2023 Provincial Courts
Excellent judicial advice
Fuzhou Intermediate People's Court has been rated for four consecutive years
On January 17, the Fujian High People's Court issued the "Notice on the Selection Results of Outstanding Judicial Recommendations of Provincial Courts in 2023", and the four series of judicial suggestions formulated and issued by the Fuzhou Intermediate People's Court on filling the blind spots in food safety administrative supervision and strengthening the "connection between executions" were awarded the "2023 Provincial Court Excellent Judicial Recommendations". Previously, the Fuzhou Intermediate People's Court has been consecutively awarded the "Top Ten Excellent Judicial Recommendations of Fujian Courts" from 2020 to 2022.
01
The origin of the problem
In the course of hearing a criminal case of endangering food safety, the Fuzhou Intermediate People's Court found that in the aquaculture link, there were blind spots in the supervision of the administrative department for the harmless treatment of sick and dead animals in the aquatic industry; in the food processing link, the food safety supervision department of a certain city had negligence in the supervision of raw materials and quality inspection and supervision of the processing site; and in the criminal prosecution link, the entrusted appraisal (testing) procedures between the public security organs and the administrative departments were not smoothly connected.
02
Suggested content:
After a thorough investigation and visit, the Fuzhou Intermediate People's Court issued four series of judicial recommendations to the administrative director and the public security organ on April 11, 2023, the main contents of which include: 1. Carry out special inspections and joint law enforcement activities. Further strengthen the supervision of the harmless treatment of aquaculture animals, retrospectively supervise the animal meat procurement channels in food business establishments, and "crack down early and small" on illegal acts such as non-compliance with regulations, arbitrary disposal, trafficking, operation, and processing of sick and dead animal meat and products. 2. Closely link the appraisal procedures between administrative organs and investigative organs. 3. Optimize the deployment of investigation efforts in criminal cases involving a large number of criminal suspects and a huge amount of crime endangering food safety. 4. Initiate investigation procedures for administrative violations of the food processing factories involved in the case that are not punished as unit crimes in accordance with law.
03
Suggested effect
The series of judicial suggestions have attracted great attention from the four suggested units, and the Fuzhou Intermediate People's Court has continued to follow-up, cooperate with, and support relevant departments to carry out improvement work. The Fuzhou City Food Safety Action Deployment Conference was held, and the content of the judicial recommendations was written into the "Fuzhou 2023 Food Safety Action Work Plan" and the "2023 Work Plan for the City's "Food Safety Project" to Control "Table Pollution". At the invitation of the administrative department, the Fuzhou Intermediate People's Court sent personnel to hold a lecture on "Explaining the Law with Cases" for the administrative law enforcement personnel at the two levels in Fuzhou, the aquaculture association, and the aquaculture operators, which won unanimous praise from the audience. The trial extension work related to food safety governance was reported on the front page of the People's Court Daily, published by the Fujian Provincial Party Committee's "Ba Min Express", and promoted by the Fujian Provincial High People's Court throughout the province.
04
Typical significance
The formulation and issuance of a series of judicial recommendations thoroughly implements the concept of active justice, actively promotes the implementation of harmless treatment of sick and dead breeding animals by business entities, effectively fills the loopholes in administrative law enforcement and supervision, resolves major risks in the field of food safety at the front end, helps the local aquaculture industry chain to continue to develop, creates a "clean and upright" business environment, and promotes the effective governance of crimes endangering food safety.
In the next step, the Fuzhou Intermediate People's Court will further adhere to and develop the "Fengqiao Experience" in the new era, uphold the concept of active justice, conscientiously implement the "Provisions of the Supreme People's Court on Several Issues Concerning the Work of Judicial Suggestions for Comprehensive Governance", participate in the "big article" of social governance with the "small incision" of judicial suggestions, and actively promote and improve the "four-source co-governance" system of litigation sources, case sources, enforcement sources, and visiting sources, and effectively play an important role in the construction of a safe Fuzhou and a Fuzhou under the rule of law.
Text: Second Criminal Division
Edit: Cloud