the market supervision bureau has real power.
The Market Supervision Administration was established on the basis of integrating three law enforcement units, namely, the Industrial and Commercial Bureau, the Food and Drug Administration and the Quality Supervision Bureau, and has administrative law enforcement power. The State Administration of Market Supervision is a directly affiliated institution of the State Council, with ministerial status. Keep the brands of National Certification and Accreditation Administration Committee and National Standardization Administration Committee.
the market supervision is managed at different levels, and the drug regulatory agencies are only located at the provincial level. The supervision of drug sales and other behaviors is uniformly undertaken by the municipal and county market supervision departments.
The State Administration of Market Supervision implements the principles, policies and decision-making arrangements of the CPC Central Committee on market supervision and management, and upholds and strengthens the Party's centralized and unified leadership over market supervision and management in the process of performing its duties. Main responsibilities are as follows:
1. Responsible for comprehensive market supervision and management. Draft relevant laws and regulations on market supervision and management, formulate relevant rules, policies and standards, organize the implementation of the strategy of strengthening the country by quality, food safety and standardization, formulate and organize the implementation of relevant plans, standardize and maintain market order, and create an honest and trustworthy market environment with fair competition;
2. Be responsible for the unified registration of market entities. Guide the registration of various enterprises, farmers' professional cooperatives, units engaged in business activities, individual industrial and commercial households and resident representative offices of foreign (regional) enterprises and other market entities. Establish a mechanism for information disclosure and * * * sharing of market entities, publicize and * * * share relevant information according to law, strengthen credit supervision, and promote the construction of credit system of market entities;
3. Be responsible for organizing and guiding the comprehensive law enforcement of market supervision. Guide the integration and construction of the comprehensive law enforcement team of local market supervision, and promote the implementation of unified market supervision. Organize to investigate and deal with major illegal cases. Standardize the administrative law enforcement behavior of market supervision;
4. Be responsible for unified anti-monopoly law enforcement. Promote the implementation of competition policy as a whole and guide the implementation of fair competition review system. Conduct anti-monopoly review on the concentration behavior of operators according to law, and be responsible for anti-monopoly law enforcement such as monopoly agreement, abuse of market dominant position and abuse of administrative power to exclude and restrict competition. Guide enterprises to respond to antitrust lawsuits abroad. Undertake the daily work of the State Council Anti-monopoly Committee.
Legal basis:
Article 56 of the Product Quality Law of the People's Republic of China refuses to accept the product quality supervision and inspection conducted according to law, and shall be given a warning and ordered to make corrections; Refuses to correct, shall be ordered to suspend business for rectification; If the circumstances are particularly serious, the business license shall be revoked.
article 28 of the law of the people's Republic of China against unfair competition obstructs the supervision and inspection departments from performing their duties in accordance with this law, and refuses or obstructs the investigation, the supervision and inspection departments shall order them to make corrections, and may impose a fine of less than 5, yuan on individuals and 5, yuan on units, and the public security organs may impose administrative penalties on public security according to law.
Article 52 of the Anti-monopoly Law of the People's Republic of China refuses to provide relevant materials and information, or provides false materials and information, or conceals, destroys or transfers evidence, or refuses or hinders the investigation, the anti-monopoly law enforcement agency shall order it to make corrections, and may impose a fine of less than 2, yuan on individuals and 2, yuan on units. If the circumstances are serious, a fine of not less than 2, yuan but not more than 1, yuan shall be imposed on individuals, and a fine of not less than 2, yuan but not more than 1 million yuan shall be imposed on units; If a crime is constituted, criminal responsibility shall be investigated according to law.
article 133 of the food safety law of the people's Republic of China violates the provisions of this law, and refuses, obstructs or interferes with relevant departments, institutions and their staff to carry out food safety supervision and inspection, accident investigation and handling, risk monitoring and risk assessment according to law, and the relevant competent departments shall, according to their respective functions and duties, order them to stop production and business, and impose a fine of more than 2, yuan and less than 5, yuan; If the circumstances are serious, the license shall be revoked; If it constitutes a violation of public security administration, the public security organ shall impose administrative penalties on public security according to law. Anyone who, in violation of the provisions of this law, retaliates against an informer by dissolving or modifying the labor contract or by other means shall be liable in accordance with the provisions of relevant laws.