The Supreme People’s Procuratorate (SPP) supervised the handling of cases involving illegal addition of antibiotics and demanded civil liability

2022-06-24 0 By

The reporter learned from the Supreme People’s Procuratorate that the eighth Procuratorial Office of the Supreme People’s Procuratorate recently supervised the handling of a number of public interest litigation clues about illegal addition of drugs to anti-bacteriostatic preparations with “xiao” brand name.The SPP urged local procuratorial organs to urge administrative organs to perform their supervision and management duties in accordance with the law, and investigate civil liabilities of lawbreakers who intentionally break the law and cause serious consequences.Antimicrobial agents illegally added chemicals phenomenon is relatively common bacteria resistant (or) preparations as sterilization products is common in our daily life, but the illegal adding chemical drug, is easy to cause an allergic reaction, lead to drug-resistant strains, influence the water and salt metabolism and a series of side effects, and even cause serious damage to an infant physical development and health.It is reported that the technical information Research Center of the Supreme People’s Procuratorate (SPP) found that illegal chemical drugs were added to the anti-bacteriostatic preparations and the instructions did not meet the requirements during the testing of the anti-bacteriostatic preparations.According to the eighth Procuratorate related person in charge of the introduction, “xiao” brand product anti-bacterial preparations illegal addition of chemical drugs case clue not only involves the illegal addition of producers, but also involves the administrative supervision of market access and supervision after listing.Therefore, the Supreme People’s Procuratorate put forward specific requirements for supervising the handling of clues in such cases, and issued the Notice on Supervising the Handling of The Listing of Clues in Cases of Illegal Addition of Anti-bacteriological Agents with “Xiao” brand name (hereinafter referred to as the Notice).Around the “notice” requirements, the procuratorial organs for clues, grasping the investigation evidence collection material, according to the specific case, overall consideration of administrative public interest litigation, civil public interest litigation, criminal incidental civil public interest litigation, many measures, supervise and urge the supervision and administration of the administrative organ shall perform their duties, illegal, thereby causing serious consequences shall be investigated for deliberately illegal behavior person’s civil liability.At the same time, it is necessary to comprehensively sort out the loopholes in the system and mechanism in the production, testing and supervision of products with “elimination” brands reflected in the handling of cases, and urge administrative organs to improve the mechanism and plug up the loopholes in a timely manner.For the clues that involve provincial administrative supervision departments and have significant influence on the whole province, all localities shall file and handle them as cases handled by provincial institutes themselves.Recently, the Supreme People’s Procuratorate also made arrangements to strengthen the handling of drug safety public interest litigation, requiring the procuratorial departments of public interest litigation at provincial level to strengthen the handling of drug safety public interest litigation by increasing the strength of their own cases, demonstrating and leading local efforts to increase the handling of drug safety public interest litigation.The outstanding problems existing in drug production quality, illegal operation and drug safety in medical institutions will be the focus of handling cases.In terms of drug production quality, the highest inspection requirements should focus on the quality of TCM decoction pieces in addition to continuously paying attention to the problems that do not meet the drug safety standards.In terms of drug distribution, the SPP asked to focus on the flow of recycled drugs and expired drugs into rural private clinics, the sale of fake and substandard drugs through online platforms, and illegal online sales of hormones, narcotics and psychotropic drugs.In response to these prominent problems, the SPP required, on the one hand, to urge drug safety supervision departments to perform their supervision and management duties in accordance with the law through administrative public interest litigation;On the other hand, for the serious subjective fault, serious harm consequences of the criminal, through the initiation of civil public interest litigation, so that the offenders bear punitive compensation liability, so that they do not dare to repeat the pain.Also, in-depth implementation of strengthen coordinated in the prosecution of public interest litigation in accordance with the law, safeguard the opinions of the food and drug safety, and to strengthen health and drug regulatory departments communication and coordination, timely joint to carry out special supervision activities, the implementation of the system of joint conference for consultation and case, the real form combined force of drug safety regulation.Beijing News reporter Sha Xueliang edited by Liu Mengjie proofread by Zhao Lin