In response to the people's "urgent difficulties and expectations" worries, the State Administration for Market Supervision organized a nationwide "Iron Fist Action" in April this year to make the supervision grow teeth and make the people smile. Half a year has passed, and the "Iron Fist Operation" has achieved good results. Under the pattern of "big market, big supervision", the market supervision department innovates the "people-oriented" diversified supervision model, so that the teeth of supervision are getting sharper and sharper, providing effective channels and institutional guarantees for the public to participate more deeply and more widely in the supervision of the public industry, forming an efficient and three-dimensional multi-subject collaborative supervision mechanism, creating a good atmosphere of "social co-governance", and further improving the people's sense of gain.
Recently, a reporter from China Economic Network learned from the fifth batch of typical cases of iron fist operations released by the Law Enforcement inspection bureau of the State Administration for Market Supervision that the Market Supervision Bureau of Dingyuan County, Anhui Province, together with the police, successfully detected a case of extraordinarily large production and sale of inferior chemical fertilizers, and the criminal suspects produced "Jiaxin", "Hui kai" and "Longxi" and other brands of potassium-free "compound fertilizers", and sold them to other cities and counties in the form of "low-cost customization", involving an amount of more than 14 million yuan. The case was cracked, and the people clapped their hands and applauded.
Mass Reports Market supervision and public security set up a special action group to dig deeper
How did such a major case come to be solved? How can regulatory authorities implement regulatory innovation to form a new ecosystem of social co-governance? With questions, the reporter interviewed the relevant person in charge.
According to reports, on May 15 this year, the Dingyuan County Market Supervision Bureau received a report from the masses that a certain agricultural materials management department in Jiangji Town, Dingyuan County, was suspected of selling inferior fertilizers. In this regard, the Market Supervision Bureau attaches great importance to it, and through careful deployment and in-depth planning, it quickly finds out the purchase and sale channels of inferior fertilizers operated by the agricultural material store.
"Due to the large amount of money and wide range of aspects involved in this case, in order to ensure the safety and smoothness of the investigation and handling operations and the success of one blow, our bureau has drawn elite forces from the business unit, the inspection brigade, and the grass-roots supervision institutes, and at the same time, jointly with the public security organs, set up a special action group to expand the scope of investigation and carry out further in-depth investigation of this case." The person in charge of the market supervision department of Dingyuan County said.
Subsequently, on May 17, the special action team conducted an on-site inspection of the agricultural materials store in Jiangji Town, Dingyuan County, and found that the labels of some fertilizers in the store were missing the factory name, factory address and other effective information.
After sampling testing, the nutrient content of 50kg "Jiaxin" brand compound fertilizer (N-P2O5-K2O 16-16-16) and 25kg "Jiaxin" brand granular nitrogen fertilizer (nitrogen ≥ 25%, calcium, magnesium, zinc ≥ 1.5%) operated by the agricultural material store is lower than the national standard and is an unqualified product.
After the law enforcement personnel sealed the unqualified fertilizer on the spot, they immediately inquired and investigated the operator.
"After investigation, the inferior fertilizers sold by the agricultural material store were all purchased from a fertilizer factory in Linquan County, Fuyang City, and the fertilizer factory sold illegal fertilizers to other cities and counties such as Fuyang and Chuzhou without obtaining a production license, and the quantity was huge." The person in charge of the market supervision department of Dingyuan County said.
In order to completely destroy the criminal network and cut off the chain of interests, the special action group started from the sales channel, dug deep along the line, and immediately drove to Fuyang Linquan to carry out the network collection operation.
"This operation destroyed the illegal fertilizer production and sale dens hidden in the rural areas of Linquan County, arrested 13 people involved in the case, seized 14 tons of finished fertilizer, 61.5 tons of compound fertilizer raw materials, 24,000 packaging bags, seized 1 vehicle involved in the case, seized 2 fertilizer production lines, and recovered 150,000 yuan of illegally obtained funds." After testing, the products such as "Jiaxin", "Hui kai" and "Longxi" produced by Li Mou and others are seriously unqualified inferior fertilizers. The person in charge of the Dingyuan County Market Supervision Comprehensive Administrative Law Enforcement Brigade introduced it to reporters.
After investigation, in September 2020, the criminal suspects Li X, Li X and Gao X were driven by interests to illegally produce multiple brands of compound fertilizer such as "Jiaxin", "Hui Kai" and "Longxi" in a factory building in Linquan County.
It is understood that when criminals sell to the outside world, the production of outer packaging labeled with nitrogen, phosphorus, potassium content, in fact, the production of fertilizer has not added potassium fertilizer, in addition, also launched a "low-cost customized" compound fertilizer sold to Henan, Shandong, Hubei and other places, the amount involved in the case up to more than 14 million yuan.
Seamless connection between market supervision and public security Completely cut off the black interest chain across regions
China Economic Network reporter learned that Anhui Dingyuan County is a large agricultural county, it is the spring ploughing season, farmers have a strong demand for various types of fertilizers, if you do not severely crack down on the illegal behavior, it will bring huge economic losses to the majority of farmers.
However, in the process of law enforcement, law enforcement personnel face a dilemma: after preliminary investigation, the fertilizer plant is in the Dingyuan County area, and the case value of selling inferior fertilizer has not yet reached the standard for criminal filing, and can only be given administrative penalties, but according to the dealers, the factory has a large production scale and a developed sales network, if it does not further cross-regional thorough investigation and deep digging, it will bring greater economic losses and serious social impact.
In order to completely cut off the black interest chain of making and selling inferior fertilizers, the Dingyuan County Market Supervision Bureau took the initiative to actively innovate and solve problems, repeatedly took the initiative to ask for instructions and reports to the superiors, formed detailed case investigation materials, and at the same time contacted the Dingyuan County Public Security Department, through seamless connection and close cooperation between the two departments, fully formed a joint force for law enforcement, and finally successfully destroyed this pit farmer and harmed farmers' production and sales dens, and effectively safeguarded the legitimate rights and interests of the broad masses of peasants.
According to the person in charge of the market supervision department, the above-mentioned acts of the parties Li X, Li X, Gao X and others violated Article 32 of the Product Quality Law of the People's Republic of China: "Producers producing products shall not be adulterated or adulterated, and shall not be false or shoddy, and shall not be passed off as qualified products with unqualified products." ”
In addition, the parties also violated article 17 of the Anhui Provincial Implementation Measures: "The quality, labeling and packaging of the products produced and sold must comply with the provisions of the Product Quality Law and other relevant laws and regulations, and shall not produce or sell counterfeit and shoddy products and products that the state expressly prohibits the production and sale of." The place of origin shall not be forged, or the name or address of others shall not be forged or fraudulently used. " provisions.
According to the person in charge of the public security department, according to article 140 of the Criminal Law of the People's Republic of China, "producers and sellers dop or adulterate products, pretend to be genuine with fakes, and pass off unqualified products as qualified products", their behavior is suspected of constituting a crime and needs to be investigated for criminal liability according to law. In accordance with article 22 of the Administrative Punishment Law of the People's Republic of China, article 3 of the Provisions on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs, and the second paragraph of Article 16 of the Interim Provisions on Administrative Punishment Procedures for Market Supervision and Management, the Dingyuan County Market Supervision Bureau transferred the case to the Dingyuan County Public Security Bureau for further handling, and at present, Li Mou and 7 other people have been taken criminal compulsory measures in accordance with the law.
Diversified participation in collaborative supervision opens up a new situation for private affairs
As we all know, agricultural commodities such as fertilizers are materials to ensure food security. The "Iron Fist Action" to crack down on lawbreakers to escort food security while also protecting the interests of farmers and won the praise of the people.
"This case is a case of strong and powerful joint investigation. It is a typical case of the combination of the 'Iron Fist Action' and the spring ploughing and protection of agricultural materials to crack down on counterfeiting, and the successful investigation and handling of this case not only formed an effective deterrent to the lawbreakers and criminals who manufacture and sell fake and shoddy agricultural materials, but also provided a practical basis for smoothing the "two laws connecting" mechanism to enhance the efficiency of law enforcement and case handling. The person in charge of the Dingyuan County Market Supervision Comprehensive Administrative Law Enforcement Brigade said in an interview with a reporter from China Economic Network.
"Being able to seize such major and important cases is the inevitable necessity of the market supervision department based on its regulatory function and taking the initiative and active action, which is also a true portrayal of all market regulators practicing their original mission and embodying their responsibility with practical actions." The person in charge of the Law Enforcement and Inspection Bureau of the State Administration of Market Regulation said that in the next step, we will continue to closely follow the main line of ensuring people's livelihood, combined with my practical activities for the masses, focus on the people's urgent difficulties and expectations, take many measures to relieve the people's livelihood blockages and pain points, effectively improve the quality of people's lives, and fight the "Iron Fist Action" battle.
Source: China Economic Network