The first is the significance of "double random and open" supervision. "Double random and one open" supervision is the requirement of deepening the reform of "decentralization, strengthening supervision and improving service", and it is a powerful measure to promote administration according to law, reduce the burden on enterprises and optimize the business environment. In the past, there were many problems in the field of market supervision, such as repeated inspection, excessive inspection and arbitrary law enforcement, which increased the burden on enterprises. "Double random and one open" supervision "puts the power of administrative inspection into the cage of the system" and operates in the sun. If it is not included in the scope of spot check or there is no abnormal situation, it is not allowed to check the enterprise at will, and it is not allowed to "check whoever wants", reducing excessive intervention in the normal production and operation activities of enterprises and creating a relaxed and fair market environment, which is of great significance to maintaining market order. The joint supervision of "double randomness and one openness" is to change the "double randomness" of a single department into a joint "double randomness", which is not only the merger of supervision tasks, but also the supervision innovation of "entering the door at one time and checking many things".
Two, "double random, one open" supervision in the process of promoting the problems encountered. First, some units have not paid enough attention to it. The daily supervision mode is still dominant, and the double random supervision is a "sideline" with poor results. Necessary daily supervision is still needed. For example, the supervision of pharmaceutical and other industries still needs daily supervision, and the supervision of most market players can be carried out according to the double random supervision mode; Second, cross-business inspection needs to be improved, and the comprehensive quality needs to be improved. "Double Randomness" is a random inspection of law enforcement personnel, which requires supervisors to master various business knowledge. Due to the lack of business knowledge, there are more or less problems that cannot be found, which leads to poor inspection results and the inspection is a mere formality; Third, the lack of professional knowledge has led some law enforcement officers to dare not file a case or handle a case. Fourth, the one-vote veto of safety production marginalized the "double random and open" supervision, and repeated inspections of multiple wheels are not uncommon.
Third, establish rules and regulations, make steady progress, and implement "double random and double open" supervision. First, we should pay more attention to this work and really treat it as a systematic work to ensure that it can be grasped and managed. The second is to "hold high the sword" for offenders and "do nothing without disturbing" for law-abiding. Strictly regulate the administrative law enforcement behavior of enterprises, which can not be based on legal procedures or can not be determined, and can not affect or hinder the normal production and business activities of enterprises, reduce the time and frequency of enterprise inspection, treat all kinds of market subjects equally, and create a relaxed market environment; The third is to strengthen work supervision and establish a sound evaluation system. The fourth is to do a good job in top-level design. If the market entities outside the double spot check list commit illegal acts, whether the supervisors can be exempted from due diligence needs to be clarified by relevant laws and regulations. For the problems that were not found during the double random inspection, but occurred afterwards, whether the personnel in charge of the double random inspection at that time can be exempted from liability because of the inspection content and whether they can conduct due diligence needs to be clarified by relevant laws and regulations. For the problems that were not found during the double random inspection, but occurred afterwards, whether the personnel in charge of the double random inspection at that time could avoid being held accountable due to the limitation of the inspection content and their own ability and quality, and so on. Therefore, it is necessary to clarify the boundaries of performance of duties and the rules and regulations of due diligence exemption, so as to provide protection for the "double random and one open" supervision.
Legal basis:
The State Council's opinion on comprehensively implementing the "double random and one open" supervision of departments in the field of market supervision.
Article 1 In order to further innovate the supervision mode after the event, the district health and family planning administrative department and the health and family planning supervision machine have comprehensively implemented the "double random and one open" supervision mode and formulated the "Implementation Rules".
Article 2 The "double random and one open" supervision mode implemented by the district health and family planning administrative departments and health and family planning supervision institutions refers to that when the health and family planning administrative departments and health and family planning supervision institutions carry out supervision and inspection according to law, they randomly select the inspected objects, randomly select law enforcement inspectors, and disclose the inspection results in time.
Article 3 The implementation principles of "double randomness and one openness" are: overall arrangement, full implementation, openness, fairness and transparency.