Reward of up to 2 million yuan for reporting major violations in the field of drugs

Recently, the official website of the State Administration of market supervision asked for opinions on the Interim Measures for reporting and rewarding major illegal acts in the field of market supervision (Revised Draft for comments) (hereinafter referred to as draft for comments) In the draft, the report and reward for major illegal acts are specified, and the current reward standard is improved It is understood that the current "reward measures for reporting the illegal activities of manufacturing and selling fake and shoddy products" (hereinafter referred to as the "reward measures") was promulgated and implemented in October 2001, which encouraged the public to actively report the illegal activities of manufacturing and selling fake and shoddy products, severely cracked down on the illegal activities of manufacturing and selling fake and shoddy products, standardized the reward system for reporting the meritorious personnel, etc It plays an important role After the establishment of the General Administration of market supervision, in order to better serve the reform of the market supervision system, improve the efficiency of supervision and law enforcement and consumer rights protection, and ensure the seriousness of the implementation of laws and regulations, the General Administration of market supervision, together with the Ministry of finance, comprehensively revised the reward measures and formed a draft for comments According to the draft, it violates the laws and regulations related to the quality and safety of food, drugs, special equipment and industrial products in the field of market supervision; violates the laws and regulations related to the competition law, intellectual property rights and anti pyramid selling; has regional and systematic risks; has greater social impact in other fields of market supervision and seriously endangers the personal and property safety of the people Class a major illegal act and the illegal act suspected of crime transferred to the judicial organ for filing are all within the scope of reward after investigation Compared with the current reward measures, the draft has expanded the scope of reward for reporting The draft is intended to encourage the public to supervise and report illegal acts in the field of market supervision In the process of revision, it is proposed to limit the scope of reward, that is, to reward the report of "major illegal acts" and not reward the report of general illegal acts At the same time, the reward standard of the current "reward method" has been improved, and the reward procedure for reporting has been detailed For the level of reward, draft for comments divides it into three levels Level 1 reporting level: provide the detailed illegal facts and direct evidence of the party against whom the report is made, and the content of the report is completely consistent with the illegal facts The report items are found to be especially serious illegal acts or suspected crimes; Level 2 reporting level: provide the illegal facts and direct evidence of the party against whom the report is made, and the content of the report is completely consistent with the illegal facts; Level 3 reporting level: provide the party against whom the report is made The basic illegal facts and relevant evidence, and the reported contents are basically consistent with the illegal facts It is worth noting that Article 12 of the draft for comments is the key clause in this revision, which comes from Article 6 of the reward measures According to the content of the draft for comments, the original "reward measures" calculated the reward amount according to the value of goods During the specific implementation, it was found that the value of goods in many cases was inconvenient to calculate, and even some whistleblowers thought that the value of goods and the value of goods recognized by the law enforcement department were far from each other, leading to litigation cases Therefore, the draft for comments stipulates that the amount of fines and confiscations should be calculated according to the reported cases, taking into account the value of goods involved in the case, the level of reward, the degree of social impact and other factors If the report belongs to the first level reward, 5% of the amount of fine and forfeiture will be awarded If it belongs to the second level report reward, 3% of the amount of fine and forfeiture will be awarded If it belongs to the three-level report reward, 1% of the amount of fine and forfeiture will be awarded In the case of no fines and confiscations, the amount of rewards for reporting at all levels shall not be less than 2000 yuan, 1000 yuan and 500 yuan respectively For the illegal acts involving systematic and regional risks that have caused or may cause significant social harm, the draft for comments will stipulate that the reward amount may exceed the upper limit of 1 million yuan and the maximum shall not exceed 2 million yuan, which shall be determined by the central or provincial financial departments together with the market supervision department Chapter I General Provisions Article 1 These measures are formulated in accordance with relevant laws and regulations on product quality, food, medicine, intellectual property rights, special equipment, protection of consumers' rights and interests, price and other aspects, as well as relevant provisions of the state, in order to encourage the public to actively report major violations in the field of market supervision and promote social co governance Article 2 These measures are applicable to the acts that the market supervision and administration departments at all levels accept the reports of major illegal acts from the public (hereinafter referred to as "whistleblowers", which shall be natural persons) within the scope of their duties, and give corresponding rewards after the investigation and verification are true and the case is closed Article 3 a whistleblower may report a major illegal act in the field of market supervision to the market supervision and administration departments at all levels through written materials, 12315 platform, e-mail or other forms Major illegal act refers to the illegal act that is suspected of committing a crime or being ordered to stop production or business, revoking (revoking) the license or business license, or imposing a large amount of fine and other administrative penalties Where local laws and regulations have specific provisions on major illegal acts, such provisions may be followed Article 4 the reporting of the following major illegal acts, which are verified to be within the scope of the reward of these measures: （1） Food, medicine, special equipment and industry in violation of market supervision Major violations of laws and regulations related to product quality and safety; （2） Violation of competition law, intellectual property rights, anti pyramid selling and other relevant laws Major violations of laws and regulations; （3） Major illegal acts with regional and systematic risks; （4） Major illegal acts in other fields of market supervision that have great social impact and seriously endanger the safety of people's lives and property, which need to be rewarded after being recognized by the market supervision department （5） The illegal act of transferring a suspected crime to a judicial organ for filing Article 5 the informer may report in real name or anonymously The real name report shall provide the true identity certificate and effective contact information If the anonymous reporter has a claim for reporting reward, he shall promise that it does not belong to the circumstances specified in Article 10, and provide the information and effective contact information that can identify his reporting identity The provincial market supervision department may, according to the actual situation, formulate special procedures for the issuance of anonymous reporting rewards Article 6 the market supervision departments at all levels shall establish and improve the management system of reporting and reward Do a good job in the calculation, verification and distribution of the reported reward funds Article 7 reward funds for reporting shall be included in the government budget in accordance with the relevant provisions of the state And accept the supervision of financial and auditing departments Chapter II reward conditions Article 8 the reward for reporting shall meet the following conditions at the same time: （1） Having clear reported objects and specific illegal facts or clues of illegal crimes, and providing key evidence; （2） The report content has not been mastered by the market supervision department in advance; （3） The content of the report shall be investigated, handled and closed by the market supervision department, and shall be subject to administrative punishment, or transferred to the judicial organ according to law for criminal responsibility Article 9 the implementation of rewards for reporting shall follow the following principles: （1） If two or more whistleblowers report the same case with the same clue respectively, the whistleblower at the first time shall be rewarded; （2） If two or more persons report the same case jointly, they shall be rewarded according to the same case （3） If two or more whistleblowers report the same case separately, the total amount of reward shall not exceed the highest standard of the corresponding reward level specified in Article 12 （4） If the final identified illegal facts are totally inconsistent with the reported matters, no reward will be given; if the final identified illegal facts are consistent with the reported matters, only the reward amount of the consistent part will be calculated; if other illegal facts are identified in addition to the reported matters, no reward amount will be calculated for other illegal facts （5） If the cross regional reports accepted by the superior market supervision department are finally investigated and handled by two or more regional market supervision departments, the market supervision department in charge of the investigation and handling shall reward the verified part of the reports within its own administrative region Article 10 any of the following circumstances shall not be included in the scope of the present Measures: （1） Reporting by the staff of the market supervision department or those with legal supervision obligations; （2） Report of the infringed party and its entrusted agent or interested party; （3） Report of the offender; （4） Other awards that do not conform to the provisions of laws and regulations Chapter III reward standards Article 11 rewards for reporting are divided into three levels: Level 1 reporting level: provide the detailed illegal facts and direct evidence of the party against whom the report is made, and the content of the report is completely consistent with the illegal facts, and the reported items are found to be especially serious illegal acts or suspected crimes; Level II reporting level: provide the illegal facts and direct evidence of the party against whom the report is made, and the content of the report is completely consistent with the illegal facts; Three levels of reporting level: provide the basic illegal facts and relevant evidence of the reported party, and the reporting content is basically consistent with the illegal facts; Article 12 the market supervision department shall calculate the reward amount according to the amount of fines and confiscations for the reported cases, taking into account the value of goods involved in the case, the reward level, the degree of social influence and other factors The specific reward standards are as follows, and the reward amount shall not be higher than the provisions of Article 13: （1） If the report belongs to the first level reward, 5% of the amount of fine and forfeiture will be awarded According to this calculation, if it is less than 5000 yuan, 5000 yuan will be awarded If it belongs to the second level report reward, 3% of the amount of fine and forfeiture will be awarded According to this calculation, if it is less than 3000 yuan, a reward of 3000 yuan will be given If it belongs to the three-level report reward, 1% of the amount of fine and forfeiture will be awarded According to this calculation, if it is less than 1000 yuan, 1000 yuan will be awarded （2） In the case of no fines and confiscations, the amount of rewards for reporting at all levels shall not be less than 2000 yuan, 1000 yuan and 500 yuan respectively Article 13 the maximum amount of reward for reporting each case is 1 million yuan For the illegal acts involving systematic and regional risks that have caused or may cause major social harm, the reward amount may exceed the upper limit stipulated in these measures, and the maximum amount shall not exceed 2 million yuan The details shall be determined by the central or provincial financial departments together with the market supervision departments Article 14 If the market supervision department has imposed administrative penalty or has not transferred the administrative penalty to the judicial organ for criminal responsibility, it shall be rewarded according to the standards stipulated in Article 12 of these measures in different circumstances Chapter IV reward procedures Article 15 the market supervision department responsible for the investigation of the report and making the final decision shall inform the informer within 15 working days of the completion of the report, investigation and settlement of the case, if it meets the reward conditions stipulated in these measures Whistleblowers are required to apply to start the reward process for reporting rewards Article 16 the implementation Department of reporting reward shall identify the reporting level and reward standard, and inform the informer of the reward decision Article 17 the payment of reward funds shall be carried out in accordance with the relevant provisions of the centralized payment system of the state treasury If the amount of a single award reaches 500000 yuan, it shall be issued by the market supervision department that issues the reported reward fund in consultation with the financial department Article 18 a whistleblower shall, within 30 working days from the date of being informed of the award decision, collect the award by himself / herself with valid identity certificate If the agent entrusts another person to collect the information, the agent shall hold the power of attorney of the informant, the effective identity certificate of the informant and the agent at the same time Under special circumstances, the time limit for receiving rewards for reporting can be extended appropriately, and the maximum time limit shall not exceed 10 working days The informer failed to receive the bonus within the time limit without proper reason