Opinions of the General Administration of Food and Drug Administration on the Implementation of the Law Popularization Responsibility System of "Whoever Enforces the Law Popularization"


Time:

2017-12-20

Food and Drug Administration Law [2017] No. 119

The Food and Drug Administration of all provinces, autonomous regions, and municipalities directly under the Central Government, the Food and Drug Administration of Xinjiang Production and Construction Corps, all departments and bureaus of the General Administration, All directly affiliated units:

In order to thoroughly implement the "Notice of the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council on the Implementation of the" Opinions on the Implementation of the Legal Popularization Responsibility System of State Organs "(Zhongban Fa [2017] No. 31), Solidly promote food and drug regulatory departments at all levels to fully fulfill the responsibility of food and drug safety law popularization, and formulate this implementation opinion based on the actual food and drug regulatory system.

1. General Requirements

(I) Guiding Ideology
Thoroughly implement the spirit of the 19th CPC National Congress, adhere to the guidance of Deng Xiaoping Theory, the important thought of "Three Represents", the scientific concept of development and Xi Jinping's thought of socialism with Chinese characteristics in the new era, and closely focus on the overall promotion of the "five in one" overall layout and the coordinated promotion of the "four comprehensive" strategic layout, fully implement the decision and deployment of the Party Central Committee on strengthening the publicity and education of the rule of law, and in accordance with the requirements of the law popularization responsibility system of "who enforces the law, who popularizes the law", further clarify the law popularization tasks of food and drug regulatory departments at all levels, improve the system and mechanism, strengthen supervision and inspection, and further promote food and drug safety The work of law popularization creates a good legal environment for food and drug safety.

Content of (II) Law Popularization
In-depth study and publicity of General Secretary Xi Jinping's important exposition on comprehensively governing the country according to law and a series of important instructions on strengthening food and drug safety work, and promote the supervision and governance of food and drug safety according to law; in-depth study and publicity of the the People's Republic of China Constitution, enhance constitutional awareness, promote the spirit of the Constitution, and establish constitutional authority; in-depth study and publicity of the socialist legal system with Chinese characteristics in the new era, we should focus on studying and publicizing the laws and regulations on food and drug supervision, enhance the awareness of the rule of law in food and drug safety in the whole society, deeply study and publicize the laws and regulations within the party, and enhance the party members' awareness of party rules and discipline.

(III) Implementation Principle
First, adhere to the combination of law popularization and supervision practice. Food and drug regulatory departments at all levels should integrate the publicity of food and drug safety law into the whole process of food and drug supervision practice, and effectively strengthen the publicity and education of the rule of law through case interpretation in the process of daily supervision and law enforcement, so as to continuously improve the effect of publicity and education on the rule of law.
The second is to insist on equal emphasis on law popularization within the system and law popularization in society. While fulfilling the responsibility of law popularization within the system and comprehensively improving the legal quality and law enforcement ability of administrative law enforcement personnel, food and drug regulatory departments at all levels should actively assume the responsibility of law popularization facing the society and enhance the awareness of the rule of law in food and drug safety in the whole society.
Three is to adhere to the upper and lower linkage, close collaboration. Food and drug regulatory departments at all levels should implement the working mechanism of food and drug law popularization with unified leadership, division of labor and responsibility, each performing its own duties and joint management, so as to form a joint force of law popularization. The higher food and drug regulatory departments should strengthen the supervision and inspection of the lower departments.
The fourth is to adhere to innovative mechanisms and focus on practical results. Food and drug regulatory departments at all levels should combine the characteristics of food and drug supervision work, innovate food and drug safety law popularization work concepts, mechanisms, and methods, actively promote the implementation of various law popularization responsibilities, and further enhance the pertinence and effectiveness of law popularization.

2. Main Tasks and Specific Measures

(I) Establish and Improve the Legal Popularization Responsibility System
One is to clarify the legal popularization responsibility. The General Administration is responsible for organizing and carrying out the publicity work of food and drug safety law popularization in the food and drug regulatory system, formulating the law popularization work plan and annual work plan, and supervising and inspecting. The director of the General Administration shall be responsible for the legal popularization of the food and drug regulatory system, and the deputy directors shall be responsible according to the division of responsibilities. As the organization and coordination department, the Department of Legal Affairs is responsible for the organization, coordination, supervision and inspection of the law popularization work of the General Administration; as the responsible department of law popularization, each department is responsible for organizing and carrying out the popularization of relevant laws, regulations and rules. The main person in charge of each department and bureau is the person directly responsible for the legal popularization work of the department and bureau. Local food and drug regulatory departments at all levels are responsible for the publicity of food and drug safety law in their respective administrative areas, and clarify the responsibilities and responsible persons of internal institutions with reference to the division of law popularization responsibilities of the General Administration.
The second is to formulate a list of legal responsibilities and an annual legal plan. Food and drug regulatory departments at all levels shall, in accordance with the "Notice of the General Administration of Food and Drug Administration on Printing and Distributing the Seventh Five-Year Plan for Publicity and Education of the Rule of Law in the National Food and Drug Regulatory System (2016-2020)" (Food and Drug Administration Law [2016] No. 116) Requirements, formulate a list of responsibilities for law popularization of their own units and annual law popularization plans, and earnestly organize their implementation. The list of responsibilities for law popularization shall include the laws, regulations and rules, specific responsible departments, organization and coordination departments, etc. that the unit focuses on law popularization, and shall be dynamically adjusted according to the abolition and reform of laws, regulations and rules and the focus of annual work. The annual law popularization plan shall, in accordance with the list of responsibilities for law popularization, clarify the objectives and main tasks of law popularization, and set out the specific division of responsibilities and main measures. The annual law popularization plan and the list of law popularization responsibilities of the food and drug regulatory departments of all provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang Production and Construction Corps shall be submitted to the General Administration for the record before the end of March each year.
The third is to implement reporting responsibilities. Food and drug regulatory departments at all levels should implement the work reporting mechanism of "who enforces the law, who popularize the law", strengthen the follow-up inspection of the implementation of the responsibility system for popularizing the law on food and drug safety, and timely grasp the completion of the annual work plan for popularizing the law. The food and drug regulatory departments of all provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang production and Construction Corps shall submit a summary report on the work of law popularization to the General Administration before December 10 each year.

(II) Strictly Implement the Legal Popularization Responsibility in the System
One is to implement the legal popularization responsibility of the main person in charge. The main responsible persons of food and drug regulatory departments at all levels should strictly implement the notice of the general office of the CPC Central Committee and the general office of the State Council on printing and distributing the provisions on the duties of the first responsible person of the party and government to promote the construction of the rule of law (No.71 [2016]), and conscientiously organize and implement the publicity and education plan for the rule of law of food and drug, Important work is personally deployed, major issues are personally asked, key links are personally coordinated and important tasks are personally supervised, promote the implementation of the responsibility of "who enforces the law, who popularize the law", and earnestly fulfill the responsibility of the first person responsible for promoting the construction of the rule of law.
The second is to strengthen the education and training of the rule of law for leading cadres. Food and drug regulatory departments at all levels should study and improve the collective law learning system of the leading bodies and the examination and assessment system of legal knowledge before taking office, and regard the results of the assessment of legal knowledge and the use of the law as an important part of the annual assessment and an important basis for the appointment, removal, promotion, reward and punishment of leading cadres. The main person in charge should take the lead and urge other members of the leadership team to respect the law, learn the law, abide by the law, and organize the leadership team members to learn the law collectively every six months; leading cadres should take the lead in law popularization training and examinations to enhance the rule of law thinking and improve the ability to make decisions in accordance with the law.
Three is to strengthen the law popularization training and assessment of administrative law enforcement personnel. Food and drug regulatory departments at all levels should incorporate food and drug safety law popularization training into the overall plan for the education and training of administrative law enforcement personnel, and regularly organize administrative law enforcement personnel to carry out law popularization publicity and education in accordance with the annual law popularization work plan, and organize training in a timely manner after the revision of relevant laws, regulations and regulations. Strengthen the assessment to ensure the quality of training. Administrative law enforcement personnel shall participate in law popularization training for not less than 40 hours a year. In the training, it is necessary to strengthen the awareness of rules, responsibility, procedure, evidence and limitation of administrative law enforcement personnel, act in strict accordance with legal procedures, and maintain a good image of the regulatory authorities.

(III) Fully Fulfill the Responsibility of Social Law Popularization
One is to make full use of the legislative process to carry out law popularization. In the process of revising food and drug regulatory laws and regulations, the food and drug regulatory authorities should use various forms such as symposiums, demonstration meetings, and hearings to extensively listen to opinions and suggestions on major issues that are of high social concern and involve the vital interests of the public. Except for those that need to be kept confidential in accordance with the law, the draft laws, regulations and rules should be publicly solicited from the public through government websites, newspapers and other media, explaining the system design, and the period is generally not less than 30 days. After the promulgation of laws, regulations and rules, the food and drug regulatory authorities should interpret them through government websites and news media in a timely manner, so as to facilitate the understanding and application of food and drug production and marketing enterprises and their employees and the public.
The second is to carry out law popularization around hot and difficult issues. In the process of dealing with hot and difficult issues of food and drug safety, food and drug regulatory departments at all levels should strengthen the publicity of food and drug safety policies and the explanation of laws and regulations to key groups such as administrative counterparts, interested parties and complaint whistleblowers, and organically combine the investigation and resolution of contradictions and disputes with the publicity of law popularization, Let the people learn legal knowledge and feel fairness and justice in the process of solving problems. In view of the hot issues and incidents of food and drug safety network, the food and drug regulatory departments at or above the provincial level shall be responsible for organizing experts, scholars and administrative law enforcement personnel to carry out authoritative legal interpretation, publicity and explanation, and correctly guide public opinion.
The third is to insist on law popularization throughout the law enforcement process. Administrative law enforcement personnel of food and drug regulatory departments at all levels should integrate law popularization into all links and the whole process of food and drug supervision and law enforcement in the process of law enforcement. Preach food and drug regulatory laws and regulations in daily supervision and inspection, special inspection, investigation and evidence collection, hearing notification, punishment decision and execution, etc., timely resolve doubts and doubts, and inform the administrative counterpart of the legal basis for administrative law enforcement and rights relief channels; in the process of administrative license approval In the form of notification, prompts, etc., provide applicants with application conditions, approval standards, processing procedures, processing deadlines, etc, publicize relevant policies, laws and regulations, and inform relevant rights and obligations and other matters needing attention; in the process of administrative reconsideration and administrative response, it is necessary to actively clarify and publicize food and drug regulatory laws and regulations in the light of controversial issues, and properly resolve social contradictions. Food and drug regulatory departments at all levels should pay attention to the role of legal advisers and public lawyers in the process of administrative reconsideration and response to lawsuits, and organize the collection, sorting, research and release of typical cases of food and drug safety with wide influence and strong applicability, establish a case-based interpretation resource bank, and give full play to the guiding function of typical cases.

3. Work Requires

(I) to Strengthen Organization and Leadership
General Administration to Set up a Leading Group for Legal Popularization Work, with the Director as the Team Leader, the Deputy Directors as the Deputy Team Leaders, and the main responsible comrades of the departments and bureaus as members. The leading group uniformly organizes and leads the publicity and education of law popularization in the food and drug regulatory system. The Office of the Leading Group is located in the Department of Legal Affairs and is specifically responsible for organization, coordination, supervision and inspection. Food and drug regulatory departments at all levels should establish and improve the leadership and working organization of food and drug safety law popularization led by the main person in charge, listen to the report on the law popularization work of the unit every six months, study and solve major problems in the law popularization work, and implement personnel, Funds and material guarantees to create favorable conditions for the development of law popularization.

(II) Innovation Methods
Food and drug regulatory authorities at all levels should continuously innovate food and drug safety law popularization methods and platform carriers according to actual conditions, actively explore the in-depth application of new media and new technologies in law popularization, and make full use of information methods such as big data to expand new media law popularization channels such as portals, microblogs, WeChat, microvideos, and clients, and work hard to expand the breadth and depth, build a multi-level, three-dimensional, all-round legal publicity and education network. At the same time, it is necessary to make full use of important nodes and major activities such as the National Constitution Day, the anniversary of the promulgation and implementation of laws and regulations, the Food Safety publicity week, and the National safe Drug use month to organize and carry out centralized law popularization activities to further enhance the effectiveness of publicity.

(III) Strengthen Inspection and Assessment
The higher-level food and drug regulatory authorities should strengthen the supervision and inspection of the establishment and implementation of the food and drug safety law popularization responsibility system of the lower-level departments, and improve the assessment, incentive and restraint mechanism. Food and drug regulatory departments at all levels shall regularly organize and carry out annual assessment, periodic inspection and special supervision in accordance with the annual law popularization plan and the list of responsibilities for law popularization. Units that have implemented their responsibilities and achieved remarkable results in law popularization and individuals who have made outstanding contributions shall be commended and rewarded in accordance with relevant regulations; for units that fail to implement their responsibilities and fail to complete the objectives of law popularization, the responsible persons shall be interviewed in a timely manner and notified within a certain range. The General Administration will timely supervise and inspect the work of popularizing the law on food and drug safety in various places, and inform the local government of the inspection results.

(IV) Promoting Experience Exchange
Food and drug regulatory departments at all levels should pay attention to summarizing the typical experience of implementing the legal popularization responsibility system, further integrate the legal popularization resources of the food and drug regulatory system, select excellent legal popularization teachers, compile typical cases of case interpretation, and cultivate a number of demonstration units for legal popularization. The food and drug regulatory departments of all provinces, autonomous regions, municipalities directly under the central government and Xinjiang production and Construction Corps shall summarize the advanced experience and excellent resources of law popularization in their respective administrative regions every year, recommend the demonstration units of law popularization, and submit them to the General Administration together with the annual summary of law popularization work. The General Administration will recommend the best to the National Law Popularization Office, and promote it within the system, give full play to the exemplary role of point-to-face, and realize the sharing of high-quality law popularization resources.


Food and Drug Administration
December 15, 2017