Targeted Therapy "Weaving a Dense Network for Food and Drug Safety Protection
2023-09-25
In the past decade, e-commerce has rapidly risen and become a new engine that helps China's economic development. However, this new type of business also has regulatory blind spots, and the concealment of the Internet provides criminal convenience for some illegal individuals who produce and sell unsafe food and drugs, posing a threat to consumers' "safety on the tip of their tongue". Relying on the advantages of centralized jurisdiction over criminal cases involving food and drug safety hazards in Shanghai, the Shanghai Railway Transport Procuratorate (hereinafter referred to as "Shanghai Railway Inspection Institute") has established a source of action governance model of "cross district case handling+category case governance". For the past five years, the specialized team of the hospital's food and drug industry has adhered to the principle of placing equal emphasis on punishment and governance, actively promoting comprehensive industry governance, and issued a total of 15 prosecution suggestions to relevant units such as food operating enterprises, chain pharmacies, agricultural markets, and online platforms. Among them, the procuratorial recommendation issued by the court to an information technology limited company regarding the failure of an e-commerce platform to fulfill management responsibilities for merchants and food and drugs sold was awarded the "2022 National Procuratorial Office Excellent Social Governance Procuratorial Recommendation". There are regulatory loopholes in e-commerce platforms related to cases of concern. Sibutramine is a type of central nervous system inhibitor that may cause serious adverse reactions such as stroke and cardiac arrest after use. As early as 2010, China had explicitly requested the prohibition of the production, sale, and use of Sibutramine preparations and raw materials. However, in June 2022, the Shanghai Railway Inspection Institute's Food and Drug Professional Case Team discovered during the investigation that the defendants in multiple cases sold toxic and harmful weight loss foods through an e-commerce platform, all of which contained sibutramine. The common issues reflected in the same e-commerce platform and prohibited components in these cases have attracted high attention from the case handling team. After conducting a comprehensive investigation of over 200 food and drug cases handled by the court in the past three years, the case handling team found that multiple defendants had sold various unsafe food and drugs on the e-commerce platform. Some operators in such cases exploit the regulatory loopholes of e-commerce platforms and the concealment and convenience of the internet to sell unsafe food and drugs online, which not only damages the online business environment but also endangers the physical health of consumers. The sharp professional "sense of smell" has made case handling prosecutors realize that food and drug crimes involving the internet have become a new criminal trend and urgently need to be cracked down on and rectified. Food and drug safety is no small matter. Based on the legal supervision function and judicial case handling, the Shanghai Railway Inspection Institute has decided to urge e-commerce platforms to carry out special governance on food and drug safety, and strengthen the implementation of main regulatory responsibilities. Through in-depth research, we can find the root cause and provide effective solutions. "To clarify the 'treatment' plan, we must find the right 'symptoms'," prosecutor Wen Yalu told reporters. In order to find out the management loopholes of the platform, the case handling team carried out the "three questions" investigation and verification work to consumers, experts and suspect in such cases from the three dimensions of merchant management, customer experience and technical support. The case handling team randomly distributed survey questionnaires to consumers. After analyzing the survey results, prosecutors found that due to trust in e-commerce platform brands, some consumers generally do not carefully screen the qualifications and product quality of stores on the platform when purchasing food and drugs online. In order to gain a more comprehensive understanding of the online regulatory model of e-commerce platforms, the case handling team conducted visits and research
Edit:Ying Ying Responsible editor:Shen Chen
Source:jcrb.com
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