and ruling the country by virtue. State and social governance need both law and morality to play a role. " In the past, individual supervisors were biased in law enforcement and had poor professional ethics. They were used to smashing stalls, kicking stoves, moving cabinets and collecting tickets. The way was simple and rude, and the masses reacted strongly. At present, China's economic development has entered a new period of "three-phase superposition" in which the economic growth rate is shifted, the structural adjustment is painful, and the previous stimulus policy is digested. The downward pressure on the economy is great. While strengthening supervision, the regulatory authorities should pay more attention to cultivating and guiding market players to operate legally and promote the growth of market players. "Acts cannot be done by oneself", and the provisions on paper should take root, which requires not only the law enforcers' ruthless enforcement, but also their humanistic care. Therefore, moral education often plays the role of "moistening things quietly" in supervision and law enforcement. Attaching importance to moral education does not mean indulging in breaking the law. Specifically, in the supervision and law enforcement, we should pay attention to the rule of law on the one hand and the rule of virtue on the other, and severely punish and resolutely ban black dens and factories that refuse to change their education; For the first illegal act that has no subjective intention or harmful consequences, no punishment can be imposed. Through publicity and education like spring breeze, food and drug producers and operators can be guided to abide by the law, and they can be guided to upgrade their files, so as to achieve the unity of legal and social effects and create a good market operation environment and order.

Protecting the rights and interests of the masses with the thinking of the rule of law

The Fourth Plenary Session of the Central Committee pointed out: "People's rights and interests should be protected by law, and legal authority should be safeguarded by the people." Law is a powerful weapon for the people to safeguard their rights, and it is also a code of conduct. After the reform of food and drug supervision system, the supervision institutions have extended to towns and sub-district offices, and the "last mile" of supervision has been opened. However, according to the investigation, there are few complaints and reports from some regulatory agencies a year, which shows that the publicity of legal popularization by regulatory authorities is not enough. According to the requirement of "whoever enforces the law will popularize the law" put forward by the Fourth Plenary Session, we should innovate the concept of popularizing the law, closely combine the popularization of the law with the protection of rights, focus the popularization of the law on the vast rural areas and the urban-rural fringe, widely mobilize all forces to participate in food and drug safety supervision, mobilize the masses to report and reflect the clues of the case, and dig deep into the source of the case. At the same time, integrate the case-handling institutions, improve the case-handling mechanism, establish a rapid handling system for small complaints and reports, accelerate the establishment of a linkage mechanism with consumer associations and other rights protection organizations, and guide the masses to safeguard their rights and interests through legal channels.

improve the level of law enforcement by using the rule of law

Only when you know the law can you abide by the law, and only when you know the law can you enforce the law. Only by studying the law seriously, internalizing the spirit of the rule of law, the concept of the rule of law and the legal provisions, and strengthening the belief in the rule of law, can we gain a firm foothold in the complicated situation, do not exceed the rules and regulations, and keep the regulatory bottom line of law enforcement for the people. First, consciously study the Constitution. The constitution is the fundamental law of the country and has the highest authority. At present, we should seriously understand the great significance of "designating December 4th every year as the National Constitution Day", improve the system of leading cadres' lectures on the rule of law, central group learning, special training and regular examinations, carry forward the spirit of the Constitution and safeguard the dignity of the Constitution. Secondly, strengthen case guidance. Analyze, ponder and dissect the difficult cases of food and drug administrative law enforcement, sum up experience from the procedural entity, edit the case compilation, and guide the grassroots to handle cases. Third, post training. The life of law lies in practice. Through actual combat training and skill contest activities, we can learn from each other, promote each other and improve each other. Fourth, consider cases collectively. Give full play to the role of the case trial Committee as a platform, collectively consider major and complex cases, put an end to human cases and relationship cases, and make every case an ironclad case that can 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 supervision system, the staff of the department came from all corners of the country and their quality was uneven. In the process of institutional integration, personnel running-in, concept integration and concept coupling, the personal quality and leadership ability of leaders are the key. The rule of law thinking has strategic, macro, regular and procedural thinking characteristics. The strength of leaders' rule of law thinking and their ability to govern the bureau according to law directly determine the departmental atmosphere, management level and supervision effectiveness. The first word of governing the bureau according to law is "strict". It is necessary to deeply understand that "Party discipline and rules should be stricter than the law" put forward by the Fourth Plenary Session, and set an example. Under the above rate, we should not only abide by national laws, but also strictly demand ourselves according to party rules and regulations with higher standards. In law enforcement and supervision, as long as there are violations of laws and regulations, we must strictly deal with them. Governing the bureau according to law focuses on the word "law". In the process of governing the bureau according to law, we should give full play to the role of staff assistant of legal institutions when encountering professional problems with strong policy and legal nature, and the legal institutions should review and check them. After the cancellation of manubrium's food and drug supervision system, local protectionism has risen. We should properly handle the relationship between supervision and service, and actively strive for the understanding and support of local party committees and governments for supervision. The environment ruled by law is the best market environment, and the city ruled by law is the best gold signboard. An important goal of food and drug safety supervision is to create a good food and drug market operation order and promote the upgrading of health industry. By strengthening supervision, promoting economic restructuring, eliminating backward production capacity, and finding a point of convergence between economic development and safety supervision. The heads of grass-roots food and drug supervision departments have encountered many troubles, and every time they investigate a case, they will encounter intercessors and intercessors. In the balance between law and emotion, the balance should lean to the side of law. While strengthening supervision, we must resolutely cut off the interest chain of law enforcement fines and fees to generate income. We must never regard state organs as tools to seek departmental and personal interests, and we must not be ashamed of the sky, bow down to the ground, fear the law, conscience and people.