Experts say that to solve the problem of "the first milk", the regulatory authorities must be dealt with first

"If the newborn needs formula feeding, the hospital should provide more than three brands of milk powder for the family members to choose from." This is a measure recently issued by Tianjin Health Bureau To be exact, the family's choice of milk powder began on September 16 On this day, CCTV exposed that medical staff in many hospitals in Tianjin accepted bribes from milk companies, revealing the hidden grey chain behind the "first bite of milk" Now, the "first milk" event is still fermenting According to CCTV, the hospitals involved have expanded from Tianjin to seven provinces, including Beijing and Heilongjiang In April alone, Domex paid nearly 500000 yuan to medical staff in these seven places It remains to be seen whether there are more provincial and urban hospitals involved According to the information disclosed by the media, it is not accidental to manipulate the "first milk" of infants, but the underlying rules of the industry Is it the lack of relevant laws and regulations, or the absence of laws and regulations? Is it unheard of by the relevant regulatory authorities, or just sitting around? How to make the right to know and the right to choose "the first milk" really return to the family? The reporter of Legal Daily conducted an investigation On the afternoon of September 24, Mr Wang, a citizen of Tianjin, accompanied his wife to inspect the children who had just completed three months Mr Wang said that three months ago, the child was just born in Tianjin Central maternity hospital and lived in the hospital for four days The hospital directly fed milk powder to the child "The hospital didn't guide us to breastfeed and didn't tell us the brand of milk powder At that time, our family were immersed in happiness and didn't know what the meaning of" the first bite of milk "was What the doctor said, we would What's the matter The couple have been paying attention to the report of "the first milk" recently Mr Wang said: "it's too common The children my friends gave birth to in other hospitals are basically the same as mine It seems that many hospitals have such problems I think as long as there is no problem with the quality of milk powder, it can be accepted Now we are most worried about whether the "first milk" will have dependency, affect the nursing process, and affect the health of children " In response to the problem of infant feeding, experts say that "first milk" will not make infants addicted, but it is best to breastfeed In response to the incident, the health and Family Planning Commission and the Tianjin Municipal Health Bureau said that it was strictly prohibited for medical institutions and their personnel to promote breast milk substitutes, and strictly investigated and punished the illegal behaviors of relevant medical personnel The marketing of milk powder into hospital is not a case It can even be said that it is a clear rule in the industry Although it violates the relevant provisions of the state, there are few penalties, which make these enterprises more confident In this regard, many parents think: "now their attitude towards this matter has become that as long as the health of their children is not affected, there is no problem with the quality of milk powder, and it is normal for hospitals to accept bribes Which industry does not have a little gray income?" in fact, the rules to regulate breast milk substitutes have already been issued In 1995, China issued the "management measures for the sale of milk substitutes", which explicitly prohibited milk powder manufacturers from marketing and promoting milk powder products to pregnant women in hospitals This method has clear regulations on the behaviors that milk enterprises, hospitals, doctors and other links involved in milk powder sales management cannot be engaged in, and the punishments that should be imposed by which departments However, in spite of the detailed provisions, the parents' right to choose is "naturally" deprived Qiu Kai, a lawyer in Tianjin, noted that the punishment for violation of the regulations in the administrative measures is only an administrative punishment for the producers and sellers to "order them to stop selling, order them to take back the sold products, order them to improve within a time limit or impose a fine of less than 30000 Yuan", and for the medical and health care institutions or their personnel to "give a warning, confiscate their illegal income and impose a fine" "This kind of punishment is no doubt a small thing for the milk powder enterprises and medical and health care institutions that have made a lot of money." Qiu Kai said that the system that could control the "first milk" had become a decoration #P ා after the exposure of the event of "the first milk with bad effect" in the anti commercial bribery regulations, Tianjin Municipal Health Bureau held a special meeting to establish a special investigation team led by the discipline inspection department to investigate, verify and obtain evidence one by one on the relevant situation At the same time, it is deployed throughout the system to conduct in-depth investigation and self-examination and self correction The health and Family Planning Commission issued a notice on the 17th, requiring strict implementation of the "mother and child health care law" and its implementation measures, the "management measures for the sale of breast milk substitutes", forbidding medical institutions and their personnel to promote the promotion of breast milk substitutes, and strictly investigating and punishing those institutions and personnel who violate the regulations in accordance with the relevant provisions The notice requires and points out that it is strictly prohibited for medical institutions to accept gifts and sponsorships from breast milk substitutes producers and sellers, and to receive kickbacks and obtain benefits It is strictly prohibited for producers and sellers of breast milk substitutes to do various forms of marketing and publicity in medical institutions, post advertisements or distribute relevant materials, and display and promote breast milk substitutes It is strictly prohibited for medical institutions and their personnel to promote breast milk substitutes to pregnant women and infant families, and to provide breast milk substitutes to pregnant women and their families If the medical institutions and their personnel violate the relevant provisions, they shall be strictly investigated and punished in accordance with the Interim Measures for investigation and handling of violations of disciplines and rules of medical institutions and the code of conduct for employees of medical institutions and other relevant provisions If the circumstances are serious, the number of medical institution reviews shall be reduced and relevant responsibilities shall be investigated Medical institutions and their personnel involved in commercial bribery shall be investigated for criminal responsibility "There is no loophole in the law itself, and the main reason for poor enforcement is the concealment of covert transactions between hospitals and milk companies, which is hard to detect." He Hongfeng, Professor of Law School of Nankai University According to he Hongfeng, although the Interim Provisions on banning commercial bribery issued in 1996 have been promulgated for many years, the actual effect is not great, and commercial bribery is still prevalent in some industries He Hongfeng believes that the hospital should be the largest responsible body in the "first milk" incident The hospital has the duty to remind "the first milk" of breastfeeding and to be responsible for the safety of "the first milk" If hospitals and medical staff start from the purpose of pursuing profits and lack of sense of responsibility and shame, dairy enterprises will naturally take the opportunity to enter Gao Qinwei, a professor at the Law School of the Central University of Finance and economics, agrees: "in this case, the first thing is that the hospital bears the responsibility of inadequate management Enterprises and medical staff collude with each other and cooperate to make money If they violate the law, they must also bear corresponding responsibilities " The first paragraph of Article 8 of the anti unfair competition law stipulates that "business operators shall not use property or other means to bribe to sell or purchase goods Whoever secretly gives a kickback to the other party's unit or individual outside the account shall be punished as a bribe; if the other party's unit or individual secretly accepts a kickback outside the account, it shall be punished as a bribe " "In this event, if the milk powder distributor and medical institutions and personnel have the above practices, the milk powder distributor may constitute bribery, and the medical institutions and medical personnel may constitute bribery." Tianjin lawyer Yang Wei said In 2008, the Supreme People's court and the Supreme People's Procuratorate issued the opinions on Several Issues concerning the application of law in handling criminal cases of commercial bribery, in which it is clear that the staff of medical institutions take advantage of their positions to accept property and kickbacks, and will be convicted of the crime of bribery in the criminal law "Therefore, relevant enterprises should also be punished by criminal law." Gao Qinwei suggested that the relevant parties may take the "first milk" suspected of bribery as an opportunity to conduct a comprehensive investigation of all kinds of hidden bribery in the medical field and give the public a clear account #P ා the supervision department should also be responsible for the fact that the investigation team still hasn't published the investigation content In response to the manipulation of the child's "first milk", some netizens said bluntly: "this time, it was discovered by the media, but it's not the relevant department responsible for supervision and management." Relevant personnel said that it is essential to fundamentally cut off the medical monopoly channel of milk powder and return the right to know and the right to choose of "the first milk" to parents To protect their "first milk" for our next generation, we should use the system to regulate all kinds of illegal acts, at the same time, we should pursue the responsibility of those departments responsible for law enforcement and supervision, and implement the rigid constraints of the system On September 25, the reporter came to Tianjin Health Bureau, and Ms Lu, a staff member of publicity department, received the reporter When asked about the progress of the investigation into the "first milk" incident, she said: "now it is the Municipal Commission for Discipline Inspection that has led the establishment of a special investigation team, and the specific details of the investigation have not been released to the public." Ms Lu has always stressed that she does not know much about the whole investigation, after all, they are just propaganda departments When asked if she could interview people who know more about the situation, she said: "now they are all investigating below, which is not convenient to be interviewed." Ms Lu opened the official website of the health bureau and pointed it out to the reporters: "on September 16, she has released a statement to the public, and the follow-up information can only be inquired about by the Municipal Commission for Discipline Inspection." The reporter saw on the official website of Tianjin Health Bureau that the bureau had made a special explanation about the media's report on "the first taste of milk" The note pointed out that the state and our city have very clear system requirements and regulations on commercial bribery in the field of medicine purchase and sale, and the Municipal Health Bureau also has specific normative requirements in combination with relevant national regulations The attitude of the municipal health and health bureau is clear and distinct for medical personnel to take advantage of their positions to accept other people's property, and will be seriously handled in accordance with the regulations Tianjin Health Bureau also quickly announced three measures: forbid medical institutions to accept gifts from breast milk substitutes; if the newborn needs formula milk feeding, the hospital should provide more than three brands of milk powder for family members to choose; strictly implement the relevant provisions of breast milk feeding, and never tolerate the medical staff's taking advantage of their position to receive other people's property The reporter also learned that after the media exposed the problem of "the first milk" in Tianjin, Tianjin municipal Party committee and municipal government held a special meeting overnight and decided to form a joint investigation team composed of the Municipal Commission for Discipline Inspection, the Municipal Supervision Bureau, the Municipal Public Security Bureau and the Municipal Health Bureau to conduct a comprehensive and in-depth investigation, quickly find out the specific situation and determine the nature of the problem Once verified, we will not tolerate the managers and the directly responsible persons, and we will deal with them seriously according to the law We will never protect the problems reflected by the media, nor condone them Once we find out, we will explain them to the people Who recommends breastfeeding 1 Pure breastfeeding is recommended for the first six months Breastfeeding begins in the first hour of life 2 Breast milk can provide all nutrition needed for infant development, and contains antibodies that can help infant resist common diseases 3 Breast feeding can reduce the risk of breast cancer and ovarian cancer of the mother and help to recover to the pre pregnancy weight 4 Breastfeeding (of children) is good for maintaining good health for life 5 The formula does not contain antibodies in human milk 6 Mothers infected with HIV should receive antiretroviral treatment when breastfeeding 7 The sale of breast milk substitutes should be regulated For example, breast milk substitutes shall not be promoted; samples of substitutes shall not be provided free of charge 8 Breastfeeding needs learning, and health institutions can learn from