Shanghai Municipal Medical Products Administration is going to work through three new reforms about administrative enforcement publication system, whole-process recording system of law enforcement and legal review system of major law enforcement decisions. These reforms are aiming to improve the law enforcement system and relative processes, innovate new law enforcement method and enhance the supervision.
- Administrative enforcement publication system: Open and clear information
- Under the principle of “Who enforces and publishes shall be responsible”, basic information and results of administrative law enforcements shall be timely and correctly publish on the appointed publication platform and website before, during and after the relative administrative law enforcements. If the information involves national secret, trade secret or individual privacy, it could be published under duly process.
- Information which shall be published before include enforcement subject, authority (such as types and basis), procedures, discretion benchmark, relief channels, application guide, list of powers and responsibilities, and documents information of administrative law enforcement personnel, etc.
- Issues as supervision, inspection, investigation, evidence collection, enforcement measure, delivery of law enforcement documents, examination of administrative licensing application and administrative licensing decision, they shall be published during the process.
- Within 20 working days from the date of the law enforcement decision (7 working days for administrative licensing), relevant information shall be published.
- Whole-process recording system of law enforcement: Available track tracing
- Using texts (including papers and electronic documents), photographs, audios and videos to record the initiation, investigation, evidence collection, examination, decision, delivery and execution of administrative law enforcement and file the records into the storage system.
- All the administrative law enforcement documents shall be made under the same unified format and make them into electronic forms.
- For audios and videos, they could be divided into the whole-process recording and the recording as appropriate. If flammable, explosive, aseptic or other high-risk site (place) is involved, recorded audio or video record could not be made.
- If the audio or video record cannot be implemented due to special reasons such as trade secret and safety protection, the corresponding note shall be made and it shall be confirmed by the witness on the spot.
- When starting an audio or video recording, the administrative counterpart shall be informed.
- All case documents shall be strictly filed for management, expect the record won’t be used as evidence in any case or there is no dispute with the administrative counterpart, but the record shall still be saved not less than 6 months.
- Legal review system of major law enforcement decisions: Lawful and effective
- The legal review system of major law enforcement decisions shall be acted under the principle of rationality and legality.
- The review institution shall be the legal department. If there is no legal department, another department that it’s not processing the issue shall be appointed.
- The range of the legal review includes: major public interest, major social impact or social risk, direct relation with major rights and interests of the administrative counterpart or the third party, administrative law enforcement decision which is made through the hearing procedure, and those complicated problems involving multiple legal relations.
- The processes of legal review would be improved, all requirements for the applied documents and the methods, period and responsibilities of the review shall be stated clearly.
If you want to read the complete article, you can refer to the below link (in Chinese only): http://www.shanghaiinvest.com/cn/viewfile.php?id=15640
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Mr. Mike Chang (Partner)