危害药品安全犯罪侦查:问题与进路

Investigation for the Crimes of Endangering Drug Safety:Problems and Routes

近年来随着法律修改和药品监管体制改革等因素影响,危害药品安全犯罪案件侦查呈现断崖式下降态势。案件侦办新旧问题交织,具体表现为:一是移送案件线索数量大幅减少;二是危害药品安全犯罪侦查能力不能满足实际办案需要;三是药品监管体制改革间接增加了行刑衔接难度;四是危害药品安全案件证据收集、分析、判断和运用难度大;五是案件定性困难依然是案件侦查最大障碍。为此应推动药品监管体制改革的进一步深化;构建契合药品安全特点的案件衔接机制;尽快构建协调一体的药品安全法律体系;不断持续强化危害药品安全犯罪侦查能力建设;拓展药品安全领域执法司法专业人才培养新思维。

In recent years,with the influence of factors such as legal amendments and the reform of the drug regulatory system,the investigation of crimes endangering drug safety has shown a clifflike decline.The new and old issues of case investigation and handling are intertwined.The specific manifestations are as follows:First,the number of transferred case clues has been greatly reduced;second,the ability of investigating crimes against drug safety cannot meet the actual case handling needs;third,the reform of the drug regulatory system indirectly increases the difficulty of the connection between administrative law enforcement and criminal justice;Fourth,it is difficult to collect,analyze,judge,and use evidence in cases of endangering drug safety;fifth,the difficulty in qualitative cases is still the biggest obstacle to case investigation.To this end,we should promote the further deepening of the reform of the drug regulatory system;build a case linkage mechanism that meets the characteristics of drug safety;build a coordinated drug safety legal system as soon as possible;continue to strengthen the construction of criminal investigation capabilities that endanger drug safety;expand the law enforcement and judicial expertise in the field of drug safety Talent training new thinking.