Recently, in accordance with the requirements of the educational activities on the theme of "Do not forget your initiative mind, Keep in mind the mission", the main responsible comrades of the Law and Regulation Department led a team of four people to form a research group to carry out special investigations on the supervision of grassroots markets in Hanzhong City and Ankang City, Shaanxi Province. The investigation is now reported as follows:
First, investigate the basic situation
In order to fully understand the establishment and operation of grass-roots market supervision institutions, the research team held forums in Hanzhong City and Ankang City respectively by combining discussion and investigation, and had discussions and exchanges with more than 30 directors of market supervision institutions and responsible comrades of legal institutions of grass-roots market supervision departments; He also visited three city and township market supervision offices to carry out field research, listened to the opinions and suggestions of grassroots comrades on the legal orientation and functional orientation of market supervision offices, and learned about the law enforcement and rule of law construction of grassroots market supervision.
Second, the situation of grassroots market supervision institutions in Shaanxi Province
The research team learned that after the reform of the market supervision system was initiated in Shaanxi Province in 2015, according to the requirements of the documents of the provincial party committee and the provincial government, market supervision bureaus were established in all counties and districts, which integrated the responsibilities of industry and commerce, quality inspection, salt affairs and food and drug supervision departments. There were different forms of market supervision institutions at the township level. In some areas, industrial and commercial offices and township food and drug supervision offices managed by districts were still retained, and in some areas, market supervision offices were established by "merging into one". Some market supervision offices are still dispatched by county bureaus, and some have been managed by township governments.
Hanzhong, visited by the survey, has a total area of 27,200 square kilometers and a permanent population of 3.86 million. After the institutional reform in 2015, 11 counties and districts in the city successively established county-level market supervision administrations (with the brand of Food and Drug Administration). In February 2019, the original functions of industry and commerce, quality supervision, food and drug supervision, salt affairs, price supervision and intellectual property rights, and cracking down on counterfeit and shoddy goods were integrated at the municipal level, and the Hanzhong Municipal Market Supervision Bureau was established. The 11 county and district market supervision bureaus were basically reformed before the end of June. At present, there are 178 market supervision offices (with food and drug supervision offices) in the city. Except for 52 offices in Chenggu and Lueyang counties, the remaining 126 offices have been placed under the management of towns (street offices). There are 2590 people in the city’s market supervision system, including 1154 people in the market supervision office.
Ankang, visited by the survey, has a total area of 23,500 square kilometers and a permanent population of 2,668,900. In January 2019, the original functions of industry and commerce, quality supervision, food and drug supervision, salt affairs, price supervision and intellectual property rights were integrated at the municipal level, and the Ankang Municipal Market Supervision Bureau was established. There are 11 county and district market supervision administrations and 138 township market supervision offices in the city. Except for 4 agencies in Hanbin District, which are dispatched by Hanbin District Market Supervision Bureau, the rest have been placed under the management of towns (street offices). There are 1520 market supervision departments in the city, including 694 market supervision offices.
Third, the problems found in the investigation
(A) the grass-roots market supervision and law enforcement power is seriously inadequate.
After the institutional reform, the supervision and law enforcement power of the market supervision office has not been effectively supplemented according to the requirements of the transfer of functions and the follow-up of people, resulting in a serious mismatch between the supervision power and the supervision function, the law enforcement is not in place, and the supervision function is empty, which has brought great risks and hidden dangers. The main manifestations are as follows: First, there is a serious mismatch between the regulatory power and the regulatory function. Before the institutional reform, the former Quality Supervision Bureau, Salt Bureau, Price Supervision Bureau, Intellectual Property Department and other departments did not have offices at the grassroots level. At present, most market supervision offices are established after the integration of the former industrial and commercial and food and drug supervision offices, and their functions include administrative licensing matters such as issuing certificates and licenses, and full-scale supervision of the former industrial and commercial, quality supervision, food and drug, price, etc., as well as various market inspections, special rectification, consumer complaints, law enforcement inspections, statistical reports and so on. However, at the same time, law enforcement personnel have not been supplemented accordingly. Many supervision institutions only have 2 to 4 people, and receive 2 to 3 documents issued by superiors every day on average, which makes some supervision work become a mere formality, focusing only on work marks and not on actual work. Coupled with the continuous and strict accountability, law enforcement officers in some places have a fear of being unwilling and afraid to enforce the law. The absence of grass-roots supervision power also leads to a large backlog of work in the county bureau, which affects the performance of the county bureau’s work responsibilities. Second, the professionalism of grassroots supervisors needs to be improved. There is a general lack of professional knowledge and technical personnel in the fields of food and medicine, medical equipment, special equipment, standard measurement, etc., and it is difficult to deal with slightly complicated cases. It is often the case that the documents issued by the county and district bureaus to the town (street office) are not implemented.The person who receives the document does not know the business, and the person who knows the business is not on the job or has been going to the countryside for a long time.
(2) The phenomenon of brain drain and deviation from the main business is serious.
Comrades at the grassroots level generally reported that after the market supervision office was placed under the management of the town (street office), the focus of work shifted, and even the government decrees were not smooth, and some important supervision tasks could not be implemented, which further weakened the market supervision and law enforcement force that was already in serious shortage, and the grassroots supervision ability declined, and the "last mile" of market supervision was neglected. First, after some town (street office) market supervision offices were placed under the management of town offices, market supervision personnel, especially young effective forces and professional law enforcement backbones, were transferred or misappropriated to complete government work, resulting in a serious loss. Some supervisors come from other departments of the town (office) government, have no law enforcement experience and qualification, and can only engage in law enforcement work in the name of others, which poses great legal risks. According to statistics, as of the end of 2018, among the 288 township (street office) market supervision offices in Hanzhong City, only 45% were on the job. Second, the market supervision office has to accept various tasks assigned by the town (street office). In addition to undertaking normal market supervision work, it is also engaged in a large number of town (office) work, including securing villages, demolition, creating health facilities, assisting in handling letters and visits, banning straw burning, flood control, environmental protection, etc. The focus of work is mainly on township work, and in some areas, township work even accounts for 80% of grass-roots work, and the directors of some township offices also serve as poor villages. For example, a township market supervision office in Ankang visited by the research team has only two offices, and there is an administrative license acceptance window in the government service hall, with only one cadre on duty.It is simply impossible to undertake heavy market supervision and law enforcement work.
The research team learned that individual market supervision offices, which are still dispatched by county-level market supervision departments, are facing serious pressures and problems after institutional reform, but due to the relatively stable law enforcement personnel, clear supervision responsibilities, smooth uploading and distribution, and good implementation of grassroots tasks, market supervision work has been carried out in an orderly manner in the past year.
(3) The number of law enforcement cases dropped sharply.
The research team learned that the number of law enforcement cases handled by the market supervision institute has dropped significantly, and even zero cases have been handled every year, exposing a large number of regulatory risks and hidden dangers. According to statistics, the number of law enforcement cases handled by most market supervision offices in transferred towns (street offices) has decreased by about half compared with that before 2015, and in some areas it is less than one-third before the transfer. For example, in Hanzhong City, before 2015, the town (street office) supervision office, as the dispatched office of the county bureau, was basically able to focus on supervision, and the supervision and law enforcement were in place. In 2015, various management offices investigated and handled 798 cases of various types, which declined year by year after being transferred to the town (street office) management, and only 200 cases were handled by most supervision offices in 2018. In the first half of this year, after the functional integration, the number of food and drug illegal cases investigated and handled also decreased by 43% compared with the same period last year.
(four) the identity of law enforcement personnel is different, and the people’s hearts are unstable.
Most of the supervision offices managed by towns (street offices) are public institutions, and the staffing of law enforcement personnel in the offices is different. The former industrial and commercial law enforcement personnel are mostly administrative, while the food and drug law enforcement personnel are basically career-oriented. In addition, some quality supervision law enforcement personnel are prepared for the public service, and a large number of law enforcement tasks such as price and salt affairs are diligent. After the combination, there are few administrative personnel and many career-oriented personnel, especially those who are diligent, accounting for a large proportion. Due to the different identities of personnel, especially the establishment of some self-supporting undertakings, the employees are paid differently for equal work, which greatly affects the enthusiasm of grassroots personnel in law enforcement and case handling.
(E) inadequate protection has affected the effectiveness of supervision and law enforcement.
Grassroots comrades reported that many market supervision offices, especially those under the management of towns (street offices), are seriously short of office funds. There is a big gap between the office space of some supervision offices and the requirements for standardized construction of grassroots supervision offices issued by the General Administration. However, in some areas, staffing, vehicle establishment, and law enforcement fund guarantee are not allocated according to the standards of administrative law enforcement units, but related resources are allocated according to management units, so the gap between law enforcement work guarantee and work needs is extremely large, and the construction of law enforcement teams is seriously lagging behind. For example, there are 8 state-level poverty-stricken counties in 11 counties in Hanzhong City, with poor economic foundation, and a large gap in law enforcement funds, law enforcement vehicles, law enforcement recorders, rapid inspection and testing equipment, which cannot meet the needs of supervision and law enforcement, seriously restricting the improvement of supervision efficiency.
Fourth, thinking and suggestions
(A) Analysis of the legal orientation and functional orientation of the market supervision office
According to the spirit of the central document, the Plan for Deepening the Reform of the Party and State Institutions adopted at the Third Plenary Session of the 19th Central Committee in communist party, China stipulates that "the law enforcement responsibilities and teams of industry and commerce, quality inspection, food, medicines, prices, trademarks and patents should be integrated to form a comprehensive law enforcement team for market supervision. Guided by the State Administration of Market Supervision. Encourage local governments to integrate other law enforcement teams that go directly to the market and enter enterprises, face the grassroots and face the people, such as business law enforcement and salt law enforcement, into the comprehensive law enforcement team of market supervision. " The Guiding Opinions on Deepening the Reform of Comprehensive Administrative Law Enforcement of Market Supervision issued by the General Offices of the General Office of the Central Committee of the CPC and the State Council on November 26, 2018 pointed out that "integrate the strength and resources of stations in towns (streets) in the field of market supervision, set up a unified comprehensive administrative law enforcement team for market supervision, be responsible for basic supervision, and exercise the power of administrative punishment according to law. As an agency of the county (city, district) market supervision bureau, the county (city, district) market supervision bureau will take charge of it. To make provisions on the functional orientation and work affiliation of the comprehensive law enforcement team of market supervision.
According to the provisions of laws and regulations, according to the relevant provisions of the Administrative Licensing Law and the Administrative Punishment Law, for example, the market supervision office, as an agency of the county-level market supervision department, can directly exercise the market supervision function according to law. If the market supervision office is placed under the management of the town (street office), there are three ways to realize the statutory authority. First, it is authorized by laws and administrative regulations; Second, with the approval of the State Council, the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government decide an administrative organ to exercise the administrative licensing power of the relevant administrative organs; The State Council or the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government authorized by the State Council decide that an administrative organ shall exercise the administrative punishment power of the relevant administrative organs; Third, it is entrusted by the county-level market supervision department to exercise its functions and powers (administrative license can be entrusted to other administrative organs, and administrative punishment can be entrusted to legally established institutions that manage public affairs). At present, most transfer offices in Shaanxi adopt the third way. As a public institution, they are entrusted by the county market supervision bureau to exercise part of their functions and powers, and the county market supervision bureau bears legal responsibility for the consequences of their actions, resulting in a mismatch between rights and responsibilities to a certain extent.
Judging from the practice of law enforcement at the grass-roots level, the southern part of Shaanxi Province, which was investigated this time, was mainly transferred to market supervision offices managed by towns (street offices). These market supervision offices generally deviated from the main business of supervision, weak law enforcement power and insufficient professional ability, which had a great impact on law enforcement and case handling. The career development of market supervision cadres also faced many uncertainties, which affected the development of market supervision and law enforcement and the maintenance of market order to a certain extent.
(B) Suggestions on further strengthening the construction of grass-roots market supervision institutions
The market supervision department undertakes the daily supervision and administrative law enforcement functions in the fields of industry and commerce, quality inspection, food, medicine, price and intellectual property rights, and is equivalent to the "police" in the economic field. Whether the market supervision responsibility can be fulfilled in place is directly related to the well-being of the people. Grass-roots market supervision institutions are the tentacles and nerve endings of market supervision departments, and whether their functions can be fully exerted directly affects the performance of market supervision functions. Comrades at the grassroots level reported that the law enforcement power of the county market supervision bureau is relatively weak, and the law enforcement field in the jurisdiction is wide and the jurisdiction area is large, so it is impossible to achieve comprehensive and effective supervision, especially in the areas where food, drugs and special equipment are supervised in the whole process. Extending to the grassroots level with the help of dispatched agencies is an important means to improve the supervision efficiency. Grassroots people also generally believe that it is necessary to set up a market supervision office around them, so that the people can feel more at ease, at ease and at ease, which is conducive to timely accepting and solving complaints and reports from the masses, discovering problems in the market, protecting consumers’ rights and interests, and safeguarding the vital interests of the people. Therefore, it is suggested to further consolidate and strengthen the power of grassroots market supervision institutions. First, further research and demonstration should be carried out to identify the difficulties and pain points in the work of grass-roots market regulators, find out the root causes of the problems and study effective solutions. Second, combined with the problems found in the investigation, in accordance with the instructions of the leaders of the General Administration, clarify the legal position of the market supervision office, refine its work responsibilities, actively coordinate with the legislature, promote the formulation of the Regulations on Market Supervision Office, solidify it at the administrative regulations level, and promote the work of the market supervision office to get on the right track as soon as possible. Third, strengthen basic infrastructure,Enrich the grassroots market supervision and law enforcement team, increase training, accelerate the cultivation of specialized market supervision and law enforcement cadres, strengthen the funding and hardware guarantee of grassroots market supervision institutions, and improve the level of informationization.
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