Law enforcement： cracking down on counterfeiting and treating bad things with a bright sword
The quality of five evils’s heavy punches has been good for decades
The terms "five poisons", "three evils" and "killing tigers" are unfamiliar to young people today. If you translate it into today’s buzzwords: "Jerry-building", "inferior products" and "illegal profiteers", I believe you will be familiar with it. After the founding of the People’s Republic of China, the movement against the "three evils" and the "five evils" started the anti-counterfeiting cause in New China. Since then, cracking down on counterfeiting has become a major matter of common concern from national leaders down to ordinary people.
After the founding of New China, private industry and commerce were protected by the Party and the government. However, some unscrupulous capitalists not only evaded taxes, but also cut corners, resorted to fraud and engaged in malpractices in the construction of national projects and the completion of processing and ordering tasks, which seriously harmed the interests of the country and the people.
Take the undertaking of military supplies to resist US aggression and aid Korea as an example. Some of them sell rubber shoes made of waste rubber and secondary rubber, pickaxes made of square iron, and shovels made of oil drums to volunteers. Some heartlessly canned rotten beef, bad beef and dead pork, made egg powder with bad eggs and carrot powder, made biscuits with moldy flour, and mixed sand with pickles to supply the Korean front, so that volunteers not only could not eat enough and eat well, but even died of poisoning; Some make inferior penicillin, and some make first aid kits from rotten cotton picked up from garbage dumps and sell them to volunteers at high prices. These inferior drugs and first-aid kits with germs are not only ineffective in rescuing the wounded, but also cause disability and sacrifice that should not be disabled.
Shi Min, the manager of Beijing Volkswagen Clothing Leather Factory, reduced the width of the original Grenade launcher by half when he rushed the materials used to resist US aggression and aid Korea for the volunteers. The shoulder pads made by machine guns can’t cover the back at all, so that 70% of the orders are useless and become waste products.
The unscrupulous capitalists are greedy for profit, which has reached the point where it is hard to see. On January 26th, 1952, the Central Committee of the Communist Party of China issued an instruction, and a large-scale "five evils" movement was launched vigorously throughout the country, which dealt a heavy blow to Jerry-building. During the "three evils" and "five evils" movements, the Supreme People’s Court, the Central People’s Government, organized a temporary court in Beijing Zhongshan Park to publicly try corrupt criminals. With Wang Kangnian and other "black-hearted" capitalists being shot in the "five evils" movement, the goods market in China has been pure for decades.
National anti-counterfeiting game of chess quality supervision rushed to the front line.
In 1978, China sounded the clarion call for reform and opening-up, China’s economy began to explore new development models, and fake and shoddy products began to resurface, and new counterfeiters began to stir.
In 1978, the State Council approved the establishment of the State Administration of Metrology and the State Administration of Standards respectively, and made it clear that one of the tasks of the State Administration of Standards was to "supervise the implementation of inspection standards". In 1979, the State Council issued the Regulations on Standardization Management in People’s Republic of China (PRC), which further clarified that "the State Administration of Standards and the Bureau of Standards of provinces, municipalities and autonomous regions are responsible for the supervision and inspection of product quality". In 1986, "People’s Republic of China (PRC) Metrology Law" was implemented, which was the first law that explicitly endowed the quality and technical supervision department with administrative law enforcement power in the form of law. These major measures mark the beginning of law enforcement and anti-counterfeiting work, and begin to enter the daily work with laws to follow and rules to follow.
In 1988, a case of fake seeds occurred in Jintan County, Anhui Province, and tens of thousands of mu of crops were not harvested by farmers. After the case happened, the State Council immediately attached great importance to it. Subsequently, the General Office of the State Council issued the document No.32 [1989] issued by the State Council, Notice of the General Office of the State Council on Forwarding the Opinions of the State Bureau of Technical Supervision on Severely Punishing the Persons Responsible for the Distribution of Fake and Inferior Commodities, which was also the first anti-counterfeiting document issued by the State Council.
In 1992, in order to coordinate the work of the former State Bureau of Technical Supervision, the State Administration for Industry and Commerce, the Ministry of Agriculture, the Ministry of Health and other relevant departments in the State Council, the State Council set up a national anti-counterfeiting office. On July 20, 1992, the first national telephone conference on cracking down on the illegal activities of producing and distributing fake and shoddy goods was held.
Since the beginning of the new period of reform and opening up, with the rapid development of China’s market economy and national economy, the production and circulation of fake and shoddy products have become increasingly rampant, including fake cigarettes, fake wine, fake drugs, fake fertilizers, fake seeds, fake pesticides, "bean curd residue" projects and assembled cars.
On January 23, 1998, a critically ill patient was admitted to Pinglu District Hospital of Shuozhou City. The symptoms were vomiting, headache, dilated pupils and difficulty breathing, but the patient died before entering the emergency room. The doctor on duty at that time never imagined that a case of fake wine poisoning that shocked the whole country happened, and Shuozhou City became the hardest hit area of this case. The "1 26" fake wine case that shocked the whole country caused a total of 222 people to be poisoned and 29 people died. The tragedy even affected Zhongnanhai. The general secretary called three times to ask about this matter.
According to the report "Research on the Influence of Counterfeiting and Selling Fakes on National Economic Development" issued by the State Council Development Research Center, in 1998, the total amount of counterfeit and shoddy goods in China’s market was as high as 132.927 billion yuan, and the losses to national tax revenue reached 24.57 billion yuan. At that time, the total amount of smuggled goods in China was 154 billion yuan, plus pirated books, CDs and other products. In fact, the total amount of counterfeit and shoddy goods in China’s market has been much higher than the amount smuggled, and all kinds of counterfeit goods have been repeatedly banned, which has become a major social hazard in China’s economic life.
It is imperative to carry out joint anti-counterfeiting operations with all administrative law enforcement departments. In October, 2000, according to the instructions of the leaders of the State Council, the State Council established the National Anti-counterfeiting Coordination Group and launched a national anti-counterfeiting joint action. The National Anti-counterfeiting Coordination Group consists of 19 relevant departments, including the State Economic and Trade Commission, the Ministry of Public Security and the former State Bureau of Quality and Technical Supervision. The Office of the National Anti-counterfeiting Coordination Group is located in the former State Bureau of Quality and Technical Supervision.
Since then, the anti-counterfeiting work has played a game of chess throughout the country, and the quality supervision department has become the backbone and core department of anti-counterfeiting. While shouldering the responsibility of anti-counterfeiting liaison and organization and coordination, the quality supervision department bravely stood in the front line of anti-counterfeiting and achieved fruitful results with selfless and fearless spirit and hard work.
The joint anti-counterfeiting campaign has a huge momentum and a strong deterrent, and a large number of major cases have been investigated and dealt with: the case of illegally assembling cars in shishi city, Fujian Province, more than 300 fake and shoddy cars were seized and 43 illegal elements were dealt with, of which 4 were sentenced to life imprisonment; In the case of illegal sale of toxic lard in Jiangxi, one principal was sentenced to death, suspended for two years, and six accomplices were sentenced to 2 years and 15 years respectively. For a time, the people raised their hands and said they were happy, and the counterfeiters were frightened, and the momentum of counterfeiting and selling fakes was effectively curbed.
According to authoritative statistics, half of the results of the national anti-counterfeiting joint action were achieved by the quality supervision department. The outstanding performance in joint anti-counterfeiting has won the recognition of the government, the respect of brother departments, the praise of enterprises and the people, which has created the status of quality supervision as the main force of anti-counterfeiting, and also created a new situation of quality supervision.
Standardize the depth of the market and carry out special anti-counterfeiting to see results
In April, 2001, the State Council issued the Decision on Rectifying and Standardizing the Order of Market Economy, which clearly included cracking down on illegal and criminal activities such as manufacturing and selling fake and shoddy goods as the main content of rectifying and standardizing the order of market economy during the Tenth Five-Year Plan period. At this time, the CPC Central Committee and the State Council made a major decision to set up the AQSIQ, which provided an important opportunity for the further development of law enforcement and counterfeiting in quality supervision departments.
Since 2001, law enforcement and counterfeiting have become an important part of the quality supervision department to rectify and standardize the market economic order and an important starting point for improving product quality. A number of special law enforcement and counterfeiting actions have been organized, which have severely cracked down on illegal acts of manufacturing and selling fake and shoddy products that infringe on the interests of enterprises and consumers, maintained the market economic order and promoted product quality improvement.
The special food activities organized a number of special anti-counterfeiting actions for foods such as sodium formaldehyde sulfoxylate, milk powder, Sudan red, tea, honey, bottled drinking water and vegetable oil, and investigated and dealt with a number of food fraud cases that had a great impact, such as processing meat products with sick and dead livestock, blending white wine with industrial ethanol and methanol, producing inferior milk powder with starch, adding Sudan red to food and dyeing tea with lead chrome green. In 2005, we organized and implemented the "100 Million Project" for food quality and safety in 100 districts (urban and rural fringe areas of counties and cities), 1,000 points (processing points of villages and towns) and 10,000 households (small workshops and black dens), which solved a number of regional food counterfeiting problems. According to incomplete statistics, since 2003, the national quality and technical supervision departments have filed more than 300,000 cases of illegal food, seized 2.74 billion yuan worth of fake and shoddy products, and transferred more than 220 cases to public security organs for handling.
Fake and inferior agricultural means of production, such as fake seeds, fake fertilizers, fake pesticides and inferior agricultural machinery parts, have caused crops to be harvested in a large area or delayed the best harvest time of crops, which has caused great harm to agricultural production, farmers’ income and rural stability. Since 2002, every January, the national quality supervision system will carry out special law enforcement and anti-counterfeiting actions for agricultural materials nationwide. In the peak season of agricultural production, we will focus on important agricultural means of production such as chemical fertilizers, pesticides, agricultural films, agricultural machinery and spare parts, and organize anti-counterfeiting activities of agricultural materials to the countryside. During the activity, we conducted on-site consultation, accepted quality complaints and conducted on-site sampling inspection, helped farmers claim for rights protection, and guided farmers to identify the basic knowledge of fake and inferior agricultural materials, which made positive contributions to stabilizing grain production and promoting agricultural development. According to incomplete statistics, since 2003, the national quality supervision departments have put on record 129,000 cases of illegal agricultural materials, seized 1.74 billion yuan worth of fake and shoddy products, and transferred 81 cases to public security organs for handling.
Since 2003, the General Administration of Quality Supervision, Inspection and Quarantine, together with the departments of development and reform, public security, supervision, construction, commerce, industry and commerce, environmental protection, forestry and electric power supervision, has set up an inter-ministerial coordination group for the special rectification of the national building materials market order, and launched a joint campaign for the special rectification of the building materials market order focusing on construction steel, cement, decoration materials, etc. throughout the country, and has successively organized multi-provincial linkage in the border areas of Guangdong, Fujian, Jiangxi, Hunan, Guangxi and Tianjin, Hebei and Shandong. The rampant production of strip steel has been effectively curbed, and the qualified rate of national spot checks on construction steel and fasteners has increased year by year. According to incomplete statistics, since 2003, the national quality supervision departments have put on record more than 250,000 cases of illegal building materials, seized 6.23 billion yuan worth of fake and shoddy products, and transferred 113 cases to public security organs for handling.
At the same time, the quality supervision department has also rectified a number of regional counterfeiting and selling problems and distribution markets for counterfeit and shoddy goods that have had a bad influence throughout the country. For example, the manufacturing and selling of fake and shoddy cosmetics in Chaoyang City, Guangdong Province, fake and shoddy stationery in Wuyi City, Zhejiang Province, inferior disposable infusion sets in Jiangyin County, Jiangsu Province and Jinxian County, Jiangxi Province, as well as key markets such as Yiwu Commodity City in Zhejiang Province, Huazhong Food City in Zhengzhou, Henan Province, and auto parts market in Changchun Automobile Trade City, Jilin Province, have investigated and dealt with a large number of major cases.
Linking the new means of scientific and technological counterfeiting with law enforcement and justice
The quality of a product is difficult to distinguish with the naked eye alone. Most quality indicators must be obtained through the testing of professional equipment, but the testing cost of professional testing institutions is high and the testing period is long. In view of this situation, the quality supervision and law enforcement personnel represented by Lv Changfu of Chongqing Municipal Bureau of Quality and Technical Supervision have given full play to their technical advantages, actively studied scientific and technological law enforcement means, and developed many very effective rapid detection technologies, such as food rapid detection technology, wire and cable rapid detection technology, toxic and harmful substances rapid detection technology, which greatly improved the effectiveness of law enforcement and saved a lot of administrative costs for the country.
The Quality Supervision Bureau of Shijiazhuang, Hebei Province is equipped with an on-site inspection vehicle, which can quickly detect counterfeit and shoddy products at the law enforcement site, making counterfeiters and sellers daunting and sending out the feeling that "Shijiazhuang is accurate in investigation and cannot be fooled".
It is far from enough to rely on law enforcement personnel to crack down on counterfeiting. It is also necessary to mobilize the masses to expose the fraudulent acts to the discerning eyes of the people, so that the counterfeiters will have nowhere to live. In 2001, the General Administration of Quality Supervision, Inspection and Quarantine, together with the Ministry of Finance and the State Administration for Industry and Commerce, formulated the "Measures for Rewarding Persons Who Report Crimes of Making and Selling Fake and Inferior Products". The establishment of the reward system for reporting has stimulated the enthusiasm of the whole society to participate in anti-counterfeiting, broadened the source channels for quality supervision departments, and provided many valuable clues to the source of the case, especially the clues of major cases.
With the increasing crackdown on counterfeiting by quality supervision departments, in order to disperse "risks", counterfeiters have changed the way of concentrating on counterfeiting and selling fakes in the past, dispersed dens, and constantly moved dens to escape the crackdown by quality supervision departments. In view of this situation, the quality supervision department promotes the inter-provincial law enforcement and anti-counterfeiting work to cooperate with each other, carries out regional joint anti-counterfeiting, and forms a comprehensive panic situation against fake dens. For example, in 2007, Zhejiang, Fujian, Anhui and Jiangxi launched an inter-provincial law enforcement campaign to investigate and deal with unlicensed liquor production. On the spot, 10.08 tons of finished liquor were seized, 7.7 tons of raw materials for liquor production were sealed, 15 sets of illegal production tools were confiscated or destroyed, more than 600 physical evidence production sites were banned, and 16 counterfeit dens were destroyed.
Practice has proved that it is necessary not only to destroy the dens of counterfeiters, but also to bring them to justice, so as to fundamentally put an end to counterfeiting. Therefore, "improving the mechanism of close connection between administrative law enforcement and criminal justice" was written into the 2008 government work report of the Prime Minister. Quality supervision departments adhere to administration according to law and strengthen the connection between administrative law enforcement and criminal justice according to national requirements. Every year, hundreds of cases are transferred to judicial organs.
In the past 60 years, China’s fake and shoddy products have been a discordant tune; Over the past 60 years, cracking down on counterfeit goods is a powerful poem.
In the past 60 years, fake and shoddy products have been accompanied by the economic development of China. In the past 60 years, the cause of law enforcement and anti-counterfeiting in New China has gone through ups and downs, singing along the way, and performing a series of magnificent live dramas.
According to the latest statistics of the relevant departments of the AQSIQ, since the establishment of the first anti-counterfeiting team in China, the national quality supervision departments have filed and investigated more than 3.49 million cases and seized counterfeit and shoddy products worth 45.5 billion yuan.