China Focus
The problem of the problems of Changchun Changsheng creatures in Jilin, China has recently detonated public opinion and social attention.One of the very important reasons why this kind of vicious drug safety incident is difficult to cure is that the punishment is insufficient, the cost of illegal crimes is too low, and the income of infringement to illegal criminals is far greater than possible compensation and punishment facing possible.Essence
Driven by the mentality of profit -seeking, illegal crimes have become an Andrdquo; although the relevant departments have repeatedly stated their pharmaceutical safety incidents on the pharmaceutical safety incident in the field of pharmaceutical fields, requiring this kind of behavior to touch Andrdquo;, Give the most severe punishment and the most serious accountability, but when the "strictest punishment of Andrdquo; the most severe punishment of Andrdquo; there are often light, so the governance effect is not obvious.
The leader of the Chinese President of China recently made instructions on this vaccine case, emphasizing that it is necessary to ensure the safety of drugs, always put the health of the people in the first place, and make every effort to ensure the vital interests and social safety and stability of the masses.Indeed, drug safety is not only related to the vital interests of the people, but also related to government reputation and social stability.
Take this problem vaccine incident as an opportunity to increase Andrdquo in the field of drugs in the drug field.
The so -called punitive compensation is to order the infringer to give an additional compensation to the infringer in addition to the loss of the infringement.On the one hand, this system aims to change the situation where the amount of rights protection is too high and the amount of compensation is low, thereby protecting the awareness of rights and rights protection.On the other hand, it is also aimed at giving the infringer a strong punishment and a deterrent to other market actors, thereby achieving the effect of preventing infringement and maintaining the order of the market economy.
In China's current legal system, although the "Consumer Rights Protection Law" has relevant provisions of punitive compensation, its punishment is limited to double compensation.Article 55 of the Law stipulates that if an operator provides fraudulent behaviors or services, the loss of compensation shall be increased in accordance with the requirements of consumers, and the amount of compensation shall be increased by three times the price of the purchase price for consumers or the cost of receiving services.; The amount of compensation is less than 500 yuan, which is RMB 500.
The "Food Safety Law" is more intensive than punitive compensation than the "Consumer Rights Protection Law", but the intensity still needs to be strengthened. Article 148 stipulates that the production of food or business that does not meet food safety standards is not in line with food.In addition to requiring compensation for the loss of food for safety standards, consumers can also require producers or operators to request a price of 10 times the price or three times the loss of compensation; if the amount of compensation is less than 1,000 yuan, it is 1,000 yuan.
From a legal perspective, because drugs are not food, compensation for drug safety cannot be applied to the "Food Safety Law", and there is no special punishment clause in the current "Drug Management Law". Therefore, consumers encounter drug safety.At the time of the problem, we can only seek relief through the "Consumer Rights Protection Law".In other words, the punitive compensation that consumers can get are generally limited to twice.
However, for many products in the field of drugs, large sales and low unit prices are very prominent. The intensity of the above double compensation is obviously not enough to deter the infringers.Economic motivation resort to law.
In addition, the ineffectiveness of the medicine may often have a certain time stagnation in terms of consequences, and sometimes it is not easy to be found. Consumers are in an unfavorable position in information asymmetry. When the responsibility appraisal is appraisal, it is often often appraisal.There are many technical difficulties.
In view of this, and considering that drug safety is related to the health of the people, the "Food Safety Law" should be considered to revise the "Drug Management Law" with reference to improving the punitive compensation of drug safety as soon as possible.The 10 times compensation stipulated in the law should be high.Because the profit margin of the pharmaceutical industry is usually high, if the expected compensation amount is too small, the pharmaceutical manufacturers and sellers can easily include it in the operating cost, or be paid by the product liability insurance.In this way, it is difficult to curb illegal crimes in the field of drug safety.
In addition, administrative fines in the drug field need to be improved urgently.The current "Product Quality Law" of illegal products is generally limited to three times. The "Drug Management Law" is punished by the "Product Quality Law".Two times the lower limit and five times the upper limit.However, this punishment is much lower than the relevant provisions of the "Food Safety Law".
For illegal food production and operation activities, the "Food Safety Law" stipulates that if the value of the value of the goods exceeds 10,000 yuan, the value of the value can be given five, 10 times, 15 times, 20 times, and even 30 times according to the different circumstances of the plot.Subsidity.
Considering that drugs and foods are almost equally important for the people, it is also imperative to improve illegal punishment for the pharmaceutical field compared to the "Food Safety Law".The idea is a typical Andrdquo; thinking. If the drug operators have no basic bottom line and ethics, a prosperous and development pharmaceutical industry will be harmful for China, which will endanger the people.Good health also damages the people's confidence in the party and the country.
It is necessary to fully learn from the deep lessons of the problem of the vaccine again, in addition to further improving supervision and supervision, accelerate the research to increase the efforts of punitive compensation and administrative fines in the pharmaceutical field, to fully mobilize the enthusiasm of the people's rights to protect their rights, and increase administrative law enforcement.The efficiency and intensity, maintain the high -pressure red line situation of drug safety, effectively meet the people's growing needs of a better life, and maintain social safety and harmony and stability.
The author is the vice chairman of the Silk Road National Strategy (Xiamen) Research Center
The article only represents personal point of view
