Food is the first thing that the people need, and safety is the first thing that the drugs need. Ensuring food safety and drug safety is the basic work of safeguarding people's health and life safety. 2024 July 6 afternoon, the 2nd King&Capital Food and Drug Crime Governance Forum and the inaugural meeting of King&Capital Food and Drug Law Research Center Yinchuan Workstation and Fang and Yuan Food, Drug and Environmental Safety Law Research Center was held in Yinchuan Yuehai Hotel. Lawyer Tian Wenchang, the founder and honorary director of Beijing King&Capital Law Firm, Director Zhu Yonghui of Beijing King&Capital Law Firm, Director Tang Jianbin of Kyoto Food and Drug Law Research Center, Deputy Director and Secretary General Zhang Sijia, Deputy Director Yan Huainan, and Deputy Director Lv Yan attended to participate in this event.
Prof. Yuan Bin from the Institute of Criminal Law Science of Beijing Normal University, Prof. Zeng Wenyuan, Deputy Director of the Research Center for Food, Drug and Environmental Crimes of the People's Public Security University of China, Prof. Yang Guoju from the School of Law of Ningxia University, Mr. Hatten, Master's Degree Tutor of the School of Law of the Northern University for Nationalities, Prof. Ma Tao, Director of the Private Law Department of the Northern University for Nationalities and other experts and scholars in the field of food and drug, Lei Ting, Deputy Chairman of the Lawyers' Association of Ningxia Hui Autonomous Region, Chairman of the Yinchuan Lawyers' Association, Mr. Yan Huainan, Deputy Director and Lv Yan, Deputy Director of the Northwest China Association for Nationalities. Lei Ting, vice president of the ningxia alumni association of northwestern university of politics and law, ningxia linxiang law firm director ZuoXiaoQi, yinchuan lawyers association vice president of beijing haotian (yinchuan) law firm director WangJianJun, ningxia fangheyuan law firm director XuBao, secretary SunBo, vice director WuXiang, deputy director of wuWenGa with more than 200 offline, online more than 900 representatives of the industry, lawyers colleague together to attend and participate in this forum. The forum was hosted by Chen Pingyuan, partner of Ningxia Fangheyuan Law Firm, and Wang Xiaochen, practicing lawyer.
Guest Speeches
Beijing King&Capital Law Firm founder, honorary director of the Tian Wenchang lawyers talked about a few feelings in the speech: First, the community on the establishment of the Food and Drug Law Research Center holds a lot of expectations, and even far beyond the expectations of our lawyers outside of the business, for us, it is the pressure is also a driving force; Second, the center of the research focus should be placed on the regulation of the issue of protection of the issue of the two sides, both the emphasis on the regulation of protection; Third, it is very hopeful and also the protection of the center; Third, it is very hopeful that the center will also be able to provide a comprehensive and effective solution to the issue of protection. Thirdly, we very much hope and expect that after the establishment of our research center and workstation, we can make use of our advantages to conduct in-depth research on specific issues on the ground, so that people from all walks of life can benefit from it, and further show the real social role of Chinese lawyers.
Mr. Tian Wenchang delivered a speech
Mr. Zhu Yonghui, Director of Beijing King&Capital Law Firm, mentioned in his speech that through the rule of law, it is our duty as lawyers to build a safe living environment where we can eat without worrying about our health. King&Capital Food and Drug Law Research Center Yinchuan Workstation, Fang and Yuan Food and Drug and Environmental Safety Law Research Center was established at the right time, I believe that through the in-depth cooperation between our two law firms, the joint efforts of lawyers in the two places, we will be able to create a model of cooperation and research in the field of lawyers in the field of off-site cooperation, and to produce more research results, and to promote the rule of law of China's food and drug safety construction.
Director Zhu Yonghui delivered a speech
Ningxia lawyers association vice president, yinchuan lawyers association president lei ting lawyer said, King&Capital food and drug law research center yinchuan workstation and square and round food and drug and environmental safety law research center was established, the lawyers industry proactively carry out the food and drug field of legal research and legal services has a symbolic significance, is yinchuan lawyers industry can serve the people's livelihood, practice for the people of another model. Expect one-stop one center to pay attention to and participate in the region's food and drug and environmental safety legislation and policy development, to create a platform for knowledge sharing and experience exchange, to assist enterprises to better understand and comply with the relevant laws and regulations, to provide enterprises with a higher level of specialized legal services.
President Mr. Lei Ting delivered a speech
On behalf of Fangheyuan Law Firm, Mr. Xu Bao, Director of Ningxia Fangheyuan Law Firm, expressed his heartfelt thanks and warmest welcome to all the experts, teachers, entrepreneurs and lawyers attending the meeting. He talked about, lawyer specialization, refinement has become a lawyer career development trend and the way to go. The establishment of one stop and one center is not only of great significance to the development of the lawyers' profession in the field of food and drug legal services, but also further promotes the construction of food and drug safety environment in our region, promotes academic exchanges and scientific researches in the field of food and drug safety, and provides all-around legal protection for the healthy development of food and drug enterprises, and provides strong legal support for the people's food and drug safety! We are also looking forward to more excellent scholars and professional lawyers to join us, and together we will go deeper and farther in the field of food and drug environmental legal specialty.
Speech by Mr. Xu Bao
Unveiling and Appointment Ceremony
Mr. Zhu Yonghui, Mr. Tang Jianbin, Mr. Xu Bao and Mr. Chen Fujiang unveiled the plaque for the Yinchuan Workstation of King&Capital Food and Drug Law Research Center and the Square and Circle Food, Drug and Environmental Safety Law Research Center, and one station and one center were formally established.
After the unveiling ceremony, Director Tang Jianbin, Deputy Director and Secretary General Zhang Sijia, Deputy Director Yan Huainan, and Deputy Director Lv Yan presented the appointment letters to Chen Fujiang, Director of King&Capital Food and Drug Law Research Center Yinchuan Workstation, Chen Pingyuan, Deputy Director and Secretary General, He Wentao, Deputy Director, and Chen Jun, Deputy Director.
Director Xu Bao and Secretary Sun Bo of Fangheyuan presented appointment certificates to Director Chen Fujiang, Deputy Director and Secretary General Chen Pingyuan, Deputy Director He Wentao, and Deputy Director Chen Jun of the Food and Drug and Environmental Safety Law Research Center of Fangheyuan, and presented appointment certificates to expert consultants Prof. Yang Guoju, Mr. Hatten, Prof. Ma Tao, Director Tang Jianbin, and Deputy Director Zhang Sijia.
Development Plan of the Center
Mr. Tang Jianbin, Director of King&Capital Food and Drug Law Research Center, introduced the background, orientation, research and service direction of King&Capital Food and Drug Law Research Center to the General Assembly, and talked about the development plan of King&Capital Food and Drug Law Research Center: the Center plans to build an open platform of “two forums”, i.e., the Permanent Forum on Food and Drug Safety and the “ 420” Food and Drug Law Forum. 420” Food and Drug Lawyers' Summit Forum; and ‘two projects’ to provide specialized legal services, namely: research project on food and drug crimes and difficult administrative cases and network food safety public interest rights protection project. Through the promotion of food and drug lawyers, China's food and drug safety will no longer be a problem.
Director Chen Fujiang summarized the development plan of King&Capital Food and Drug Law Research Center Yinchuan Workstation and Fang and Yuan Food, Drug and Environmental Safety Law Research Center as follows: Relying on a point, threading a line, developing a surface, constructing a department, and raising a flag. Comprehensively relying on the point of King&Capital Food and Drug Legal Research Center Yinchuan Workstation, to build a bridge and open a channel between Beijing and Yinchuan, to realize the expansion and deepening of the brand of King&Capital Food and Drug Legal Research Center in Northwest China, and to drive the growth of Fang & Yuan Food, Drug and Environmental Safety Legal Research Center in Ningxia and the surrounding areas, to turn from a work point into a work area, to become a flag in the region, and to make the legal service of the field of food, drug and environmental safety to become a well-known brand in the food, drug and environmental safety field. The legal service in the field of food, drug and environmental safety has become a resounding brand.
Food, Drug and Environmental Safety Misdemeanor Management Forum
In the subsequent Forum on Misdemeanor Governance of Food, Drug and Environmental Safety, experts and professors such as Yuan Bin, Zeng Wenyuan, Yang Guoju, Hatten, and Zhang Sijia conducted in-depth discussions and thorough analyses on various aspects of misdemeanor governance of food, drug and environmental safety.
Prof. Yuan Bin pointed out the tendency and insufficiency of legal interpretation in the governance of food, drug and environmental misdemeanor from the changes of criminal law legislation in the field of food, drug and environmental misdemeanor to the characteristics of misdemeanor practice, and put forward the objectives and focuses of the improvement of the legal interpretation, which provide practical suggestions for the improvement of the governance of food, drug and environmental misdemeanor at the legislative level, and at the same time, help to accurately determine the conviction and sentence in the specific cases.
Yuan Bin, “The Legal Interpretation of the Governance of Food, Drug and Environmental Misdemeanor Crimes and Its Perfection
Professor Zeng Wenyuan pointed out that, in terms of food, drug and environmental crimes, public security organs basically do not rely on administrative law enforcement organs to investigate food, drug and environmental crimes, and the reverse convergence (transfer of administrative penalty cases from judicial organs to administrative law enforcement organs) is even more rare, while the criminal-executive convergence is an important system that promotes food, drug and environmental decriminalization or even decriminalization, and in the future, it is necessary to increase the cooperation and implementation of the system of convergence of administrative law enforcement and criminal justice in many aspects. in place.
Zeng Wenyuan, “The Convergence of Food, Drugs, and Environment in the Context of Lighter Penalization
“In the exploration of the basis of crime, it is normal to fall into obscurity at the beginning, because clarity and brightness need obscurity and shadow.” From the perspective of legal philosophy, Professor Yang Guoju's speech discussed and analyzed the independence of criminal law in determining food and drug crimes, the difference between criminal judgment and public perception, and the basis of food and drug crimes, which guided us to maintain independent thinking and have a skeptical spirit when facing the governance of food, drug, and environmental crimes, and to discover the cage that imprisons the mind and break it to go back to the original inspired state of creativity of the legal person.
Ontological Examination of Food and Drug Crimes by Yang Guoju
In his speech, Mr. Hatten proposed that the criminal governance of food and drug safety should adhere to the “three bases”-based on the intrinsic attributes of administrative offenses, based on the modesty of criminal law, and based on the concept of governance of criminal integration, and that there is a substantial difference between administrative offenses and administrative wrongdoing, and the essence of administrative offenses is crime, which has the social and legal characteristics. There are substantial differences between administrative offenses and administrative wrongdoings, and the essence of administrative offenses is crime, with the essential characteristic of social harm, but administrative offenses in the field of food and medicine have been established in the criminal law, which also leads to the blurring of the boundaries between the criminal law and the intervention of the administrative law, so in the judicial practice, it is even more important to adhere to the “three footholds” mentioned by Mr. Hatten, which will help to manage the crimes and misdemeanors in the field of food, medicine and environmental protection.
Mr. Hatten's “Three Footholds” in Crime Management of Food and Drug Safety
Starting from the essence of criminal defense - what to defend and how to defend, Deputy Director Zhang Sijia pointed out that in crimes involving food, drug and environment, it is necessary to accurately grasp the boundaries between crime and non-crime, offense and crime, and adhere to the standards of judging illegality with human health as the core, and at the same time, firmly adhere to the principle of adjudication by evidence, and be adept at proposing “reasonable doubt” according to the rules of logic and experience. “Reasonable Doubt”, which provides a good reference for the majority of fellow lawyers to handle similar cases in the future.
Zhang Sijia “Promoting the Modernization of the Governance of Food and Drug-Related Crimes with Effective Defense
In the experts and talk session, director Tang Jianbin, deputy director Yan Huainan, director Chen Fujiang talked about their experience and experience in handling food, drug and environmental crime cases from a practical point of view, put forward forward forward-looking ideas for the governance and treatment of food, drug and environmental crime and related issues, widely and deeply exchanged their own experience and deep understanding, but also pointed out the difficulties in the governance of food, drug and environmental crime cases of misdemeanor, with a broad vision, extremely rich in It is a broad vision and very insightful.
From left: Mr. Tang Jianbin, Mr. Yan Huainan, Mr. Chen Fujiang.
Closing Remarks
“Food, drug and environmental safety is related to the long-term development of the country and the well-being of people's livelihood.” Lawyer Wu Wenjia, vice president of Yinchuan Lawyers and deputy director of Fangheyuan, mentioned in his closing speech that the successful holding of this forum and the official establishment of two institutions, one station and one center, is not only a high degree of recognition of the importance of food, drug and environmental safety, but also a profound manifestation of the role of the law in the field of safeguarding public health. “We firmly believe that through our joint efforts, we will contribute to the promotion of the construction of a healthy China, to the maintenance of food and drug safety and environmental safety in accordance with the law, and to the life and health of the people by contributing to the power of the lawmakers.”
When the wind is favorable, it is the right time to set sail. In the future, King&Capital Food and Drug Law Research Center Yinchuan Workstation, Fang and Yuan Food, Drug and Environmental Safety Law Research Center will give full play to the exploration and practice of lawyers' talents in food, drug and environmental supervision, and is committed to perfecting the food, drug and environment-related legal system, exploring difficult cases in the field of food, drug and environment, paying attention to food, drug and environment hot issues in society, and focusing on the most important concern of the masses, “food, housing”. Eat, live” issues, for food and medicine, energy, chemical enterprises to provide more professional legal services, for ‘Healthy China’, ‘Rule of Law’, ‘Green China’ construction. Green China”, and escort the high-quality development of Ningxia's economy and society.
