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国务院关于进一步加强药品管理工作的紧急通知 URGENT CIRCULAR CONCERNING FURTHER STRENGTHENING THE ADMINISTRATION OF MEDICIN

2009-03-24 法律英语 来源:互联网 作者:
ing and criminal activities in producing and selling false and inferior medicine, which shall be made an important task for “striking the false”。 The criminal elements producing and selling false and inferi

or medicine shall be resolutely punished according to the “Decision of the Standing Committee of the National People's Congress on Punishments for Crimes in Producing and Selling False and Inferior Commodities”。 Influential and typical cases shall be singled out for exposure.

  The people's governments at various levels shall treat cases of producing and selling false and inferior medicine and other instances in violation of law and discipline as important issues to be addressed in combating corruption. There fore, supervisory departments of the people's governments at various levels shall, according to the provisions of the “Regulations of the People's Republic of China on Administrative Supervision”, exercise supervision over the implementation of law and administrative regulations by staff workers of the departments for administration of health, the departments in charge of the production and sales of medicine, the departments for the administration of industry and commerce and the departments for technical supervision. Those who have abused their power, been negligent in their duties, acted illegally by deception for personal interests and acted in violation of law and discipline through other means, must be dealt with severely according to law. For those engaged in providing unjustifiable protection and support for criminal activities in producing and selling false and inferior medicine for the interests of their own districts or departments and causing serious losses to the people, the leaders of the local governments and the relevant departments as well as the persons in charge and the persons directly responsible must be investigated for responsibility according to law. And if the case is so serious as to constitute a crime, the offender must be investigated for criminal responsibility according to law.

  4. The harmonious cooperation among the departments of the governments shall be strengthened, and the administration of medicine shall be raised to a higher level.

  The administration of medicine is a complicated and systematic project, and the relevant departments of the people's governments at various levels must jointly do a good job in the administration of medicine according to the division of duties, by shouldering their respective duties, and through mutual support and full cooperation.

  The departments for the administration of health at various levels are the government's functional departments that exercise supervision and administration of medicine. The people's governments at various levels and the relevant departments shall fully support and assist the departments for the administration of health in exercising, according to law, its function with respect to its responsibility to supervise and administer medicine.

  The offices of the State Administration of Medicine and the State Administration of Traditional Chinese Medicine and Pharmacy are the departments of the State Council in charge of medicine production and sales, and the local departments in charge of medicine production and sales at various levels shall, according to law, exercise the governmental function of administration of medicine production and sales. The medicine-producing and selling enterprises shall, except otherwise provided by the state, be taken into the scope of the administration of the medicine industry, irrespective of the forms of ownership and the subordinating relationship. The people's governments at various levels and the relevant departments thereof shall fully support and assist the departments in charge of medicine production and sales in the administration of medicine according to law.

  The administration of industry and commerce and the departments for technical supervision and public security, shall strengthen the administration of medicine markets according to their respective duties along with the departments for the administration of health and the departments in c

harge of medicine production and sales.

  In case of disorder in the administration of medicine caused by quarreling, leaving duties and responsibility for others and undermining each other's work, the leaders of the relevant administrative departments shall be investigated for responsibility according to law.

  The departments for the administration of health and the departments in charge of medicine production and sales must, according to the provisions of the Central Committee of the Communist Party of China and the State Council, put into practice the separation of government from enterprises, and shall not use administrative rights to interfere with the enterprises' production and sales. All malpractices applied in purchasing and selling medicine must be resolutely stopped. Fairness and justice, honesty and authority in official duties of the administrative justice departments and the departments in charge of the industry shall be maintained.

  The State Council shall organize the relevant departments in the performance of an in-depth study to revise and perfect the law and regulations on the administration of medicine, further put in order the administrative system for medicine, reform the administrative system for the price of medicine, perfect the supervising system for the quality of the medicine, further raise the country's level for the administration of medicine and promote continued, fast and healthy development of the country's medicine.

  The people's governments of the provinces, autonomous regions, municipalities under the Central Government and relevant departments of the State Council shall, according to the requirements of this Circular, take practical measures to carry out an overall rectification in respect of the present situation regarding the administration of medicine within their regions and departments, and submit reports on the rectification to the State Council before March 1, 1995

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