Strengthen the anti-counterfeiting and supervision of agricultural materials

The special campaign to combat counterfeiting of agricultural materials has been carried out continuously for 14 years, the rectification efforts have been continuously intensified, the agricultural materials market has been continuously purified, and the quality of agricultural materials has shown a trend of steady improvement. However, we should also be soberly aware that the counterfeiting and sale of agricultural materials has not been completely eradicated, incidents of harming farmers still occur from time to time, and there are still many problems in the agricultural market.

From the perspective of varieties, seeds are mainly the problem of license infringement and "push before trial". According to secret interviews in 2014, although the proportion of license infringement has decreased compared with the same period last year, it is still in a high incidence situation, and the proportion of license infringement in some areas is very high. the problem of "pushing before trial" in some inter-provincial border areas is still relatively common. Pesticides, veterinary drugs, feed and fertilizers mainly exist the phenomenon of illegal addition of restricted drugs or substances. The problems such as insufficient effective ingredients of fertilizer, unregistered, multi-use of one certificate, counterfeiting and forged registration certificate are also more prominent.

From the perspective of criminal behavior, the most prominent of the major and important cases investigated and dealt with in recent years is the problem of counterfeiting and selling counterfeit goods in "black den", and the criminal behavior shows the trend of regionalization, concealment and specialization. Some illegally add hidden elements to evade supervision, some run mobile operations in the streets, and some even use guerrilla tactics to deal with law enforcement personnel. in particular, the use of new management methods and channels such as "telephone promotion", e-commerce, and logistics distribution to sell fake and shoddy agricultural materials has brought challenges to the traditional way of market supervision. Some cases also showed a relatively high degree of organization. in the fake fertilizer case in Henan investigated and dealt with last year, some organized sales promotion, some organized experts to give lectures, and some organized on-the-spot inspection, which were closely linked to each other, forming a criminal chain.

Judging from the consumption situation, the broad masses of farmers' ability to distinguish between false and false is still relatively weak, their legal awareness is still relatively weak, their awareness and ability to safeguard their rights in accordance with the law are not strong, and some of them are even greedy for bargains, specially buying agricultural materials from mobile traders, so that lawbreakers can take advantage of them.

From the perspective of law enforcement, grass-roots agricultural law enforcement can not meet the actual needs in terms of personnel allocation, case-handling funds and technical equipment, which has caused many difficulties to evidence collection, case investigation and so on. Some problems of inadequate law enforcement and lack of in-depth law enforcement are still quite prominent in some areas, and the phenomena of non-standard, unfair, inaction and even random acts of law enforcement in some areas still occur from time to time.

In 2015, the work of cracking down on counterfeiting and supervision of agricultural materials should adhere to problem-oriented, administration according to law, combine fighting and prevention, and cure both the symptoms and the root causes, further strengthen the supervision of agricultural materials, severely crack down on violations of laws and regulations, and improve the long-term supervision mechanism. to strive to create a market environment for fair competition and a safe and secure consumption environment, we should focus on the following aspects:

(1) to make clear the priorities of our work. In terms of time, we should take spring ploughing, three summer, autumn and winter planting as important nodes, and strictly prevent fake and shoddy agricultural materials from entering the market during the peak season of purchase and sale, so that farmers can rest assured that agricultural materials can be used. Geographically, we should focus on renovating agricultural wholesale markets, specialized markets, distribution centers, large transportation and marketing households, and rural mobile traders around key areas such as major agricultural production areas, small-scale business gathering areas, and regional junctions. In terms of varieties, it is necessary to highlight seeds, pesticides, fertilizers, veterinary drugs, feed and feed additives, agricultural machinery and tools, and so on. In terms of links, we should grasp the three links of examination and approval, production and sales. In the examination and approval process, we should strictly control the entry gate and strictly implement the relevant conditions, procedures, and standards. In the production process, we should improve the daily supervision system, carry out full coverage inspection on production enterprises in the region, and resolutely crack down on "black workshops, black factories, and black nest sites" that produce without a license. In the sales process, we should establish a system of daily inspection, supervision and inspection, seriously investigate and deal with illegal and illegal activities such as fake and shoddy agricultural materials and out-of-scope operations, especially strengthen the supervision of online sales of agricultural materials, and take effective measures to promote the healthy development of agricultural materials e-commerce.

(2) investigation and handling of outstanding cases. This is the most powerful weapon in the fight against counterfeiting of agricultural materials. All localities should actively expand the clues of the source of the case, conscientiously study the new characteristics and ways of illegal acts, accurately grasp the characteristics and laws of illegal elements, and do a good job in the investigation and carding of clues. For violations of laws and regulations discovered by inspection, supervision, spot checks, and reports by the masses, it is necessary to strike with heavy blows, fight as soon as they appear, dig deeply into the source of the system and sale of fake and shoddy agricultural materials, and never let it go until they find out. For major and important cases involving a wide range of areas, huge amounts, serious harm, and bad effects, as well as key cases of social concern, it is necessary to take the form of listing supervision and joint handling to strengthen the investigation and handling of cases. It is necessary to further strengthen the connection between administrative law enforcement and criminal justice, and those who meet the criteria for transfer should be resolutely transferred to judicial organs to investigate criminal responsibility, resolutely put an end to such phenomena as not moving cases, being difficult to remove cases, and substituting punishment for punishment, and severely punish criminals who break the law. It is necessary to investigate and deal with a number of major and important cases, remove a number of black spots, severely punish a number of criminals, increase the exposure of cases, and give full play to the role of judicial deterrence.

(3) improve the long-term mechanism. First, improve the rules and regulations. We will speed up the revision of laws and regulations such as the seed Law and the regulations on Pesticide Management, and further implement working mechanisms such as information disclosure, inter-provincial coordination, and investigation and handling of major and important cases on the basis of existing work, so as to provide institutional guarantee for the fight against counterfeiting of agricultural materials. The second is to constantly innovate the means of supervision. Strengthen the construction of agricultural material supervision information platform, realize that agricultural material product information can be queried, the flow direction can be traced back, the quality can be controlled, the responsibility can be investigated, make full use of modern supervision means, and effectively improve the efficiency of supervision. At the same time, with the help of the characteristics of the large amount of data of the major network sales platform, in-depth mining and analysis, make it a good helper of agricultural materials to fight counterfeiting. The third is to vigorously carry out social services. It is necessary to promote the healthy development of the modern agricultural material management and service system, encourage new models such as agricultural material chain operation, agricultural material cooperatives, and direct supply of enterprises, support the construction of "rest assured agricultural material stores," and broaden the main channels of agricultural material sales. It is necessary to make use of social resources to strengthen service guidance for new types of agricultural operators, such as the masses of farmers, family farms, large farmers, and farmers' professional cooperatives, and guide them to buy rationally and use agricultural materials scientifically.

(4) strengthen social co-governance. We will promote the construction of the credit system, comprehensively make use of information such as supervision and spot checks, law enforcement inspections, complaints and reports, and mass investigations, and comprehensively carry out integrity evaluation of agricultural material management enterprises. we will establish and improve the operating mechanisms of the credit system, such as information disclosure, trustworthy incentives, breach of faith punishment, credit supervision and so on. Give full play to the role of trade associations, public welfare organizations and news media, and build a social governance system of agricultural materials with administrative supervision, industry self-discipline, social supervision and public participation. We will increase the disclosure of information on administrative penalty cases, and all those that meet the standards will be made public. We will constantly improve the incentive mechanism for reporting anti-counterfeiting of agricultural materials, so as to create favorable conditions for the participation of all parties in society.