It is good for the procuratorate to know what the government departments are doing.
Our reporter Du Meng
"That factory is very hidden. It took us several days to find it. "
Two prosecutors from Xiajin County Procuratorate of Shandong Province casually walked into the village to find a manufacturer who illegally produced and operated bottled drinking water. The investigation clue comes from two administrative punishment decisions issued by relevant administrative departments.
This investigation on drinking water triggered a series of investigations on illegal food processing by procuratorial organs, and urged relevant government departments to carry out special rectification. These investigation clues all come from the administrative law enforcement information sharing platform led by Xiajin County Procuratorate.
The manufacturer was punished twice and was still producing without a license.
"We found the problem when consulting the administrative law enforcement information of relevant departments."
Qi Huijun, chief of the Civil Administrative Procuratorate Section of Xiajin County Procuratorate, told the reporter that the county administrative law enforcement department issued two administrative punishment decisions for a bottled drinking water production enterprise, and the punishment facts, reasons and decisions in the two punishment decisions were completely consistent.
To the prosecutor's dismay, the drinking water plant was punished for producing without a license and ordered to stop production. One year later, it was punished again for the same reason, and the two punishments were only a fine of 1000 yuan and confiscation of illegally produced bottled water. The prosecutor learned that the manufacturer was still producing and selling bottled drinking water without a license after being punished twice in a row. In view of this, two prosecutors, together with three administrative law enforcement officers, began a casual unannounced visit. After two days of investigation, they finally found a "manufacturer" who is still secretly and illegally producing bottled water in the backyard of a small textile factory that stopped production.
The prosecutor who went to investigate wrote in the later investigation text: "Because of the high threshold of bottled drinking water production license, some enterprises have been producing without a license. The production conditions of such enterprises are very simple and the production environment is extremely bad. During the on-site inspection in a drinking water plant, we found that there were only a few bungalows in the factory as production workshops, and the production equipment was squeezed into one room. Sewage is everywhere in the room, and the pool for cleaning buckets and lids is all dirty. Recycled empty barrels and filled finished barrels are piled up everywhere, and some are even piled up in the open air. "
Shang Chengzhi told reporters that the boss was not there at that time, and he took some live photos as evidence. The administrative law enforcement personnel who went with them re-affixed the seal and informed the factory owner to go to the administrative law enforcement department for questioning immediately.
At the beginning of the investigation, the procurator of Xiajin County People's Bank, unable to find the exact address of the illegal manufacturer, randomly purchased samples of four brands from retail water stores and supermarkets as consumers, and sent all the obtained water samples to Dezhou City Center for Disease Control and Prevention, Shandong Province for testing.
At the same time, the prosecutor conducted a more detailed professional investigation to understand the different health standards implemented by the state for different types of drinking water, as well as the specific health standards promulgated by the Ministry of Health and the National Standardization Administration Committee for bottled (barrel) drinking pure water.
Qi Huijun told reporters that the bottled drinking water produced by enterprises in Xiajin County includes pure water, natural drinking water and drinking mineral water. The relevant administrative departments of the county shall implement pure water standards for all bottled (barrel) drinking water in administrative law enforcement.
When the Dezhou Center for Disease Control and Prevention issued the relevant test report to Xiajin County Procuratorate, the prosecutor saw the following conclusion: the coliform bacteria in the sampling samples of four brands were qualified, but the total number of colonies exceeded the standard. The total number of colonies in a brand of purified water exceeded 74 times. It is an unavoidable fact that the total number of bacterial colonies in bottled water seriously exceeds the standard, which is harmful to human health. People are prone to intestinal diseases such as dysentery after drinking, which may cause vomiting, diarrhea and other symptoms.
The person in charge of the enterprise that produces bottled water without a license shall be immediately ordered to stop production and dismantle all equipment immediately.
Xiajin Procuratorate did not stop there. The reasons for the illegal phenomenon of bottled water production enterprises and how to prevent it are analyzed in detail, and submitted to the relevant law enforcement departments to urge them to perform their supervisory duties, strengthen supervision and inspection, intensify the crackdown, strengthen publicity and guidance, and strengthen the awareness of corporate safety responsibility.
The reporter saw this procuratorial proposal in Xiajin County Procuratorate and noticed the analysis and expression that hit the nail on the head: "The punishment measures of the regulatory authorities are not in place, and the punishment is not strong, which leads to the escrow of fines, which leads to the low illegal cost of illegal enterprises or individuals, and the consequences of paying fines in exchange for continuing illegal production have not achieved the purpose and effect of administrative punishment."
Wang Chunli, secretary of Xiajin County Party Committee and director of the Standing Committee of the County People's Congress, fully affirmed the special action of Xiajin County Procuratorate to carry out legal supervision on bottled water in the county. The person in charge wrote in the relevant instructions: "This is an important achievement of the procuratorial organs of our county in carrying out administrative law enforcement procuratorial activities. The quality of bottled water seems to be small, but it is related to the health of the people and should be highly valued. "
An industry inspection began immediately, and two bottled water enterprises did not meet the requirements and were ordered to stop production and rectify.
"You know, it's very hot in summer, and people believe that bottled water is hygienic. Most parents buy bottled water for their children. If the child is sick, the whole family will be anxious. "
Qi, a prosecutor who is the mother of the child, told the reporter that she was very happy to personally participate in the special action to supervise and correct violations in the bottled water industry.
Law enforcement information has become a powerful tool for supervision.
"How did you first discover the illegal clue of that bottled water enterprise?"
The reporter sat in front of Shang Chengzhi's desk, watching him turn on the computer, enter the program account and password, and demonstrate the administrative law enforcement information for the reporter on the computer screen.
"This is a special software that we commissioned a high-tech software company to develop in April 20 12." Qi said aside, the software has been repeatedly invited by university professors and technical experts to demonstrate, relying on the server of the government e-government network to build an information platform dedicated to administrative law enforcement inspection and supervision, and set up three modules in the platform: laws and regulations, personnel information and law enforcement information.
While watching Shang Chengzhi, I clicked on the multi-level menus of the three modules. The reporter learned that the laws and regulations module mainly inputs the laws and regulations, industry norms, departmental rules, job responsibilities and law enforcement processes on which all units carry out administrative law enforcement activities; The personnel information module mainly inputs the name, position, law enforcement certificate number, working time and personal photos of law enforcement personnel of each unit; The law enforcement information module mainly inputs specific law enforcement information such as administrative punishment, administrative license and administrative compulsory measures, and uploads corresponding original materials such as decision, payment book and list of seized property through attachments.
Shang Chengzhi told reporters that "the illegal clues of bottled water enterprises were discovered from the operation of this special software for administrative law enforcement information." The reporter also learned that for the long-term consideration of deepening the legal supervision ability of procuratorial work, Xiajin County, a novel measure to innovate the working mechanism of grass-roots procuratorates, has received strong support from Dezhou Procuratorate and Shandong Procuratorate.
Recently, the reporter learned from Xiajin County Procuratorate that since the platform of administrative law enforcement information * * * was put into operation at the beginning of 20 13, the hospital has been included in the information platform of administrative law enforcement units, and entered 1577 pieces of administrative punishment, administrative license, administrative compulsory measures and other law enforcement information, 443 pieces of personal information of administrative law enforcement personnel and 25 pieces of relevant laws and regulations.
According to Guo, chief procurator of Xiajin County Procuratorate, following the discovery of illegal bottled water enterprises in July last year, the hospital also found that some small food processing workshops in the county illegally used food additives in the process of processing food-some cooked meat processors used industrial rosin to remove pig hair in the process of processing pig's head meat and pig's trotters to save costs; Some bean sprout processors illegally added rootless bean sprouts and preservatives during bean sprout processing. The hospital issued procuratorial suggestions to relevant administrative departments in accordance with the law, urged them to organize special rectification activities for illegal use of food additives, severely cracked down on illegal use of food additives, especially strengthened supervision of small food processing workshops, and established and improved a long-term mechanism for safety supervision of small workshops.
Realize comprehensive supervision from entity to procedure.
"No one and no department naturally want to be supervised."
In order to exercise the power of legal supervision, procuratorial organs must form the knowledge of people's congresses, party committees, governments and heads of various departments, and the basis of building everyone's knowledge lies in how to establish administration according to law. Although the reason is clear, it is not easy to operate in practice.
The reporter saw three important documents in the Xiajin County Procuratorate: First, the Interim Provisions on the Procuratorial Supervision of Administrative Law Enforcement in Xiajin County forwarded by the county party committee; The second is the "Working Opinions on Building an Information Sharing Platform for Administrative Law Enforcement" forwarded by the Xiajin County Procuratorate; The third is the resolution of the county people's congress on strengthening the procuratorial supervision of administrative law enforcement.
"The Constitution gives the National People's Congress the power to supervise one government and two houses, but the operation of this power in reality lacks rigidity." Yu Mingcheng, deputy director of Xiajin County People's Congress, expressed his personal views in an interview with reporters. Based on years of experience in grass-roots people's congresses, Yu Mingcheng fully recognized the initiative of Xiajin County Procuratorate to establish an information sharing platform for administrative law enforcement.
In Ming Cheng's view, the current law does not require procuratorial organs to intervene in administrative law enforcement organs to exercise legal supervision in advance, but Xiajin County Procuratorate has won the recognition of the people with practical actions and has also been fully affirmed by the county people's congress. The county people's congress supports the procuratorate's prudent exercise of legal supervision according to law, extending the tentacles of local people's congress supervision. By supporting and encouraging the procuratorial organs to prudently exercise their legal supervision power, the lack of rigid supervision power of the NPC has achieved good social management results.
"I repeatedly said at the meeting that the procuratorate knows what we are doing, which is a good thing." Du Peihua, former director of Xiajin County Price Bureau, said in an interview that the Price Bureau actively participated in the construction of information sharing platform for administrative law enforcement and was willing to accept supervision, which was not only conducive to standardizing the administrative behavior of its cadres, but also conducive to preventing duty crimes.
"I said to our cadres that it is not a big problem for me to criticize you. I can't save you if you break the law. " Du Peihua lamented that the administrative law enforcement information sharing platform makes the department's law enforcement information transparent, which is of certain significance to put an end to departmental corruption and is indeed a pioneering work of the procuratorate.
"We are the first pilot unit to join the administrative law enforcement information sharing platform." Bie Xiao Wei, chief of the Legal Department of Xiajin County Administration for Industry and Commerce, told the reporter that after the bureau joined the information sharing platform for administrative law enforcement, all its administrative handling procedures were entered into the platform, and it was clear at a glance as soon as it entered the platform, which greatly improved the ability of standardizing law enforcement behavior and preventing law enforcement risks. She believes that the most important thing is that the procuratorate sounds an alarm for illegal administrative acts.
"If there is dereliction of duty, the procuratorate will come down to investigate and deal with it, and something big will happen." Don't Wei say that.
Finally, the reporter learned from Xiajin County Procuratorate: In view of the administrative punishment cases entered into the information platform this year, the hospital consulted the administrative punishment files, and the civil affairs sub-bureau made a clear division of labor, and each police officer subcontracted the files of several law enforcement departments. By consulting the case files, this paper makes a detailed and comprehensive investigation on the administrative punishment cases of various law enforcement departments from the aspects of law enforcement subjects, legal law enforcement procedures, accurate application of laws and appropriate discretion. If in doubt, consult relevant laws and regulations in time, and actively communicate with law enforcement personnel to ensure the accuracy of inspection.
According to the statistics of the inspection results just completed by the hospital not long ago, the civil affairs department prosecutors inspected 52 administrative law enforcement files, found problems 1 1, put forward 4 oral suggestions and written procuratorial suggestions 1. By consulting the administrative law enforcement files, the limitation of information input by the platform is overcome, the overall supervision from entity to procedure is realized, and the standardized operation of the information sharing platform is guaranteed.