Monday, December 31, 2012

Public security men get involved in food Ann and worth discussing supervising the field

Public security men get involved in food Ann and worth discussing supervising the field
June 22, until " whether reporter visit the whole country first law-enforcing ranks, public security men of food security, the cause is established " " the Jurisprudence Daily " The law-enforcing ranks of public security men of the first food security are established to publish Hunan Governor's Shashi for the question, and undertake to collect, grasp food, medicines safe information information and crime tendency, detect and handle the report related to duties such as the safe crime case of food security, medicines,etc.. Report that causes the concerns from all walks of life, a lot of knowledgeable people have issued one's own view. Select a publication now.
Look from aspect that the law authorizes, the daily duty supervised that the food safety law has not given the public security organ food security, legal duty can not exercise legal power, and then can't set up legal law enforcement agency. The food security law enforcement group of public security men which the municipal public security bureau of Changsha established, lack legislative authority, thus can't get the strong support of the law either.
Secondly, by the look of power that the law presumes, what the food safety law is presumed is the administrative power of the administrative organ of the government, and administrative power could exercise by the administrative organ of the government, the public security organ can't exercise at will.
According to legal subject that the food security supervises, hygiene administration, agricultural administration, quality surveillance, industrial and commercial administration, food medicines of the people's governments at all levels supervise five administrative departments, exercise the food safety law for the daily legal subject supervised of the food security; And the public security organ can only exercise and put right on file for investigation and prosecution to the illegal case of food already suspected of being involved in the crime, otherwise, I think, but a kind of unauthorized behavior.
In addition, the system with its local government at a higher level of regulatory ystem of food security that Changsha implements now is not totally identical, there is non- fitting problem from head to foot on the regulatory ystem. I think, leadership is concerned and supervision duties born are fulfilled for this kind of non- fitting food security regulatory ystem from head to foot, the ones that will be influenced among upper and lower level, also unfavorable to the coordination of the relation and treatment of relevant important cases between the upper and lower level of government department.
Define the regulation in food security regulatory ystem that food safety law and the State Council of our country establish, the public security organ could not carry on previous investigation to the food case suspected of being involved in the crime, if violate the above-mentioned legal provision, may influence the normal enforcement of the administrative power of administrative organ of the government.
If the public security organ enters the supervision field of food security directly, once it needs to investigate administration's relative people's legal liability while investigating the course in the case to take place, the responsibility investigation subject at this moment is undeterminable. (Hubei Administration of Auality and Technical Supervision The floor is open-minded)
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