□ Zhang Hao, reporter of this newspaper

The reporter of "Rule of Law Daily" learned in the interview that in the process of handling the case of illegal addition of chemical drugs to antibacterial (inhibitory) preparations under the "elimination" brand, the quantitative test report issued by the testing agency is a strong basis for administrative supervision and procuratorial supervision, but obtaining the report is a difficult point faced by law enforcement agencies and judicial organs.

"At present, there are few third-party testing institutions that can issue quantitative inspection reports for such tests and the price is high." Zhang Qu, procurator of the Second Procuratorial Department of the Ziyun County People's Procuratorate in Anshun City, Guizhou Province, said.

"When the health department carried out the investigation and evidence collection work, it contacted a number of testing institutions inside and outside the province, and the other party said that they did not have the corresponding qualifications and could not issue test reports." Mao Minyan, assistant procurator of the Fifth Procuratorate Department of the Jiangshan Municipal People's Procuratorate in Zhejiang Province, said, "The testing institutions are not limited in technical strength, but the market demand was not large before, and most of the testing institutions did not apply for the corresponding qualifications. ”

In 2022, the Procuratorial Technology Information Research Center of the Supreme People's Procuratorate developed a gas chromatography-mass spectrometry method for the determination of antifungal drugs in antibacterial preparations of "elimination", and formed the test method into a technical specification for reference and application by laboratories with relevant equipment in the national procuratorial system and third-party testing institutions without corresponding inspection methods.

Mao Minyan told reporters that like her Jiangshan City Procuratorate, some procuratorial public interest litigation departments have built rapid inspection laboratories to address the needs of preliminary qualitative testing in handling cases. For other procuratorial organs in need, laboratories can also be "shared" through integrated case handling.

However, the procurator handling the case reported that the quantitative test report issued by the third-party testing agency is still an important basis for visually reflecting the severity of the problem of illegal addition in the process of law enforcement and judicial case handling. They hope that with the development of special supervision and the increase in demand, more testing institutions will be encouraged to carry out such business at lower prices.

Regarding the civil public interest litigation work in this field, Zhang Qu told reporters that when individual consumers file civil lawsuits against producers and sellers, there are difficult problems such as damage results and proof of causal relationship between product additions. As the representative of the public interest, the procuratorate can protect more potential consumers through civil public interest litigation, file a punitive damages lawsuit against the violator who intentionally violates the law and causes serious consequences, and build a judicial defense line for the health and safety of the people. In handling such civil public interest litigation cases, on the basis of quantitative test reports, the support of expert opinions on the impact of illegal drugs on the human body is also the key.

At present, similar to "consumer" products on the market, there are also "medicine" size, "machine" size, "makeup" brand, etc., which correspond to different registration, production, inspection and supervision standards. Some regular producers have realized the problems in the "track" of the "consumer" font size and switched to the font size with higher registration standards.

"The special supervision of antibacterial preparations for 'elimination' is the process of standardizing the market and establishing a good image for such products, guiding fair competition for enterprises, healthy development of the industry, and providing a safe food and drug environment for the masses." Yan Liang, director of the Fifth Procuratorial Department of the Jiangshan City Procuratorate, said.

While the procuratorate uses a variety of supervision methods to supervise the whole process of production, sales, and supervision of antibacterial preparations, can the relevant departments raise the threshold for entering the market for antibacterial preparations of "elimination", or increase the requirements for daily supervision and inspection, or study and introduce more fundamental measures? Many questions await positive responses from all parties. (Rule of Law Daily)