Xinhua News Agency, Shanghai, March 14th Topic: Perspective on the security risks behind the "online celebrity Project" cooking tea around the stove.

　　Xinhua News Agency "Xinhua Viewpoint" reporters Dong Xue, Cheng Siqi, and Youzhi

　　Three or five friends sat around the fire to make tea, and the tea was fragrant; Paired with freshly baked sweet potatoes, oranges and chestnuts, the atmosphere is full. However, with the popularity of cooking tea around the stove, many people "try early" at home, causing safety problems such as carbon monoxide poisoning.

　　Fire experts suggest that it is not recommended to use charcoal fire to cook tea indoors. Insufficient combustion of charcoal will generate carbon monoxide, and excessive concentration will cause life-threatening. Even if it is fully burned, the oxygen content is declining, which is also harmful to health. In addition, it is necessary to guard against fire risks caused by open flames and high temperatures.

　　Closed indoor measurement: it only takes 15 seconds for the carbon monoxide detector to give an alarm.

　　A few days ago, a man in Shanghai reported to the police that two of his friends suddenly fell into a coma while eating. After the police arrived at the scene, they found that a charcoal stove for cooking tea was burning in the room, so they immediately took the charcoal stove to the rooftop and opened the window for ventilation. Fortunately, the three people were treated in time and were out of danger.

　　Recently, cooking tea around the stove has become a popular item for tea room leisure and family gathering. It is recommended to punch in, share equipment and ingredients, take photos and videos … … There are more than 750,000 notes about cooking tea around the stove in Xiaohongshu, and the popular videos about experiencing cooking tea around the stove in Tik Tok have attracted more than one million praises. According to the data of Tianyancha, nearly 30 enterprises in the name of cooking tea around the stove have been established in China recently, and related trademarks have been registered by many parties.

　　Cooking tea around the stove is a beautiful thing, but if it is done in a closed room, it will easily cause carbon monoxide poisoning. "Carbon monoxide is colorless and tasteless, and it is not easy to be detected. If the concentration exceeds 0.05%, it will cause harm to the human body." Chen Yuan, an engineer at the Fire Control Technology Division of the Fire Rescue Detachment in Huangpu District, said, "Mild carbon monoxide poisoning is characterized by severe headache, dizziness, weakness of limbs, nausea, vomiting, mild disturbance of consciousness and lethargy, and patients with coronary heart disease may have angina pectoris. If it is not treated in time, it will be life-threatening. "

　　The experiment of cooking tea around the fire in Huangpu District, Shanghai shows that in a closed room of about 60 square meters, only 15 seconds after the firemen lit the charcoal fire, the carbon monoxide detector gave an alarm. At 1 minute and 50 seconds, the concentration of carbon monoxide has exceeded 0.01%.

　　Firefighters are doing experiments to detect the concentration of carbon monoxide. Xinhua News Agency reporter Cheng Siqi photo

　　Improper operation of cooking tea around the stove has caused many accidents and casualties. During the Spring Festival this year, a mother and son in Yangzhong, Jiangsu Province, used a cast iron charcoal stove to cook tea at home. Because of the cold weather, they closed the doors and windows and died of poisoning. In January this year, a woman in Weifang, Shandong Province was cooking tea around the stove at home. After 3 hours, she felt a little unconscious and accompanied by vomiting. She went to the hospital for examination and found that it was moderate carbon monoxide poisoning.

　　Chen Yuan analyzed that compared with oxygen, carbon monoxide binds to hemoglobin in blood faster and dissociates more slowly. Carbon monoxide takes up a lot of hemoglobin, which will make the human body lose the ability to carry and transport oxygen, thus leading to poisoning. In addition, carbon combustion will consume oxygen and accumulate carbon dioxide; When the indoor oxygen content is as low as 10%, it may be life-threatening.

　　Fire risk should not be underestimated.

　　Due to the problems of open fire, continuous high temperature, uneven quality of ovens and unskilled operation, fire experts also highlighted the fire risk behind cooking tea around the stove.

　　— — Produce open flames and high temperatures. "When it is lit, Mars splashes out, especially if you can’t fan the wind. The more fans there are, the more Mars there are. Fortunately, there is nothing easy to burn on the table, otherwise I am really worried about the fire. " Ms. Zhang, a citizen of Beijing, said.

　　Gao Yan, supervisor of the comprehensive guidance section of the fire rescue detachment in Putuo District, Shanghai, explained: "On the one hand, the charcoal burning time is too long and the temperature is too high. If you accidentally knock over the stove, it may cause combustible materials to burn. On the other hand, it takes a long time for the charcoal fire to burn out. If you forget to put it out after cooking tea around the stove, it may also cause a fire. "

　　— — The quality of the oven is uneven and the operation is unskilled. The reporter noticed that the tools for cooking tea around the stove are very simple: a charcoal fire oven made of cast iron or pottery, a mesh baking tray, a teapot and some charcoal. E-commerce, group buying and other platforms are sold, and the package price ranges from tens of yuan to one or two hundred yuan.

　　"It only burned twice, and the chassis burned a hole." In a photo taken by a buyer, the hole in the bottom of the cast iron charcoal oven is clearly visible. A number of interviewees said that the oven they bought was not insulated: "The temperature on the outer surface of the oven was very high, and the first operation was unskilled, which burned the table."

　　— — There is an overload of electricity. Some businesses began to use electricity instead of charcoal fire. In the Yijing Xiaoshe Tea Room in Putuo District, Shanghai, the electric oven used by merchants is similar in shape to a pottery oven. After being electrified, the resistance wire is red and hot, and the high temperature on the surface of the oven can be felt by touching it with your hands. "At first, we used charcoal to cook tea around the stove. Later, for safety reasons, we changed to electricity, and the customer’s acceptance was not bad." The person in charge of the store said.

　　There are tea rooms that use electricity instead of charcoal. In the picture, the appliance for cooking tea around the stove is an electric stove. Xinhua News Agency reporter Cheng Siqi photo

　　Gao Yan suggested that changing carbon to electricity can really avoid carbon monoxide poisoning and other problems, but the fire risk of using this electric furnace still exists. Most of these electric furnaces are high-power electric equipment, which is easy to cause pressure on the circuit. Especially, it is possible for multiple boxes in the teahouse to use multiple electric furnaces at the same time, so it is necessary to prevent fires caused by overload electricity.

　　Tea should be cooked well and safely.

　　In order to cook tea around the stove safely and comfortably, Chen Yuan suggested that we should start from all aspects and standardize the safe operation at every step.

　　First of all, before cooking tea around the stove, you should buy utensils in regular shops and platforms, and you can’t find charcoal burning tools at will.

　　Second, try to choose outdoor places with open ventilation such as terraces and rooftops. If it must be carried out indoors, it is necessary to keep the windows open and ventilated, and it is best to use smoke extraction facilities.

　　Third, during the cooking process, reasonably adjust the spacing of items, stay away from combustible materials, and put heat insulation pads under the stove. At the same time, prevent children from approaching or touching charcoal burning equipment to prevent accidents such as burns. "Try to avoid baking things with high oil content, otherwise a large number of oil droplets will fall into the charcoal and the flame will soar." Chen Yuan added.

　　Finally, the charcoal fire must be extinguished after the tea is cooked around the stove. It is best to take the stove outdoors and add water to cool it, or wait until the charcoal burns out and completely ashes.

　　Ms. Ma, a citizen of Shanghai, suggested that the merchants who cook tea around the stove explain the precautions to customers in detail in advance. "Some merchants default that customers understand the procedures for cooking tea around the stove, and do not give necessary safety reminders. Customers can operate whatever they want, which has certain security risks."

　　Gao Yan suggested that customers should first understand the safety exits and evacuation passages when entering the tea room, and check the location of fire extinguishers such as fire hydrants. It is suggested that businesses should add fire extinguishing appliances. If electric furnaces are used, businesses should regularly check whether the circuits are aging and whether the electric furnaces are normal, and avoid connecting multiple high-power electrical equipment to the same socket at the same time.

　　In the crazy process of multinational pharmaceutical companies in China, grey means frequently appear. The GlaxoSmithKline case is just the tip of the iceberg. What are the criteria for multinational pharmaceutical companies to choose executives in China? What kind of deep background do they have?

　　After four senior executives of GlaxoSmithKline were detained, AstraZeneca, Sanofi, Lilly and other giants were also investigated by relevant departments, and the bribery scandal of multinational pharmaceutical giants intensified.

　　Multinational pharmaceutical companies have been operating in China for 30 years. Facing the huge market in China, the development and expansion of multinational pharmaceutical companies in China is more like a long-planned war. From the initial joint venture, to merger and acquisition, sole proprietorship, setting up factories and R&D centers in China, even the executives in China have changed from foreigners to local elites.

　　From tourism to immigration, from interviews to papers, the "grey marketing techniques" of pharmaceutical companies have also exposed the tip of the iceberg.

　　How do multinational pharmaceutical companies operate in China, and what are the arrangements for the establishment of various functional departments? How can multinational pharmaceutical companies penetrate into China step by step by relying on their strong economic strength and powerful government lobbying ability? What is the background of executives of multinational pharmaceutical companies?

　　Department secrets

　　The outbreak of GSK’s China Wo case presented a roadmap for a foreign company to promote drugs by illegal means in China. Zhao Hongyan, director of the legal department, liang hong, vice president and general manager of enterprise operation, Huang Hong, general manager of business development enterprise operation, and Zhang Guowei, president and director of human resources department, who are known as "GSK China Troika", were investigated by the public security department. Why did GSK executives in China collectively fall?

　　The reporter found that there is a very clear division of labor among mainstream European and American pharmaceutical foreign companies. The medical management of multinational pharmaceutical companies in China has been covered with political color.

　　A deputy general manager of a domestic pharmaceutical company told reporters, "Every multinational pharmaceutical company has different ways to play. The national market layout of multinational pharmaceutical companies in China is basically where the government relations built by the enterprises themselves extend. Considering the operation and security of multinational pharmaceutical companies in China, one of the main tasks of government relations management is short-term arrangement, medium-term plan and long-term plan, and there is a special annual budget for the expansion and maintenance of government relations. "

　　"Simply relying on market operation is not enough to maintain the production and development of enterprises. For example, the bidding management of provinces, the selection of essential drugs, the addition of medical insurance catalogues, and the new GMP standards will all be controlled and influenced by relevant national policies. Therefore, on the first day of investment in China, multinational pharmaceutical companies in Europe and the United States regard influencing government-related decision-making departments as their most important task. " A staff member of a medical association told reporters.

　　Pharmaceutical enterprises build their own government relations network nationwide, on the one hand, relying on the government relations department of the company, on the other hand, giving full play to the personal connections and business capabilities of resident marketers, and on the other hand, relying on the commercial customers of pharmaceutical enterprises.

　　An industry insider who did not want to be named said, "Multinational pharmaceutical companies are even more aware of the layout of approval power before and after the reform than government officials, and their familiarity with policies, laws and regulations is much higher than that of domestic pharmaceutical companies."

　　There are 11 departments in China headquarters of GSK. The four departments involved in this case are Legal Affairs, Human Resources, Business Development and Enterprise Operation. What is the department setup and division of responsibilities of multinational pharmaceutical companies in China?

　　The Ministry of Government Affairs is mainly responsible for developing and carrying out related work with National Medical Products Administration, the National Development and Reform Commission, the Price Bureau, the industrial and commercial departments, the Ministry of Justice and other government functional departments, and establishing and maintaining good communication and contact with relevant units and departments. For example, be responsible for the company’s product declaration and selection in the national or local basic medical insurance drug list, and ensure that the company’s products are selected in the trade name list or synonym library in relevant regions; Responsible for the bidding and winning of the company’s products in relevant regions of the country, improve market access, and ensure that the company’s products have good channel environment and policy environment support.

　　The Ministry of Public Affairs is mainly responsible for the work in the media and public propaganda. Publicize the public through some influential media or propaganda tools, such as newspapers, magazines, radio and television, and shape public opinion, thus affecting the decision-making of government departments or legislatures. In addition, carry out social welfare projects advocated by the government to shape the positive image of enterprises. Some common problems are provided to the legislature or decision-making body as experts and scholars or as alliance groups through industry associations, industry media, academic groups, etc.

　　Medical registration department, mainly dealing with new drugs on the market and National Medical Products Administration. Get more guidance and help from the national level, improve the efficiency of pharmaceutical companies in research and development, registration and approval of new drugs, and obtain policy support for existing products.

　　Business development department, mainly dealing with local pharmaceutical wholesale companies and price departments. Provide accurate and continuous information, trends and related policy analysis for internal departments of the company; Drafting opinions and supporting materials to provide reference and necessary support for other internal departments to negotiate with the official; Ensure the stability of the price system of pharmaceutical products.

　　The legal department is mainly responsible for dealing with the legal troubles that the company may face. Based on the long-term research on the policy and market of pharmaceutical industry, it provides policy judgments for pharmaceutical companies in their business decisions. Because multinational pharmaceutical companies are familiar with the laws of China, they directly contact legislators or government officials with decision-making power through formal meetings or other means, such as cooperating with the government to present the company’s position and views on behalf of the company, provide relevant information and share practical experience, so as to influence the decision-making of the government or legislative departments.

　　Cctv news(Reporter Wei Junhao) As one of the oldest characters in the world, how did Chinese characters come into being? On February 19th, "Freehand brushwork in China — — Exploring the Origin of Chinese Characters "The online theme propaganda interview group went into Nanle County, Puyang City, Henan Province, to explore the origin of Chinese characters and feel the profound Chinese culture.

　　Cang Xie Cultural Museum in Nanle County, located in Shiguan Village, Liangcun Township, 20 kilometers northwest of Nanle County, has Cangjie Ling and Cangjie Temple, which was specially built to commemorate Cang Xie.

　　According to relevant records, Cang Xie was the official historian of Xuanyuan Huangdi. "Before there were no words, the tribes at that time mainly made notes by knotting knots, memorabilia and small things. With the expansion of the Yellow Emperor tribe, Cang Xie couldn’t remember what happened in big things and what happened in small things, and needed a new method of keeping notes urgently. Since then, Cang Xie has watched the changes of the sun, the moon and the stars, and watched the changes of the forms of all things, invented our oldest pictograph, and opened a new chapter in Chinese culture. " Pang Xingang, a lecturer at the Cang Xie Cultural Museum, explained.

　　"Cang Xie created many words in his life, but now there are only 28 words left." Pang Xingang said that these 28 words are pronounced as: "Wu Si A and B, who are friends in the first place, stop in the world, and have a glorious reputation. They are home to each other, respected by Chishui and attacked by Ge Mao." Under the leadership of Emperor Xuanyuan, he defeated Chiyou, United all tribes, lived and worked in peace and contentment in the Yellow River valley, and agricultural civilization began.

　　With the general form of Chinese characters, the characters made in Cang Xie gradually made them easier to remember and write, and gradually evolved from simple symbolic forms into modern Chinese characters that we are familiar with. The creation of characters by Cangjie is of great significance to the evolution of China characters and the development of China culture. He is also known as "the ancestor of Chinese characters", "the father of the three religions" and "the Sect of All Saints".

　　In 2010, the United Nations designated "Grain Rain" in the 24th solar terms of the lunar calendar as Chinese Day to commemorate the contribution of Cangjie, the ancestor of Chinese characters.

　　Although Cang Xie has been buried under the loess of Nanle, the Chinese characters he created are timeless and have become the most meaningful and profound human language.

Notice on printing and distributing the forty-fifth batch of guiding cases in the Supreme People’s Procuratorate

People’s procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government, military procuratorates of the People’s Liberation Army, and people’s procuratorates of Xinjiang Production and Construction Corps:

By the decision of the fifth meeting of the 14th Procuratorial Committee of the Supreme People’s Procuratorate on May 26th, 2023, five cases (Inspection Case No.178-182), such as the second-instance protest case of crimes such as intentional injury by Wang and others, are now released as the 45th batch of guiding cases (the subject of criminal protest) for reference and application.

the Supreme People’s Procuratorate

June 25, 2023

The second instance protest case of Wang and others’ intentional injury and other crimes

(Inspection No.178)

[Keywords:]

Protest in second instance   Crime of evil forces   Coercing minors to commit crimes   Intentional injury to death   Review of compensation understanding agreement

【 gist 】

Procuratorial organs should strengthen special and priority protection for minors in handling cases, and severely punish those who commit crimes against minors with cruel means, bad circumstances and serious consequences. Coercing a minor to commit a drug crime, joining a criminal group of evil forces, and beating the minor to death by violent means are "extremely serious crimes" and the death penalty should be applied according to law. If the people’s court gives a lighter sentence on the grounds that the defendant and the injured party have reached an understanding agreement on compensation, the people’s procuratorate shall conduct a substantive review of the understanding agreement on compensation and comprehensively and accurately analyze whether the lenient punishment is appropriate. If an understanding of compensation is reached, but it is not enough for lenient punishment, the people’s procuratorate shall lodge a protest in accordance with the law, supervise and correct the wrong judgment, implement the principle of adapting the crime to punishment, and safeguard fairness and justice.

[Basic case]

Defendant Wang, male, born in March 1985, was unemployed and was sentenced to six months in prison for committing theft.

Defendant Long Mou, male, born in December 1989, is unemployed.

Defendant Wang Mouxiang, male, born in January 1963, is unemployed.

Defendant Mi Mouhua, female, born in October 1974, is unemployed.

The victim An Moujia, male, was born in March 2007 and died at the age of 11.

The victim An Mouyi, male, was born in May 2010 and is the younger brother of An Mouyi.

From the end of November 2017 to January 2019, in order to gain illegal benefits, Wang organized Longmou, Wang Mouxiang and Mi Mouhua to sell heroin 36 times in Panzhihua City, Sichuan Province, and allowed many people to take drugs in their rented houses. In June and July of 2018, in order to cover up the facts of drug crimes, Wang "adopted" his two sons An Moujia and An Mouyi on the condition of giving heroin worth 100 yuan to drug addicts Ji Mou, and controlled and coerced them to help them with drug trafficking, and also beat and abused them for a long time. Since August 2018, Wang has repeatedly forced An Mouyi to take heroin and other drugs in his rented house (after testing, morphine, monoacetylmorphine and methamphetamine were detected in An Mouyi’s hair samples, and An Mouyi’s left outer auricle was obviously deformed due to being beaten by Wang and others without timely treatment). Since November 2018, Wang arranged for Long to lead 8-year-old An Mouyi to sell drugs in Huashan, the eastern part of the city. Wang led 11-year-old An Moujia to buy drugs for sale and then "sporadic drug trafficking". Wang and others also have tools such as plastic pipes and electric batons for beating and controlling An Moujia and An Mouyi. From the evening of January 22, 2019 to the early morning of the next day, Wang learned from Longmou that An Moujia informed his mother Ji Mou about the drug trafficking of the gang, regardless of Wang Mouxiang’s dissuasion, and together with Long Mou burned cigarette butts in the rented house, using plastic pipes, electric batons and other tools to beat and shock An Moujia, and forced An Moujia to beat An Moujia, and also instructed Long Mou to force An Moujia to take drugs. On the morning of the 23 rd, An Moujia suffered from a large area of skin and soft tissue contusion.Hemorrhagic and traumatic shock death caused by subcutaneous hemorrhage. After the incident, Wang’s relatives reached a compensation agreement with Jimou, agreeing to compensate 100,000 yuan, paying 50,000 yuan in advance, and Jimou issued a letter of understanding, and the balance was paid before December 31, 2021. On December 5, 2019, Ji issued a letter of understanding after his family received 50,000 yuan.

On November 14, 2019, Panzhihua People’s Procuratorate filed a public prosecution, accusing the defendant Wang of intentional injury, drug trafficking, forcing others to take drugs, and hosts of others, and Wang and others constituted a criminal group of evil forces. On May 29, 2020, the Intermediate People’s Court of Panzhihua City held through trial that the criminal group of evil forces headed by the defendant Wang had repeatedly committed criminal activities of drug trafficking, intentional injury, sheltering others from taking drugs and forcing others to take drugs, which should be severely punished according to law. In particular, Wang was cruel in the crime of intentional injury and should have been severely punished. However, he considered that he had compensated the injured party for some economic losses and obtained an understanding, and was sentenced to death with a suspended sentence for intentional injury. Sentenced to 14 years in prison for drug trafficking and fined 50 thousand yuan; Sentenced to eight years in prison for forcing others to take drugs and fined 20 thousand yuan; Hosts of others was sentenced to three years’ imprisonment and fined 10,000 yuan. He was sentenced to death, suspended for two years, deprived of political rights for life, fined 80,000 yuan and restricted from commutation. The other three defendants were sentenced to five years to life imprisonment for intentional injury, drug trafficking and hosts of others. Defendants Wang, Long and Mi Mouhua refused to accept the judgment of the first instance and appealed.

[Procuratorial organ’s performance process]

(a) to put forward and support the protest

On June 7, 2020, Panzhihua City People’s Procuratorate lodged a protest with the Sichuan Higher People’s Court on the grounds of improper sentencing, and submitted it to the Sichuan Provincial People’s Procuratorate to support the protest. On August 21st of the same year, the People’s Procuratorate of Sichuan Province supported the protest.

During the review of the case, the People’s Procuratorate of Sichuan Province supplemented and improved some evidence around the key issues such as "whether the circumstances of compensation and understanding are enough to affect sentencing" and "whether Wang can be sentenced to death with a reprieve": First, re-examine the scene, review some witnesses and visit and investigate, focusing on the way and intensity of the injury behavior; The second is to ask witnesses to find out that the two victims were in good health and did not take drugs before being controlled by Wang and others; Third, in view of the fact that residents around the rented house were unwilling to testify because of panic during the first trial, they explained the law and collected and reinforced evidence of crimes committed by evil forces such as Wang and others who had beaten and abused two children for a long time and threatened to intimidate the surrounding people; The fourth is to verify the understanding of compensation, and find out that the defendant’s compensation is attached with the conditions that the injured party issues a letter of understanding, the court does not impose the death penalty, and the balance is paid after two years.

(two) the protest opinions and reasons

The procuratorate of Sichuan province believes that the court of first instance convicted the defendant Wang and others of drug-related crimes accurately and sentenced them appropriately; The behavior of intentional injury caused by Wang and others to the death of minors is accurate, but the sentencing is extremely light. According to the Opinions of the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security and the Ministry of Justice on Severely Punishing Crimes Committed by Evil Forces by Minors in March 2020, the act of coercing minors who have not reached the age of criminal responsibility to join evil criminal groups should be severely cracked down and severely punished according to law. Defendant Wang, as the ringleader of the evil criminal group, has long controlled and used minors to sell drugs, and has beaten, abused and maimed minors to death. The criminal motive is despicable, the means are cruel, and the circumstances are bad. He is a criminal with "extremely serious crimes" and should be executed immediately according to law. The specific reasons are as follows:

1. The court of first instance sentenced Wang to death with a reprieve on the grounds that his relatives compensated him and obtained the understanding of the injured party, and the sentencing was obviously improper. First, the defendant’s "compensation" for the loss of the injured party is an obligation that he should perform according to law, and it is not a necessary condition for lenient punishment. Moreover, the "compensation" in this case is attached with the conditions that the victim’s relatives issue a letter of understanding, the court does not sentence the death penalty to be executed immediately, and the full amount will be paid two years later, which is not sincere repentance; Second, the victim’s mother, Jimou, is a drug addict. Just to collect heroin with the value of 100 yuan, she gave up her legal support obligation, handed over two young children to drug dealers for control and abuse, and ignored the scars of the two victims for a long time. The letter of understanding issued by Jimou as the subject of understanding is not enough to produce the legal consequences of lenient punishment; Third, the defendant Wang’s motive and purpose of "adopting" two children and intentionally hurting them is to control and coerce them to commit drug crimes. Even if a compensation understanding agreement is reached for such extremely serious crimes, it is not enough to produce the legal consequences of lenient punishment.

2. Comprehensive evaluation of the facts, circumstances and consequences of this case, the court of first instance sentenced Wang to an improper death sentence. First, the target of infringement is minors, who generally lack the ability of self-protection and are the targets of special protection by law. In this case, the defendant Wang coerced children to take drugs and drug trafficking, beat, abused and maimed two children and caused one death, and the crime target was special; Second, the criminal motive is despicable. Wang has long controlled and used the victim for drug trafficking, and he was angry at the victim for fear of the crime being exposed, and he was beaten for a long time and with high intensity; Third, the criminal means are cruel, especially when the victim is tortured for a long time and his body is getting weaker and weaker, the defendant also forces the victim to take drugs, which accelerates the death of the victim; Fourth, the social impact is extremely bad. In order to commit drug crimes, Wang and others have forced and driven children to commit drug crimes for a long time, forcing children to take drugs, causing a child to die, causing serious social consequences, and the criminal behavior is outrageous, seriously challenging the bottom line of social morality. Therefore, Wang’s behavior not only infringes on minors’ right to life and health, but also seriously disrupts social order, which is extremely harmful to society and extremely serious. At the same time, Wang has the ringleader of evil criminal groups, criminal record theft and other aggravating circumstances, and plays a major role in the crime of intentional injury. His subjective malignancy is extremely deep and his personal danger is extremely great, so he should be severely punished according to law.

(3) the result of the protest

On October 30, 2020, the Higher People’s Court of Sichuan Province made a second-instance judgment, adopted the protest opinions of the People’s Procuratorate, commuted Wang’s death penalty for intentional injury, and decided to execute the death penalty. In March 2021, the Supreme People’s Court ruled to approve the death penalty.

(4) Pay attention to the protection of minors.

In the process of handling cases, the procuratorial organs in Sichuan Province pay attention to the protection of minors involved in the case, and promote the whole society to protect minors in various ways to create a good social environment for the healthy growth of minors. The victims An Moujia and An Mouyi’s mother Jimou were sentenced and served in prison in August 2019 for drug trafficking. Their fathers were drug addicts and have been missing for many years. The Sichuan Provincial People’s Procuratorate actively promoted the local civil affairs department to identify the victim An Mouyi as "the fact that no one raised the child", changed the guardian to his grandfather, coordinated and solved the problems of household registration, enrollment and living allowance, provided psychological counseling, and entrusted a third party to supervise the judicial assistance funds. In view of the problems exposed in this case, such as urban housing rental supervision, key personnel management, street security inspection, etc., Panzhihua City People’s Procuratorate issued procuratorial suggestions to relevant departments, promoted the implementation of rectification, and strengthened the prevention and control of social security.

[Guiding significance]

(a) the procuratorial organs should make a substantive review of the "compensation understanding agreement" and accurately put forward sentencing suggestions.Compensation understanding is a common discretionary light punishment in criminal cases, and it is one of the factors to evaluate the defendant’s attitude of confession and repentance and personal danger. During the review, the main considerations should be as follows: First, the compensation understanding is "can" be given a lighter punishment, not "must" be given a lighter punishment, and the applicable premise is that the defendant pleads guilty and repents; Second, the compensation understanding should examine whether the social relations damaged by criminal acts have been repaired to a certain extent. In the case that the victim dies or cannot express his will independently, the compensation understanding agreement issued by the victim’s relatives should be strictly examined and comprehensively and accurately grasped; Third, crimes that seriously endanger social order and affect people’s sense of security must be comprehensively measured and evaluated appropriately and accurately in combination with the facts, nature and other circumstances of the crime. On this basis, the procuratorial organ should make a substantive review of the compensation understanding agreement, such as whether the subject of understanding is qualified, whether the understanding will be voluntary and true, whether the understanding content is legal, whether there are unreasonable conditions attached, etc., and comprehensively put forward sentencing suggestions accurately.

(2) The death penalty should be resolutely applied to crimes against minors with "extremely serious crimes".The death penalty is only applicable to a very small number of criminals who commit extremely serious crimes. According to the Opinions of the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security and the Ministry of Justice on Punishing Crimes Committed by Evil Forces by Minors according to Law, we should severely crack down on and severely punish the acts of coercing minors who have not reached the age of criminal responsibility to join evil criminal groups according to law. The ringleaders of such evil criminal groups use minors to commit drug crimes, force minors to take drugs, and cause the death of the minors. The criminal means are cruel, the circumstances are bad, and the social harm is extremely serious. Therefore, the death penalty should be resolutely applied according to law.

(three) to strengthen the special and priority protection of minors, and severely punish crimes against minors according to law.Caring for the healthy growth of minors is the common responsibility of the whole society. In handling cases, procuratorial organs, on the one hand, should severely punish those who commit crimes against minors with cruel means, bad circumstances and serious consequences; On the other hand, we should pay attention to the protection of minors, promote comprehensive assistance to minors involved in the case through judicial assistance, psychological counseling, public interest litigation, and put forward procuratorial suggestions on social governance, and strive to create a good environment for the healthy growth of minors.

[Relevant regulations]

Articles 48 and 234 of the Criminal Law of People’s Republic of China (PRC)

Articles 228, 232 and 236 of the Criminal Procedure Law of People’s Republic of China (PRC) (revised in 2018)

Articles 3 and 10 of the Law of People’s Republic of China (PRC) on the Protection of Minors (revised in 2012) (now Articles 4 and 7 of the Law of People’s Republic of China (PRC) on the Protection of Minors revised in 2020).

Articles 1 and 2 of the Opinions of the Supreme People’s Court, the Supreme People’s Procuratorate, Ministry of Public Security and Ministry of Justice on Severely Punishing Crimes Committed by Minors according to Law (implemented in March 2020).

Article 9 of the Guidelines for Criminal Protest Work of the People’s Procuratorate (implemented in 2018)

Procuratorate handling the case: Sichuan Provincial People’s Procuratorate　Panzhihua People’s Procuratorate of Sichuan Province

Prosecutor in charge: Feng Jian   Wang Xiaolan   Qin Lirong   Baihua

Case writer: Li Chunjin   li xiaoxia

Liu moumou’s second-instance protest against drug trafficking

(InspectionNo. 179th)

[Keywords:]

Protest in second instance   Crime of drug trafficking   The defendant pleaded not guilty   Eliminate reasonable doubt   Direct revision of sentence

【 gist 】

If the people’s court declares the defendant innocent on the grounds of "reasonable doubt", the people’s procuratorate believes that the evidence on file can form a complete chain of evidence, and the defendant’s innocence excuse is not confirmed by evidence, it shall lodge a protest. At the same time, if it is really necessary, it is necessary to supplement and improve the evidence and explain the "reasonable doubt" that the people’s court thinks exists, so as to accurately eliminate the "reasonable doubt" and fully support the protest opinions and reasons. The people’s procuratorate may suggest that the people’s court directly revise the sentence in accordance with the law if the protest case is not beyond the scope of prosecution and accusation after finding out the facts.

[Basic case]

Defendant Liu Moumou, female, born in June 1982, is unemployed.

On December 21, 2015, the public security organ received a report from Zhou, and seized 1 kg of methamphetamine in a tea bag on the pedal of the passenger seat of a vehicle driven by Liu Moumou near a residential area in Panyu District, Guangzhou, Guangdong Province. One gold mobile phone was seized in the driver’s seat, one black mobile phone was seized in Liu’s hand, and one black wallet was seized in the passenger seat, including eight bank cards. Liu said that he runs a bird’s nest business, and the drugs in the car were left by a friend Zhou who just got off the bus. The next day, Liu was detained in criminal detention. Inquired by the public security organs, Zhou claimed that the drugs in the car were owned by Liu, and Liu asked him to help sell them. He lied to find the drug buyer in Liu’s vehicle and called the police after getting off the bus.

On September 22, 2016, the People’s Procuratorate of Panyu District, Guangzhou filed a public prosecution against Liu for the crime of illegal possession of drugs, and later changed the prosecution for the crime of drug trafficking. After three sessions, Panyu District People’s Court held that the defendant may be sentenced to more than life imprisonment and submitted to Guangzhou Intermediate People’s Court for jurisdiction. On July 4, 2017, the Guangzhou Municipal People’s Procuratorate filed a public prosecution against Liu for drug trafficking. After two sessions, Guangzhou Intermediate People’s Court held that although the drugs involved were found in the car of the defendant Liu Moumou, Zhou had just left the co-pilot seat of the vehicle involved before reporting, and the drugs were seized from the pedal of the co-pilot’s seat, which could not rule out Liu Moumou’s reasonable excuse that the drugs belonged to Zhou. Therefore, the fact that the procuratorate accused the defendant Liu of drug trafficking was unclear and the evidence was insufficient. On February 2, 2018, Liu was acquitted in the first instance.

[Procuratorial organ’s performance process]

(a) to put forward and support the protest

On February 12, 2018, the Guangzhou Municipal People’s Procuratorate filed a protest. On July 31 of the same year, the Guangdong Provincial People’s Procuratorate supported the protest.

During the period of reviewing and supporting the protest, the People’s Procuratorate of Guangdong Province further supplemented and improved the relevant evidence around the focus of the dispute: First, it checked the relationship and economic exchanges between Liu and Zhou, and further found out that Zhou did not have the economic conditions to buy 1 kg of methamphetamine, and there was no motive to frame Liu; Second, by combing Liu’s social relations and five drug-related crimes, it is found that four drug trafficking cases, including Ling and Liu’s drug family, are both in Chen Mou, and Chen Mou’s identity information is also found. It was reported that the Supreme People’s Procuratorate coordinated the Ministry of Public Security and successfully captured Chen Mou. Subsequently, an investigation was conducted around Chen Mou, which confirmed that Chen Mou had never done bird’s nest business and was suspected of engaging in drug-related criminal activities for a long time. However, Liu’s mobile phone detained on file had 28 calls and 26 short messages with Chen Mou from December 5 to 21, 2015 before the incident.

(two) the protest opinions and reasons

The procuratorate of Guangdong Province believes that the court of first instance unilaterally accepted Liu’s unreasonable excuse when it found the ownership of the drugs involved in the vehicle driven by the defendant Liu, and then unreasonably suspected that the drugs were owned by the witness Zhou, and found that the evidence that Liu constituted the crime of drug trafficking did not form a complete proof system, and reasonable doubt could not be ruled out. Therefore, the judgment of declaring Liu innocent was indeed wrong. The problems and flaws in obtaining evidence in the investigation of this case have not cut off the evidence chain. Liu’s innocent plea is contradictory to other evidence in the case. The evidence in the whole case is enough to prove Liu’s subjective and objective behavior of selling drugs. The specific reasons are as follows:

1. "Reasonable doubt" is not reasonable. The defense of the defendant Liu Moumou obviously contradicts other evidence in the case, and it is indeed wrong for the people’s court to make an acquittal on the grounds of "reasonable doubt". Liu argued that he operated the bird’s nest business. He went to Shanwei to buy smuggled bird’s nest the day before the incident, but he could not verify and log in his Wechat business account, nor could he provide the contact information of offline Wechat business or customers. Liu moumou argued that his trading with Zhou was a bird’s nest, but the words of both sides were obscure. SMS and WeChat recorded a lot of jargon and slang suspected of drug trading, which was inconsistent with the trading habits of bird’s nest; Liu Moumou said that driving with "goods" for sale, but the "goods" in the car are only drugs without bird’s nest; Zhou did not have the economic conditions to buy 1 kg of methamphetamine, and Liu argued that drugs were owned by Zhou without other evidence. The problems existing in the investigation of this case and the changes of some testimonies do not affect the authenticity and objectivity of the evidence, and have not cut off the evidence chain of the whole case. Witness Zhou said in the report phone that she knew the reported person Liu Moumou, and she was unwilling to provide her personal information and identification for fear of being retaliated, and changed some testimonies in court during the trial, but she has been steadily stating the basic facts of this case, so we can’t deny the evidential effect of her testimony.

2. The evidence in the case is enough to prove that Liu has the subjective intention and objective behavior of selling drugs. Evidence such as WeChat voice, voiceprint identification, call list and bank transaction flow in the defendant Liu’s mobile phone, as well as traffic surveillance video screenshots of Liu’s driving to and from eastern Guangdong, submitted by the procuratorate when filing a public prosecution, are enough to confirm that Liu bought drugs from criminals in eastern Guangdong and prepared to sell them through Zhou on the day of the incident. From a large number of drug trade jargon and code words stored in Liu’s mobile phone, it can be seen that he has been engaged in drug trade for at least one year, and the day before the incident, others other than Zhou were preparing to buy drugs from Liu. Based on the original evidence, Chen Mou’s guilty confession, which was supplemented during the protest, and Zhou’s reasons for the change of some testimonies, it is enough to confirm the fact that the drug involved was bought from Chen Mou in Lufeng City and brought back to Guangzhou for sale before Liu’s murder.

It should be noted that this case has been heard in the third-level court for seven times, and the People’s Procuratorate has presented new evidence to Liu Moumou and his defenders before the trial, fully listened to the opinions of the defense, and fully guaranteed the litigation rights of the parties in accordance with the law. In view of the clear facts of this case and the true and sufficient evidence, the People’s Procuratorate of Guangdong Province suggested that the Provincial Higher People’s Court change the defendant’s guilt according to law.

(three) the results of the protest and the follow-up of the case

On June 7, 2019, the Guangdong Higher People’s Court made a final judgment according to law after trial, adopted the protest opinion and sentenced Liu to life imprisonment for drug trafficking.

After the verdict came into effect, Liu made an appointment with the prosecutor, pleaded guilty and repented, voluntarily admitted all the criminal facts accused by the people’s procuratorate, and named Chen Mou. On July 6, 2020, Chen Mou was sentenced to death by the Guangzhou Intermediate People’s Court for selling 22 kilograms of methamphetamine. Chen Mou did not appeal and was executed in March 2023. Four people, including Ling Mou, who bought 21 kilograms of methamphetamine from Chen Mou, were sentenced to death and life imprisonment by the Guangzhou Intermediate People’s Court for drug trafficking, and the judgment has come into effect.

[Guiding significance]

(a) the correct application of the rules of evidence to exclude reasonable doubt.Reasonable doubt refers to the doubt based on evidence, logic and empirical rules, that is, there is a realistic possibility that the defendant is innocent in a case. In handling criminal cases, we should comprehensively review the evidence of the whole case, consider all factors, exclude reasonable doubts about the facts identified and draw unique conclusions. The people’s procuratorate should carefully examine the reasons for the court’s acquittal according to the evidence of the case if the "reasonable doubt" is improperly applied to make the acquittal. If it is really necessary, it is necessary to supplement and improve the evidence in order to accurately eliminate "reasonable doubts" and fully support the protest opinions and reasons. In view of the defendant’s innocence defense, we should pay attention to whether the defense is reasonable and whether there is contradiction with the facts and evidence of the case. For the case that the witness changes his testimony, we should make a comprehensive judgment based on the reasons for the witness’s change, the witness’s previous testimony and the confirmation of other evidence in the case. After comprehensive review, if there is a "reasonable doubt" in the case, we should adhere to the principle of no doubt and make a conclusion of innocence according to law; If the defendant’s defense contradicts the evidence of the whole case, or it is not supported by objective evidence, and it is inconsistent with the rules of experience and logic, it should be considered as "reasonable doubt".

(two) for drug-related crime cases in which the perpetrator does not plead guilty, it is necessary to comprehensively judge the subjective "knowing" of the drug-related crime according to the evidence on file and the actual situation of the case.When handling a case, the people’s procuratorate judges whether the actor "knows or should know that the object of the act is drugs", and should comprehensively consider various objective and actual situations in the case, and make a comprehensive analysis and judgment based on the evidence of the process, behavior mode, situation and environment when the drug was seized, combined with the age, experience, intelligence and knowledge of the actor. And the factual basis used as the premise of the presumption that the actor "knows or should know that the object of the act is drugs" must be proved by conclusive evidence.

(3) The people’s procuratorate may suggest that the people’s court directly revise the sentence in accordance with the law if the protest case is not beyond the scope of prosecution and accusation after finding out the facts.According to Article 236 of the Criminal Procedure Law of People’s Republic of China (PRC), if the facts of the original judgment are unclear or the evidence is insufficient, the people’s court of second instance may revise the judgment or send it back for retrial according to law after ascertaining the facts. In judicial practice, if the evidence supplemented by the people’s procuratorate after the protest is reinforced, the facts of the case are not beyond the scope of the prosecution, and the case has been tried many times, the relationship between the principle of litigation economy and the protection of human rights should be comprehensively considered, and it is suggested that the people’s court revise the judgment according to law after finding out the facts of the case.

[Relevant regulations]

Article 347 of the Criminal Law of People’s Republic of China (PRC)

Articles 55, 228, 232 and 236 of the Criminal Procedure Law of People’s Republic of China (PRC) (revised in 2018).

Articles 582, 584 and 589 of the Rules of Criminal Procedure of the People’s Procuratorate (Trial) (implemented in January 2013) (now articles 583, 584 and 589 of the Rules of Criminal Procedure of the People’s Procuratorate implemented in 2019)

Procuratorate handling the case: Guangdong Provincial People’s Procuratorate　People’s Procuratorate of Guangzhou City, Guangdong Province

Prosecutor in charge: He Xiongwei   Chen Shufen  

Case writer: He Xiongwei   I ring   Shelly

Li’s second-instance protest case of robbery, rape and forced indecency

(InspectionNo. 180th)

[Keywords:]

Protest in second instance   Examination and application of indirect evidence   Electronic data   Discover a new criminal fact   Supplementary prosecution

【 gist 】

For protest cases in which there are disputes about ascertaining the facts and applying the law, the people’s procuratorate should comprehensively collect, examine and judge and comprehensively use the evidence, make full use of technical means to collect electronic data, and pay attention to improving the evidence chain by using indirect evidence to ensure the accurate determination of the criminal facts and the application of the law. If the clues of missing crimes are found in the process of handling the protest case of the second instance, they shall be promptly transferred to the public security organ for investigation. If it is verified, it is suggested that the people’s court send it back for retrial, and the people’s procuratorate will supplement the prosecution on the new criminal facts to protect the defendant’s right to appeal according to law. The people’s procuratorate should strengthen the reverse examination, and find and improve the problems and deficiencies in the examination, arrest and prosecution by handling protest cases.

[Basic case]

Defendant Li, male, born in November 1986, is unemployed.

At about 16: 00 on June 26, 2016, the victim Rong reported to a police station in Heping Branch of Tianjin Public Security Bureau that Li had stolen his Alipay account of 4,000 yuan. After investigation, the public security organs found that Li met many women through online social platforms from March to June 2016. At 18 o’clock on June 24, 2016, Li met the victim Rongmou near a shopping mall. At 22 o’clock on the same day, he took him to the hotel room booked by Li, and then when Rongmou fell asleep, he used his fingerprint to unlock his mobile phone and steal RMB4,000 from Rongmou’s Alipay account. Li also used the same method to steal the victims from Yu, Chang, 500 yuan and 1000 yuan in the same hotel in March and May of the same year. On July 13, Li was arrested and brought to justice. On October 18, the public security organ transferred Li to the People’s Procuratorate of Heping District, Tianjin for review and prosecution on suspicion of theft.

On April 25, 2017, the People’s Procuratorate of Heping District, Tianjin filed a public prosecution against Li for robbery, accusing Li of meeting the victim Rong on June 24, 2016. During the meal, he put an unknown substance into the drink while he was unprepared, and took it to the hotel room at 22 o’clock that day. In the meantime, when Li Rong was asleep, he used his fingerprint to unlock, opened his mobile phone and transferred 4,000 yuan in his Alipay account to his Alipay account. Li also used the same method to rob the victims in 500 yuan and 1000 yuan in March and May of the same year.

On March 20, 2018, the People’s Court of Heping District of Tianjin made a first-instance judgment, and only found that Li secretly stole the criminal fact of the victim Rongmou of 4,000 yuan, and believed that Li was basically able to truthfully confess the criminal facts of theft, return the stolen money, and lightly sentence Li to one year and eleven months in prison and fined him 4,000 yuan.

[Procuratorial organ’s performance process]

(a) to put forward and support the protest

The People’s Procuratorate of Heping District, Tianjin believes that the first-instance judgment found that the defendant Li was guilty of theft because the facts were wrong, the applicable law was improper, and the sentence was extremely light. Li’s behavior met the constitutive requirements of robbery and should be recognized as robbery. On March 30, 2018, the People’s Procuratorate of Heping District of Tianjin filed a protest with the Tianjin No.1 Intermediate People’s Court and reported it to the No.1 Branch of Tianjin People’s Procuratorate to support the protest. On September 28, 2018, the first branch of Tianjin People’s Procuratorate supported the protest.

During the period of reviewing and supporting the protest, the First Branch of Tianjin People’s Procuratorate, in view of the differences between the prosecution and the law in the first instance, especially the view that the proof system constructed by indirect evidence can’t rule out reasonable doubt in the absence of direct evidence in this case, organized technical force to crack the encrypted partition of Li’s computer hard disk that had never been cracked in the first instance, and found that Li was also suspected of committing rape, forced indecency and other robbery crimes between 2013 and June 2016, so it was transferred to the public security organs for further investigation. Through a large number of indecent photos and videos, the identity information of 15 potential victims was determined, and then it was found that many women were raped, molested and photographed without knowing it. These victims don’t know each other, but they are basically similar to Li’s experience of communication and infringement, which fully proves that Li is in a state of "I don’t know how to resist, I can’t resist" after being given drugs. At the same time, change the investigation ideas and find ways and means for Li to obtain psychotropic drugs. By collecting the records of Li’s social security card, it was found that he prescribed psychotropic drugs on the grounds of insomnia, depression and epilepsy for many times, and collected evidence to confirm the objective fact that he had never suffered from mental diseases.

(two) the protest opinions and reasons

The Tianjin procuratorate believes that the court of first instance "cannot prove that the defendant Li put an unknown substance into the victim’s drink; It cannot be proved that there are unknown substances in the blood and urine of the victim that can cause coma; It cannot be proved that the victim was robbed of property in the state of "I don’t know how to resist and can’t resist"; It cannot be ruled out that there is a reasonable excuse for legitimate economic exchanges between Li and the victim, and the name of robbery accused by the procuratorate cannot be established. The key to distinguish theft from robbery in this case lies in whether the defendant uses other methods than violence or coercion to make the victim unable to resist and rob property. The evidence in the case can prove that the defendant Li constituted robbery rather than theft. Li used the usual means of putting drugs into coma in a premeditated and prepared way, and repeatedly committed robbery, rape and forced indecent assault. The specific reasons are as follows:

1. The evidence in the case can prove that the defendant Li put a drug that can cause coma in the drink. The hotel surveillance video, the victim’s statement and the witness’s testimony confirm each other, confirming that Li went out to buy drinks for the victim before or during the meal; Many defendants’ classmates, friends and inmates confirmed that Li had "shown off" the criminal facts of drugging people and having sex with them; The social security card purchase record and witness testimony confirmed that Li bought psychotropic drugs without suffering from related diseases.

2. The existing evidence can prove that there is no normal economic exchange between the victim and Li. Judging from the transfer amount, several victims confirmed that there was a contradiction between the transfer amount of Alipay and the AA consumption amount argued by Li; Judging from the transfer time, the victim’s certificate really doesn’t need cash during this period, and there is no need to exchange cash from Li after the transfer; Judging from the state at the time of transfer, many victims stated that they were dizzy and unconscious at that time, and then they were taken to a hotel or residence to fall asleep. During the transfer period, they were in a coma, and it was impossible to actively transfer money to Li, and some victims did not find out the fact that they had transferred money to Li until the public security personnel asked them.

3. The evidence on file has formed a complete chain of evidence. The victims are highly similar to the experiences and violations in the process of interacting with Li. After drinking the water or drinks provided by Li, they all went from dizziness to unconsciousness to complete coma, and the victims did not know each other. This special experience is no accident; Li’s mobile phone search browsing records confirmed that he had inquired many times about information such as "Is it suspected that there is no evidence to call the police?" "Is there monitoring on the fifth floor of a fashion plaza and the cinema?" "What is the performance of women being drugged?" After committing the crime, in order to avoid legal sanctions, Li also consulted a lawyer online on the legal consequences of "unauthorized Alipay transfer behavior" under the guise of the victim; Many victims confirmed that Li had persuaded the victim to change his mobile phone payment password to fingerprint payment during his interaction or when he met for dinner; The victim stated that he was in a coma at the time of the crime, which was consistent with the situation shown in the photos and videos on file, and mutually confirmed with the pharmacology and efficacy of drugs confirmed by expert opinions. It was nearly 48 hours when the victim Rong reported the case, and it was reasonable that no drug components were extracted from his body due to drug metabolism.

To sum up, the evidence in the whole case proves that the defendant Li met young women specially through the online social platform, and the target of the crime was not specific, and at the same time, he interacted with several victims. During the interaction, he persuaded the other party to change the screen saver of the mobile phone to unlock the fingerprint, and bought psychotropic drugs in advance, booked a hotel room, observed the payment method of the victim’s mobile phone after meeting, inquired about the payment password, put psychotropic drugs in the drink, and then took the unconscious victim to the hotel room after drinking the drink to commit the crime.

(3) remanding for retrial and supplementary prosecution

On September 29, 2018, Tianjin No.1 Intermediate People’s Court adopted the opinions of the procuratorate, ruled that the original judgment was revoked and sent back for retrial. On May 31, 2019, the People’s Procuratorate of Heping District of Tianjin filed a supplementary prosecution, accusing the defendant Li of robbing the victim’s Wu Mou bank card of 1,500 yuan by putting psychotropic substances in the drink from 2013 to 2016; Forced to have sex with four people, including Li Moumou, Liu Mou, Chang Mou and Yu Mou, and forced to defame Yang.

(four) the results of the protest and the follow-up situation.

On December 20, 2019, the People’s Court of Heping District, Tianjin adopted the protest opinions and accusation opinions of the People’s Procuratorate after trial, and found that the defendant Li was guilty of robbery, sentenced to 15 years in prison, deprived of political rights for two years, and fined 200,000 yuan; He was convicted of rape and sentenced to 15 years in prison and deprived of political rights for two years; He was convicted of compulsory indecency and sentenced to three years’ imprisonment. He was sentenced to 20 years’ imprisonment, deprived of political rights for four years and fined 200,000 yuan. After the verdict was pronounced in the first instance, Li appealed. The second instance ruling of Tianjin No.1 Intermediate People’s Court dismissed the appeal and upheld the original judgment.

The first branch of Tianjin People’s Procuratorate issued procuratorial suggestions to the medical and health authorities according to the management loopholes of Li’s fraudulent purchase of psychotropic drugs, promoted the medical and health authorities to carry out special rectification of drug use management, and issued regulations on the management of psychotropic drugs; Communicate and negotiate with the Municipal Women’s Federation and invite professional psychological counselors from the Women’s Legal Psychological Help Center to provide psychological counseling to the victimized women; Focusing on the problems existing in the process of prosecuting and accusing crimes in this case, we will establish a review and prosecution reporting mechanism for major and complicated criminal cases and a consultation mechanism for criminal protest cases to further improve, standardize and improve the quality of handling cases and enhance the effectiveness of handling cases.

[Guiding significance]

(a) pay attention to the collection of objective evidence, including electronic data, make full use of indirect evidence, and integrate other evidence on file to form a complete chain of evidence to prove the facts of the case.For those who determine a crime by indirect evidence, it is necessary to comprehensively verify the evidence in the case, use evidence reasoning to conform to logic and experience, eliminate reasonable doubt according to the evidence, and form a complete chain of evidence in the whole case. For each piece of indirect evidence, we must confirm its authenticity and legality, fully explore the relevance between evidence and facts, and between evidence and evidence, and enhance the probative force of indirect evidence. In the process of collecting and fixing evidence, we should pay attention to collecting and using electronic data to prove crimes, so as to realize the efficiency of scientific and technological strong inspection in perfecting the evidence chain, prosecuting and accusing the crimes, and proving crimes.

(2) In the course of handling the protest case of second instance, if new criminal facts are discovered, the people’s procuratorate shall transfer them to the public security organ for investigation, and if it is verified, it is suggested that the people’s court send them back for retrial, and the people’s procuratorate shall make supplementary prosecution.In the process of protest in the second instance, if the people’s procuratorate finds that the facts of the original judgment are unclear and there are new criminal facts, it shall request the public security organ to investigate and transfer the case for prosecution. In order to fully protect the defendant’s right of appeal against the criminal facts of supplementary prosecution, the people’s procuratorate should suggest that the court of second instance rule to revoke the original judgment and send it back for retrial. After the investigation by the public security organ is completed and transferred for review and prosecution, the people’s procuratorate will make supplementary prosecution, so as to comprehensively, accurately and forcefully crack down on crimes and protect the defendant’s right of appeal according to law.

(three) in handling protest cases, we should strengthen the reverse examination, find and improve the problems and shortcomings in the work of arresting and prosecuting.Facts and evidence are the basis and premise of running every case well with high quality and efficiency. Some protest cases will expose the problems existing in the process of examination, arrest and prosecution, such as lax examination, lax control and poor proof. The people’s procuratorate should handle protest cases, strengthen the reverse examination, timely analyze and study the causes of these problems, improve, standardize and improve them, enhance the ability to handle cases and ensure the quality of handling cases.

[Relevant regulations]

Articles 236, 237, 263 and 264 of the Criminal Law of People’s Republic of China (PRC).

Articles 228, 232 and 236 of the Criminal Procedure Law of People’s Republic of China (PRC) (revised in 2018)

Articles 368, 582, 584 and 589 of the Rules of Criminal Procedure of the People’s Procuratorate (Trial) (implemented in January 2013) (now articles 334, 583, 584 and 589 of the Rules of Criminal Procedure of the People’s Procuratorate implemented in 2019)

Articles 3 and 11 of the Provisions of the People’s Procuratorate on Procuratorial Suggestions (implemented in 2019)

Procuratorate handling the case: No.1 Branch of Tianjin People’s Procuratorate　Tianjin Heping District People’s Procuratorate

Prosecutor in charge: Qi Yingping   Chen Bo   Li Yanling  

Case writer: Du Guowei   Bai chunan   Lu Xu

Meng Moumou and others organized, led and participated in the underworld.Retrial protest case of crimes such as nature organization and trouble-seeking.

(InspectionNo. 181st)

[Keywords:]

Retrial protest   The ruling allows the withdrawal of the appeal   Self-investigation   Supplementary prosecution   Strengthen supervision and performance of duties

【 gist 】

If the defendant refuses to accept the judgment of first instance, and after the appeal expires, he applies to withdraw the appeal and the people’s court decides to allow it, if the people’s procuratorate thinks that the judgment of first instance is really wrong, the people’s procuratorate at the same level of the people’s court that made the decision to allow the withdrawal of the appeal has the right to lodge a protest in accordance with the procedure of trial supervision. After the protest, the people’s court ordered the case to be tried in accordance with the procedure of first instance. If the people’s procuratorate found that the original case omitted the criminal facts, it should supplement the prosecution; If it is found that the suspects in the same case are missing, they should be prosecuted additionally, and it is suggested that the people’s court should try the cases ordered for retrial together with the cases supplemented and prosecuted additionally, and punish several crimes concurrently. People’s procuratorates should strengthen supervision in handling cases, make full use of the combination of self-investigation and supplementary investigation by investigation organs (departments), strengthen the connection between investigation, prosecution and supervision, dig deep into the omission of crimes and offenders, promote the governance of the source of complaints, and continue to make supervision and handling cases thorough and practical.

[Basic case]

Defendant Meng Moumou, male, born in January 1971, is the owner of a sand mining field.

Defendant Zhang, male, born in October 1989, is unemployed and an active participant in Meng’s underworld criminal group.

The basic information of the remaining 10 defendants is brief.

From 2014 to May 2016, the defendant Meng Moumou and others rented other people’s fish ponds in the future sub-section of Weishan Lake waters (sand mining area, with sand mining license required) to dig the waterway privately, and used sand pump boats to illegally sand more than 290,000 tons, with a value of more than 8 million yuan; From November 2014 to May 2016, the defendant Meng Moumou and others opened an illegal sand mining area in Xiang Liu Zhuang section of Nansi Lake waters, knowing that the waters of Nansi Lake were prohibited by the state. The total amount of illegal sand mining was more than 230,000 tons, with a value of more than 7.49 million yuan.

On March 3, 2014, the defendant Meng Moumou and others prevented the law enforcement officers of the fishery station from seizing two barrels of diesel oil and some maintenance tools used for illegal sand mining on the sand mining boat, blocked the law enforcement vehicles in front and back with cars, verbally abused and threatened the law enforcement officers, and snatched the diesel oil and maintenance tools that were seized according to law. On April 3, 2014, the defendant Meng Moumou and others stopped the police car in the waters of Zhanglou, Weishan County, and threatened the law enforcement police with words. The whole process lasted for about 10 minutes. Later, Meng Moumou and others saw that the purpose could not be achieved and left. On March 12, 2015, the defendant Zhang and others drove a number of motorboats into a law enforcement patrol boat in the waters of Zhanglou, Weishan Lake, and quickly circled around the law enforcement boat, forming huge waves that prevented the law enforcement boat from approaching the sand mining boat. Zhang also drove a motorboat into the law enforcement boat, causing the law enforcement boat to enter the water and throwing stones and mud at the law enforcement boat.

On February 26, 2016, the defendants Meng Moumou and others drove speedboats to block Han Moumou and Li Moumou who were fishing in Zhanglou Lake in Weishan Lake waters, and beat them with bamboo poles on a mound on the lake, causing minor injuries to Han Moumou and Li Moumou.

On December 7, 2016, the People’s Procuratorate of Peixian County, Xuzhou City, Jiangsu Province filed a public prosecution against 12 people, including Meng Moumou, for the crimes of illegal mining, obstruction of official duties and provocation. The Peixian People’s Court held that the crime of illegal mining accused by the procuratorate did not constitute a heavier provision for the forbidden mining area; Only one of the three crimes against official duties can be identified; If the nature of the crime of stirring up trouble is improper, it should be regarded as intentional injury. On June 26, 2017, the Peixian People’s Court sentenced 12 people, including Meng Moumou, to fixed-term imprisonment ranging from ten months to four years and ten months for crimes of illegal mining, obstruction of official duties and intentional injury. After the verdict was pronounced in the first instance, two defendants appealed and then applied to withdraw their appeals. On February 9, 2018, Xuzhou Intermediate People’s Court ruled that the appeal was allowed to be withdrawn, and the judgment of the first instance took effect from the date of delivery of the ruling.

[Procuratorial organ’s performance process]

(1) lodge a protest

When reviewing the ruling made by the people’s court at the same level, the Xuzhou Municipal People’s Procuratorate found that the original judgment was wrong in fact finding and law application, and the sentence was extremely light, and there were major clues of missing criminal facts and accomplices. On March 15, 2018, a protest was filed with the Xuzhou Intermediate People’s Court in accordance with the trial supervision procedure.

(two) the protest opinions and reasons

The Xuzhou Municipal People’s Procuratorate believes that the fact-finding and law application of the original judgment were wrong, and the sentencing was extremely light. The specific reasons are as follows:

1. The original judgment did not determine that the plot of the forbidden mining area was improper. According to law, the administrative organs declared Weishan Lake waters as a forbidden mining area, and carried out law enforcement inspections many times. In the same period, the effective judgments of many similar cases also identified the area as a forbidden mining area.

2. The original judgment did not find that some facts of the crime of obstructing official duties were improper. Witness testimony, law enforcement recorder and statements of law enforcement personnel can prove that Meng Moumou and others have repeatedly resisted law enforcement, rallied many people to threaten and insult law enforcement personnel, forced law enforcement vehicles to stop by car, destroyed law enforcement vessels, and robbed seized items, which led to the failure of law enforcement activities to proceed normally.

3. The original judgment changed the nature of seeking trouble. The victims Han Moumou and Li Moumou stated that when they went to the lake to catch fish on the day of the incident, they were surrounded and beaten by Meng Moumou and others, forced to kneel down and be videotaped. The containment and beating behavior of Meng Moumou and others cannot be regarded as intentional injury because of disputes between the two sides. Meng Moumou and others, in order to seek illegal interests or form illegal influence, organized illegal demarcation of sand mining in waters, chasing, intercepting and beating fishermen, causing minor injuries, seriously undermining social order, and the circumstances are bad, which should be considered as the crime of seeking trouble.

On September 21, 2018, Xuzhou Intermediate People’s Court ordered Pei County People’s Court to retry. On April 1, 2019, the Xuzhou Intermediate People’s Court ruled that the original judgment was revoked and the Yunlong District People’s Court was appointed to try the case in accordance with the procedure of first instance.

(3) Procuratorial organs conduct investigations on their own.

Xuzhou People’s Procuratorate organized a special force to collect related cases. After examination, it was found that there were more than 20 members of the illegal mining gang headed by Meng Moumou. Many cases have been examined and handled by the courts in Shandong and Jiangsu. In addition, many criminal facts and clues have not been verified, and there are still problems such as public officials’ shareholding in business. It is likely that it is a crime committed by underworld organizations in the field of natural resources, so self-investigation work has been carried out.

1. Visited 56 relevant witnesses such as administrative law enforcement personnel and surrounding people, and collected 32 pieces of evidence, such as notices prohibiting illegal sand mining, law enforcement videos of fishery administration departments, failure to effectively handle alarm records, injury identification, etc., which reinforced the evidence that Weishan Lake waters are prohibited from mining areas and Meng Moumou and others are obstructing official crimes.

2. Around the gang’s violent resistance to law enforcement, competition for sand mining areas, organizational structure level, and "umbrella" clues, it was verified that Meng Moumou and others used organizational power and influence to forcibly buy fishermen’s fish ponds, competed with other illegal sand mining forces for sites, gathered people to fight, wooed law enforcement officers and grassroots organizations, beat and abused villagers at will, and illegally fished aquatic products during the fishing ban.

3. Inform the public security organs of the case, supervise and put on record the criminal acts of Meng Moumou and others such as organizing, leading, participating in underworld organizations and bribing non-state staff, and request the investigation and transfer of the missing crimes such as illegal mining and trouble-making, involving a total of 16 missing offenders, 7 new charges and 18 new criminal facts.

4. Dig deep into duty crimes and transfer clues of violation of law and discipline to the Commission for Discipline Inspection.

(four) the results of the referee and the investigation of the clues of duty crimes.

In June 2019, the People’s Procuratorate of Yunlong District made supplementary and additional prosecutions against 28 people, including Meng Moumou, for allegedly organizing, leading and participating in underworld organizations, robbery, forced trading, affray, illegal fishing of aquatic products, bribery and bribery of non-state staff. On September 29, 2020, the Yunlong District People’s Court adopted the protest opinions and accusation opinions of the People’s Procuratorate, and sentenced the defendant Meng Moumou to 19 years’ imprisonment for organizing, leading and participating in organized crimes of underworld nature, robbery, illegal mining, forced trading, affray, provocation, obstruction of official duties, illegal fishing of aquatic products, bribery and bribery of non-state staff. After the verdict was pronounced in the first instance, Meng Moumou and others appealed. On March 15, 2021, Xuzhou Intermediate People’s Court ruled that the appeal was dismissed and the original judgment was upheld.

The organization’s "protective umbrella" Pei County Public Security Bureau’s former policemen Zhang and Zheng, and Pei County Land and Resources Bureau’s former head of the mine management department Li and other five people were sentenced to five years and six months to one year and six months respectively for accepting bribes and bending the law for selfish ends. In addition, 11 public officials were given disciplinary sanctions.

(five) to actively perform their duties according to law, and promote the source of litigation.

During the handling of the case, the People’s Procuratorate of Yunlong District filed a criminal incidental civil public interest lawsuit against Meng Moumou and others for illegal mining and illegal fishing of aquatic products. On April 6, 2021, Yunlong District People’s Court ruled that Meng Moumou and others should bear the ecological environment restoration cost of 4.51 million yuan. At the same time, in response to the grassroots governance problems reflected in the case, the Yunlong District People’s Procuratorate communicated with the Pei County People’s Procuratorate and issued procuratorial suggestions to promote government functional departments to carry out rectification from strengthening clean government education and grassroots organization construction; Pei County People’s Procuratorate led the public security, water conservancy, environmental protection, Nansihu Lower Lake Water Conservancy Administration and other units to jointly hold a "symposium on cracking down on environmental crimes and protecting Weishan Lake ecology", established a special struggle cooperation mechanism with Weishan County People’s Procuratorate of Shandong Province, and carried out Pei Wei’s "Nansihu Nature Reserve Ecological Environment Protection and Public Interest Litigation Special Activities" to promote comprehensive management around Weishan Lake by case handling.

[Guiding significance]

(1) If, after the court has ruled that the appeal is allowed to be withdrawn, the effective judgment of first instance is indeed wrong and a protest should be lodged, the people’s procuratorate at the same level of the people’s court that made the ruling has the right to lodge a protest in accordance with the procedure of trial supervision; After the court orders a retrial, if the people’s procuratorate finds that the crime has been omitted, it shall supplement the additional prosecution.According to "the Supreme People’s Court on the application"Interpretation of the Criminal Procedure Law of People’s Republic of China (PRC), if the appeal is requested to be withdrawn after the expiration of the appeal period, after the court of second instance has made a ruling to allow the defendant to withdraw the appeal after examination, the judgment and ruling of first instance will take effect from the date when the ruling to allow the withdrawal of the appeal is served on the appellant. A legally effective judgment made by the court on a case is a judgment of first instance. If the people’s procuratorate at the next higher level thinks that the judgment is really wrong, it has the right to lodge a protest in accordance with the trial supervision procedure. After the protest, the people’s court ordered a retrial in accordance with the procedure of first instance, and if the people’s procuratorate found that the original case omitted criminal facts, it should supplement the prosecution; If it is found that the suspects in the same case are missing, they should be prosecuted additionally, and it is suggested that the people’s court should try the cases ordered for retrial together with the cases supplemented and prosecuted additionally, and punish several crimes concurrently.

(two) the procuratorial organs should strengthen the supervision consciousness, give full play to the supervision function, strengthen their own investigation, and actively guide the investigation and evidence collection.The people’s procuratorate shall, on the principle of necessity, appropriateness and effectiveness, carry out its own investigation on the clues of trial supervision of criminals who have different judgments and missed crimes in the same case. Flexible use of a variety of evidence collection methods, through on-the-spot investigation, collecting documentary evidence, visiting and questioning witnesses, etc., to enhance the experience of handling cases and improve the accusation evidence system; For cases with problems in facts and evidence, the procuratorial organ shall promptly return them to the investigation organ to carry out supplementary investigation, set out a detailed outline of supplementary investigation, and urge them to supplement and improve the evidence in time. Strengthen the cooperation between prosecutors and police and the connection between supervision and inspection, inform and judge the case, accurately list the supplementary investigation outline, fully communicate with investigators and investigators to verify the main points, dig deep into and thoroughly investigate the crimes and crimes, and comprehensively and accurately crack down on crimes.

(3) People’s procuratorates shall perform their duties in a dynamic and integrated way on a case-by-case basis, so as to promote the governance of the source of complaints.In the process of handling cases, people’s procuratorates should fully and thoroughly perform their legal supervision duties, strengthen the supervision of filing cases, investigation activities and trials, dig deep into missing crimes and offenders, supervise and correct wrong judgments, and punish them as crimes; It is necessary to strengthen the active performance of duties, extend the function of procuratorial handling cases to social governance, and promote the improvement of rules and regulations in related industries and fields by putting forward procuratorial suggestions, carrying out judicial assistance, doing a good job in popularizing the law, carrying out regional alliances, and cooperating with departments, and promoting the prevention and control at the source; For criminal acts in the field of environmental resources, we should combine our efforts, simultaneously file criminal incidental civil public interest litigation, help protect the ecological environment, achieve equal emphasis on "punishment" and "governance", and serve the overall situation of economic and social development.

[Relevant regulations]

Articles 277, 293 and 343rd of the Criminal Law of People’s Republic of China (PRC).

Articles 113 and 254 of the Criminal Procedure Law of People’s Republic of China (PRC) (revised in 2018)

Article 308 of the Interpretation of the Supreme People’s Court on the Application of the Criminal Procedure Law of People’s Republic of China (PRC) (implemented in January 2013) (now article 386 of the Interpretation of the Supreme People’s Court on the Application of the Criminal Procedure Law of People’s Republic of China (PRC), implemented in 2021).

Articles 3 and 11 of the Provisions of the People’s Procuratorate on Procuratorial Suggestions (implemented in 2019)

Procuratorate handling the case: Xuzhou People’s Procuratorate, Jiangsu Province　Pei County People’s Procuratorate, Xuzhou City, Jiangsu Province　Yunlong District People’s Procuratorate of Xuzhou City, Jiangsu Province

Prosecutor in charge: Rao Bendong   Zhang defeng  

Case writer: Guilin Hu   Liang Xiaoyong

Song moumou’s protest case of dangerous driving in the second instance and retrial

(InspectionNo. 182nd)

[Keywords:]

Continue to protest   Crime of dangerous driving   Internal supervision and restriction of non-prosecution   Examination and judgment of judicial expertise

【 gist 】

The people’s procuratorate shall standardize the exercise of the right of no appeal in accordance with the law, strengthen the internal supervision and restriction of the decision of no appeal through filing and examination, and strive to improve the level of examination and prosecution and the quality of handling cases. When there are two or more judicial expertise opinions on the same specialized issue, and the conclusions are inconsistent, prosecutors should pay attention to the substantive review from the aspects of the compliance of the appraisal subject, the legality of the appraisal procedure, the scientificity of the appraisal method, the sufficiency of the appraisal materials and the rationality of the analysis and demonstration. In order to ensure the protest effect, the people’s procuratorate can further reinforce the evidence through its own investigation, fully support the opinions and reasons of the protest, and fully perform the duties of criminal trial supervision and safeguard judicial justice through continuous protest and continuous supervision.

[Basic case]

Defendant Song Moumou, male, born in February 1980, was a former clerk of a bureau in Haikou City, Hainan Province.

At 20: 22 on November 16, 2015, the defendant Song Moumou drove from west to east and turned right from Binhai Avenue in Haikou City into Changyi Road, and drove to the east gate of Changyi New Village to stop. Song Moumou got off the car and went to sleep on the sidewalk across the road. This process was seen by Zhang Moumou, an armed police soldier who was standing guard at the east gate of Changyi New Village. Zhang Moumou reported it to Wen Moumou, the platoon leader, and Chen Moumou, the squad leader. They immediately rushed to the scene to check. At that time, the urban management team patrolling the road called the police and the traffic police arrived at the scene to deal with it. After blood test, the alcohol concentration of Song’s blood sample was 213mg/100ml. At about 19: 40 on the same day, the victim Zhang was hit by a vehicle driving an electric car at the intersection of Chang ‘an Road, Binhai Avenue, Haikou City, and the vehicle escaped. After identification, the scattered objects at the scene of the accident were separated from the right side of the front car of Song Moumou, and it was confirmed that the right side of the front car collided with the rear tail of the electric car. The degree of injury of the victim Zhang was assessed as minor injury. On November 18th of the same year, Song Moumou was released on bail pending trial by Haikou Public Security Bureau on suspicion of dangerous driving. After the incident, Song’s wife, Wu Moumou, reached an agreement with the victim Zhang to compensate the victim for a one-time economic loss of 42,000 yuan. Zhang expressed his understanding to the owner.

After the investigation by the public security organs ended, on December 18th, 2015, Song was transferred to the People’s Procuratorate of xiuying district, Haikou for examination and prosecution on suspicion of dangerous driving. On June 3, 2016, the People’s Procuratorate of xiuying district decided not to prosecute Song because of unclear facts and insufficient evidence in this case, and reported it to the higher procuratorate of the Daily for filing and review. Haikou Municipal People’s Procuratorate reported to Hainan Provincial People’s Procuratorate after examination. After examination, the Hainan Provincial People’s Procuratorate found that the decision not to prosecute was wrong, and requested the xiuying district People’s Procuratorate to correct it. On March 23, 2017, the People’s Procuratorate of xiuying district revoked the original decision not to prosecute, and on the 29th of the same month, it prosecuted Song for dangerous driving. On September 28, 2017, the xiuying district People’s Court held that the facts of the prosecution’s accusation of Song’s crime of dangerous driving were unclear and the evidence was insufficient, and Song was acquitted.

[Procuratorial organ’s performance process]

(A) the first protest of second instance

On October 9, 2017, xiuying district People’s Procuratorate lodged a protest with Haikou Intermediate People’s Court. On November 18, 2017, Haikou Municipal People’s Procuratorate supported the protest.

In view of the court of first instance’s acquittal reason that "the evidence that the procuratorial organ proves that the vehicle involved was driven by Song Moumou is indirect evidence, which can’t form a complete chain of evidence, and the possibility that someone else was driving the vehicle in the meantime can’t be ruled out. Based on the existing evidence, reasonable doubt can’t be ruled out, and it’s difficult to draw a unique conclusion. The fact that the procuratorial organ accused the defendant of dangerous driving is unclear and the evidence is insufficient", Haikou City’s procuratorial organ believes that the court of first instance unilaterally accepted the defendant’s defense, which is indeed wrong, and the evidence on file is enough to prove that Song

1. There is sufficient evidence to prove that Song was the driver of the car at the time of the incident. The witness Zhang Moumou’s testimony in this case is objective and detailed, and the testimony has been consistent for many times, which can confirm that Song Moumou got off the car and there was only one person in the car at that time; The testimony of many witnesses, such as Wen Moumou, confirmed that Song Moumou was a drunk lying on the sidewalk beside the green belt; Documentary evidence such as the police’s journey, the arrival of the case and the "Road Traffic Accident Confirmation" also confirmed that Song Moumou was the driver of the car.

2. Song Moumou’s argument that the car is not his driving should not be accepted. Song argued that the car was driven by "Wei", but the identity information of "Wei" could not be verified, and his mobile phone number had been stopped. Song’s argument about how to know "Wei" and how they met and ate together by chance was inconsistent; Eyewitness Zhang Moumou confirmed that Song Moumou got off from the driver’s seat, and many witnesses confirmed that Song Moumou, who was drunk on the street, was unaccompanied and there was no one else in the car; Song Moumou confessed that he only drank a can of beer, but the blood alcohol concentration of Song Moumou was as high as 213mg/100ml nearly five hours after a can of beer. He was in a state of severe drunkenness and vomited a lot, which was unreasonable. Therefore, there is no other evidence to prove Song’s defense, and his defense reasons are beyond daily life experience, and the authenticity of the content is in doubt. Song’s defense should not be accepted.

At the same time, in order to fully explain the protest opinions and reasons, after the protest, the procuratorial organ extracted the surveillance video samples of the road section where the crime occurred and entrusted Guangdong Jiesite Audio-visual Data Judicial Appraisal Institute for appraisal. The appraisal opinion (hereinafter referred to as "Guangdong Jiesi Image Appraisal Opinion") is: "The surveillance video record sent for inspection: it appeared on’ Binhai Avenue-Changyi Road’ at 20: 20: 41 on November 16, 2015 and was monitored.

On December 28th, 2017, Haikou Intermediate People’s Court decided to send it back to xiuying district People’s Court for retrial. During the trial in xiuying district People’s Court, the defendant Song Moumou refused to accept the "Guangdong Jiesi Image Appraisal Opinion", and the xiuying district People’s Court entrusted the Judicial Appraisal Center of Southwest University of Political Science and Law and Guangdong Tianzheng Judicial Appraisal Center to re-identify the identity of the above video surveillance image with the defendant Song Moumou. On September 20 and 21, 2018, the Judicial Appraisal Center of Southwest University of Political Science and Law and Guangdong Tianzheng Judicial Appraisal Center made written opinions respectively, arguing that the faces of the samples were highly blurred and did not meet the requirements for video portrait appraisal. On December 4, 2018, the People’s Court of xiuying district held that there was insufficient evidence to prove that Song had committed the crime of dangerous driving, and reasonable doubt could not be ruled out, and Song was acquitted again.

(2) Protest in the second instance

On December 13, 2018, the People’s Procuratorate of xiuying district filed a protest for the second time. On May 17, 2019, Haikou Municipal People’s Procuratorate supported the protest.

In addition to the reasons put forward during the protest of the first trial, Haikou Municipal People’s Procuratorate put forward the following protest opinions and reasons:

1. It is improper for xiuying district People’s Court not to adopt the "Guangdong Jiesi Image Appraisal Opinion". The contents of "Guangdong Jiesi Image Appraisal Opinion" are objective and true, the appraisal procedure is legal, and the appraisal institution and appraiser are qualified, so it should be accepted as one of the evidences in this case. The first is to obtain the qualification certificates of the appraisal institutions and appraisers on file and the qualification certificates of two appraisers obtained by the investigation organs from the Guangdong Provincial Department of Justice, so as to confirm that the appraisal institutions and appraisers are qualified. Second, this appraisal opinion is not contradictory to the opinion of "it is a man" issued by the image appraisal center for the first time before, and it is issued according to different entrustment scope, but further confirms the facts of this case. And this evidence is only one of the evidences in this case, not the only one. Together with other evidences in the case, this evidence has reached a true and sufficient degree of proof and jointly proved the facts of this case. Third, the opinions of the Judicial Appraisal Center of Southwest University of Political Science and Law and the Judicial Appraisal Center of Guangdong Tianzheng, which were re-entrusted by the xiuying district People’s Court, that "the same sample cannot be appraised" cannot deny the objective truth of the "Guangdong Jiesi image appraisal opinion".

2. The Letter of Confirmation of Road Traffic Accidents and the Notice of Handling Road Traffic Safety Violations issued by the road traffic management department are an important part of the evidence chain of this case. It is determined that the accident occurred because Song was drunk driving a motor vehicle, escaped after the accident, and the party Zhang was driving an electric bicycle without driving in a non-motorized vehicle lane. Therefore, it is determined that Song was fully responsible for the accident. This evidence corroborates Zhang Moumou’s testimony, and it is also consistent with other evidences, forming a chain of evidence. It is obviously inappropriate for the first-instance judgment not to accept this.

After trial, Haikou Intermediate People’s Court held that the testimony of Zhang Moumou, a witness to prove the facts of this case, was not supported by other evidence, and reasonable doubt could not be ruled out. Both the Judicial Appraisal Center of Southwest University of Political Science and Law and Guangdong Tianzheng Judicial Appraisal Center decided that the same sample did not meet the requirements for portrait appraisal, while the same sample on which the "Yuejiesi Image Appraisal Opinion" was based made an identical conclusion. After comparison and demonstration, the "Yuejiesi Image Appraisal Opinion" lacked reliability. The original judgment found that the facts and applicable laws were correct, and accordingly it was found that the defendant Song was innocent and correct. On September 2, 2019, Haikou Intermediate People’s Court made a final ruling, dismissed the protest and upheld the original judgment.

(3) Retrial protest

On September 29, 2019, the Haikou Municipal People’s Procuratorate held that the original judgment was indeed wrong and requested the Hainan Provincial People’s Procuratorate to protest in accordance with the trial supervision procedure. On December 27, 2019, the People’s Procuratorate of Hainan Province lodged a protest with the Higher People’s Court of Hainan Province. During the protest, the prosecutor in charge newly discovered the image data captured by the road monitoring, and entrusted the Judicial Appraisal Center of Shanghai People’s Procuratorate to identify the identity of the car driver and the defendant Song Moumou in the original trial. The appraisal opinion once again confirmed that the style, color, hairline and nose features of the coat worn by the driver of the car on the night of the incident were similar or identical to those of the coat worn by Song Moumou when he was lying drunk and drawing blood. Comprehensive analysis of the original evidence and retrieval of the new evidence, the evidence in the whole case is more reliable and sufficient, and the evidence chain is more complete, completely excluding the possibility of others driving, and the unique conclusion of Song’s drunk driving can be drawn.

(4) the result of the protest

On June 7, 2021, the Higher People’s Court of Hainan Province adopted the protest opinion, ruled that the original judgment was revoked, and the defendant Song Moumou in the original trial was convicted of dangerous driving, sentenced to six months’ criminal detention and fined 20,000 yuan.

[Guiding significance]

(a) the people’s procuratorate shall standardize the exercise of the right of no appeal according to law, and strengthen the internal supervision and control of the decision not to sue.According to the Criminal Procedure Rules of the People’s Procuratorate, the people’s procuratorate at a higher level shall revoke or instruct the people’s procuratorate at a lower level to correct the wrong decision not to prosecute. If the people’s procuratorate at a lower level decides not to prosecute a case that is controversial and has great influence after examination, it shall timely file it with the people’s procuratorate at a higher level, and if the people’s procuratorate at a higher level finds that there is an error, it shall promptly correct it. In order to ensure the fairness of the decision not to prosecute, procuratorates at all levels should fully understand the importance of establishing and improving the filing and review system, find and correct the wrong decision in time, and hold a non-prosecution hearing in time if it is necessary to organize a hearing; Strengthen business guidance, and strive to improve the level of review and prosecution and the quality of handling cases through regular analysis, briefing and case summary.

(II) In handling protest cases, people’s procuratorates should fully perform their functions of legal supervision, insist on continuous protest and continuous supervision, ensure that the verdict of the case is fair, and reflect the procuratorial responsibility with the objective and fair handling of "small cases".Procuratorial organs should fully perform their legal supervision functions, and procuratorates at higher levels should strengthen the guidance on the protest work of procuratorates at lower levels, closely follow the protest key points, strictly control the protest standards, and form a joint force of supervision. If the court refuses to accept the correct protest opinions of the lower-level procuratorates, the higher-level procuratorates should provide strong support, continue to supervise with the lower-level procuratorates, and fight to the end, and ensure that the wrong judgments are supervised and corrected through the continuous supervision of the lower-level procuratorates. It is the basic requirement of the procuratorial organ’s objective and fair obligation to handle every "small case" with heart and affection, which shows the procuratorial responsibility and feelings for the people.

(three) to strengthen the substantive review of judicial expertise, to ensure the objectivity and scientificity of the review conclusions.If the people’s procuratorate finds that a case has two or more expert opinions on the same specialized issue, and the conclusions are inconsistent, it may, if necessary, decide to supplement the expert opinion or re-evaluate it according to law. It is necessary to strengthen the analysis, comparison and judgment of judicial expertise opinions, and conduct substantive review from the aspects of the compliance of the appraisal subject, the legality of the appraisal procedure, the scientificity of the appraisal method, the sufficiency of the appraisal materials and the rationality of the analysis and demonstration, and combine other factual evidence of the case to analyze and draw a scientific review conclusion.

[Relevant regulations]

One of the 133rd articles of the Criminal Law of People’s Republic of China (PRC)

Articles 228, 232, 236 and 254 of the Criminal Procedure Law of People’s Republic of China (PRC) (revised in 2018)

Articles 425 and 591 of the Rules of Criminal Procedure of the People’s Procuratorate (Trial) (implemented in January 2013) (now articles 389 and 591 of the Rules of Criminal Procedure of the People’s Procuratorate implemented in 2019)

Procuratorate handling the case: Hainan Provincial People’s Procuratorate　Haikou People’s Procuratorate of Hainan Province　People’s Procuratorate of xiuying district, Haikou City, Hainan Province

Prosecutor in charge: Li Haihong   Fu Lei   Yang Bing   Li Xiaoshan  

Case writer: Fu Shaojing

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　　On April 7th, the executive meeting of the State Council proposed a series of reform measures, such as setting up a comprehensive experimental zone in cross-border electronic commerce, supporting processing trade and holding the Canton Fair online, in order to actively cope with the impact of the COVID-19 epidemic and strive to stabilize the basic market of foreign trade and foreign investment. This is the fourth time that the central government has made arrangements for foreign investment and foreign trade since March.

　　At present, the global epidemic is spreading rapidly, which has brought great impact on the world economy and international trade and investment. As one of the "Troika" driving China’s economic growth, import and export trade is also facing this "big test". Stabilizing the basic foreign trade market is of great practical significance for China’s economic stabilization and recovery.

　　Based on this, the the State Council executive meeting put forward the policy of "combination boxing" to stabilize the basic foreign trade. For example, the 127th Canton Fair was held online in the middle and late June, and 46 cross-border e-commerce comprehensive experimental zones were newly established, and three policies were introduced to support processing trade enterprises to alleviate difficulties. This set of policy "combination boxing" reflects the governance thinking of marketization and Internet big data. It can be predicted that "internet plus" will play an important role in promoting China’s foreign trade innovation and development model.

　　The establishment of 46 new cross-border e-commerce comprehensive experimental zones will promote active innovation in foreign trade development in all regions, especially with the opportunity of setting up this reform experimental field, actively promote institutional innovation, management innovation and service innovation, and build a complete industrial chain and ecological circle in cross-border electronic commerce. It is necessary to expand the reform of the cross-border e-commerce comprehensive experimental zone, promote the development of more new formats and new modes of foreign trade, make local governments pay more attention to the data integration and sharing of various departments in opening up, effectively reduce the cost of trade transactions in goods and services in the cross-border e-commerce comprehensive experimental zone, and improve the level of facilitation.

　　The the State Council executive meeting decided to promote effective measures to promote the development of cross-border e-commerce. At the same time, it implemented support policies such as exempting the cross-border e-commerce retail export goods in the comprehensive test area from value-added tax and consumption tax, and approving the collection of corporate income tax. It studied the inclusion of qualified cities in the comprehensive test area in the pilot scope of cross-border e-commerce retail import, and supported enterprises to build and share overseas warehouses. This is a fiscal and taxation policy means to encourage enterprises to invest in the cross-border e-commerce comprehensive experimental zone, and it is also a concrete practice to make the market play a decisive role in the allocation of foreign trade resources. Cross-border e-commerce, as a product of the Internet age, has a unique advantage in foreign trade of the Internet. Through online transactions, unnecessary human contact can be reduced and the impact of the epidemic can be minimized; At the same time, in the case that traditional foreign trade has been hit hard, a large number of foreign trade transactions will be transferred from offline to online, and cross-border e-commerce will surely become the new focus of economic growth.

　　As the "China No.1 Exhibition" with the longest history, the largest scale and the largest number of buyers in China, it is of great significance for the Canton Fair to "move" online. This is not only the first time that the Canton Fair has been held entirely in the form of network, but also an attempt to continuously transform and develop the Canton Fair and create a "never-ending Canton Fair". At the same time, it is also a bold innovation for China’s foreign trade development mode based on exhibition platform. Although the offline Canton Fair still has many advantages, but now it has entered the Internet era, the combination of traditional exhibitions and the Internet is undoubtedly a trend. We should use the opportunity of holding the online Canton Fair to accumulate experience for holding more online exhibition platforms and development forums in the future. Of course, any traditional exhibition held online will face many challenges. How to guide exhibitors and buyers online, how to better serve Chinese and foreign merchants, and especially how to ensure the quality and reputation of online exhibitions, the relevant departments still need to seriously consider. (Certified tax accountant, Economic Daily-China Economic Net columnist Li Ning)

　　This report is made in accordance with the provisions of Article 50 of the Regulations of People’s Republic of China (PRC) Municipality on the Openness of Government Information.

　　I. General situation

　　In 2019, under the guidance of Socialism with Chinese characteristics Thought of the Supreme Leader in the New Era, the Beijing Municipal Bureau of Commerce closely focused on the work of the municipal party committee and municipal government, with the theme of "accurate and open, caring service", strengthened policy interpretation, expanded public participation, vigorously promoted decision-making, implementation, management, service and results disclosure, and continuously improved the quality and effectiveness of government information disclosure. In accordance with the development ideas of convenience, innovation, openness, quality improvement and safety, we will further enhance consumption power, improve the quality of people’s livelihood, focus on innovation and development, optimize the business environment, and comprehensively promote the high-quality development of Beijing’s business.

　　(A) work around the business center, fully open.

　　The Beijing Municipal Bureau of Commerce attaches great importance to the disclosure of government information, and conscientiously implements the newly revised Regulations on the Disclosure of Government Information in People’s Republic of China (PRC) and the Key Points of Beijing’s Government Affairs Disclosure in 2019. We will sort out and verify the full list of government affairs disclosure and make it public on the website. At the same time, we will make full use of newspapers, television, new media and other channels to increase the disclosure of government information and respond to social concerns in a timely manner. As of December 31st, 1982 pieces of information were voluntarily disclosed on the website, and the full-text electronic rate reached 100%. A total of 68 normative documents of 17 kinds were submitted to the information disclosure hall of the municipal government, the municipal archives and the Capital Library, and 57,000 people answered the "one-stop" service hall for public consultation. The website of Beijing Municipal Bureau of Commerce accepted 308 people for public consultation, and 1,071 administrative licensing items were voluntarily disclosed.

　　(two) strictly regulate the procedures and properly handle the matters disclosed in accordance with the application.

　　First, strictly regulate the procedures for handling matters disclosed in accordance with the application, and open channels such as letters, online applications and consultation telephones according to the application, and there are no complaints or other problems caused by poor acceptance channels; Second, strictly implement the requirements of the new regulations, and there is no overtime reply according to the application disclosure; Pay attention to the standardization of the form and content of the reply, and all the replies will be implemented according to the new regulations after the promulgation and implementation of the new regulations; Third, after the promulgation and implementation of the new regulations, the Guide to Government Information Disclosure was revised and improved and published on the website in time to ensure timely and accurate information update. In 2019, the Beijing Municipal Bureau of Commerce did not charge any fees for providing government information upon application.

　　(three) improve the system, strengthen the responsibility, strengthen the standardization and standardized management of government information resources.

　　First, establish and improve the system and standardize the information disclosure work. According to the requirements of institutional reform, further revise and improve the relevant rules and regulations of government information, so that the information disclosure work can be based on laws and laws must be followed. The second is to clarify the public responsibility and strictly export the information publicly. Strictly implement the review mechanism of "who is responsible for disclosure, who is responsible for review" and "review before disclosure" to further standardize the government information disclosure work. The third is to strengthen the construction of new media platforms such as government Weibo and WeChat, and form a joint force with traditional propaganda methods. While authoritative media speak positively, it will enhance the aesthetics, readability and easy dissemination of the news released, expand the scope of key policies and dynamic audiences, and shape a good government image.

　　(four) strict management, optimize functions, strengthen the construction of government information disclosure platform.

　　Strictly implement the requirements of the State Council’s "Guidelines for the Development of Government Websites" and strengthen the standardized management of website platforms. First, complete the website cleaning, standardization, integration and filing of the Beijing Municipal Bureau of Commerce, the declaration of new domain names, and the standardization of website identification of party and government organs as required; Realize the full coverage of nested pages at the entrance of the "I found the wrong website for the government" platform. Second, actively promote the intensification of government websites, and have completed the migration work as required. Timely check and clean up problems such as information not updated on time and obvious errors in information content. The third is to strengthen the maintenance and management of the new media platform for government affairs and enhance its activity and influence. By December 31st, the new media of Beijing Municipal Bureau of Commerce (Weibo, WeChat, Today’s Headline) had published 4,144 messages, which were read more than 25 million times, with a total interaction of more than 26,000 times. At present, there are 240,000 fans in Weibo and 10,135 fans in WeChat. There are more than 2,600 participating institutions in the "Beijing General List of Government Affairs in Weibo" published by People’s Daily. The ranking of Weibo, the official of Beijing Municipal Bureau of Commerce, has basically remained in the top 30 every month, and the highest ranking in China International Import Expo(CIIE) has entered the top 10. The total number of readings on topics such as "China International Import Expo(CIIE) Beijing Tour", "More Night, More Beautiful Colors", "Consumer Highlights", "Shang Xiaobian at the Scene" and "Business Blue Friends" exceeded 70.3 million times.

　　(five) improve the working mechanism, strengthen team building, and enhance the ability to do a good job in government information disclosure.

　　The first is to strengthen business training. In 2019, experts and leaders from Tsinghua University, the Municipal Network Information Office, the General Office of the Municipal Government, the Municipal Administrative Service Administration, the Second Intermediate People’s Court and other units were invited to give special counseling on the work in related fields, and more than 700 people participated in the training. The second is to standardize the process. Summarize and sort out the workflow of government affairs disclosure, study and establish the public opinion monitoring and response feedback mechanism, grasp the social public opinion response of major festivals and events in time, and provide decision-making reference for further improving the government service level.

　　Second, the initiative to disclose government information

　　Iii. Receiving and handling applications for government information disclosure

　　Four, the government information disclosure of administrative reconsideration and administrative litigation.

　　Five, the main problems existing in the work of government information disclosure and improvement.

　　First, individual offices have not paid enough attention to the disclosure of government information, and they have not fully understood the requirements of actively serving the public and earnestly fulfilling the obligation of information disclosure.

　　Improvement measures: 1. Focus on the construction of service-oriented government, further strengthen the awareness of voluntary disclosure, and strictly implement the provisions of government information disclosure. 2. Further improve the pre-disclosure mechanism of major decisions, proactively announce the draft decisions and decision-making basis to the public, and listen to public opinions extensively; Accurately interpret relevant policies and measures and enrich the forms of policy interpretation. 3. Further strengthen the management of the full list of government affairs disclosure, and update the guidelines and procedures of government affairs services in a timely manner; Strengthen the application management of Huimin convenience map and adjust and update it in time according to the actual situation.

　　Second, the information disclosure in key areas is not timely and comprehensive, and the quality of disclosure according to application needs to be improved.

　　Improvement measures: 1. Deepen the information disclosure in key areas, focusing on the opening-up of the service industry, the "streamline administration, delegate power, strengthen regulation and improve services" reform and high-quality development. Do a good job in collecting opinions, making decisions public and interpreting policies in a timely and comprehensive manner before and after the introduction of new policy measures. 2. Further standardize the procedures for handling matters disclosed in accordance with the application, actively promote the conversion from matters disclosed in accordance with the application to active disclosure, and be enthusiastic and thoughtful, and handle them in accordance with the law.

　　Vi. Other matters that need to be reported

　　The website of Beijing Municipal Bureau of Commerce is http://sw.beijing.gov.cn/. For more government information, please visit the website.

The administrative offices of the Union, the Municipal People’s Government, the commissions, offices, departments and bureaus of the autonomous region, and major enterprises and institutions:

With the consent of the people’s government of the autonomous region, the Emergency Plan for Plague Control in Inner Mongolia Autonomous Region (2020 Edition) is hereby issued to you, please conscientiously implement it according to the actual situation.

June 28, 2020

(This piece is publicly released)

Emergency plan for plague control in Inner Mongolia Autonomous Region

(2020 edition)

1 general rule

1.1 Purpose of compilation

Effectively prevent, respond quickly, control the outbreak and epidemic of plague in time, eliminate the harm of plague in time, protect people’s health and life safety, and maintain social, political and economic stability.

1.2 Compilation basis

People’s Republic of China (PRC) Infectious Disease Prevention Law, People’s Republic of China (PRC) Emergency Response Law, Public Health Emergency Regulations, Domestic Traffic Health Quarantine Regulations, National Plague Control Emergency Plan, Inner Mongolia Autonomous Region Endemic Disease Prevention Regulations, Inner Mongolia Autonomous Region Emergency Measures for Public Health Emergencies, Inner Mongolia Autonomous Region Overall Emergency Plan for Public Health Emergencies, Inner Mongolia Autonomous Region Emergency Plan for Public Health Emergencies, Inner Mongolia Autonomous Region Medical and Health Rescue Plan for Public Emergencies and other relevant plans.

1.3 working principles

Taking people’s health as the center, adhere to the principles of prevention first, combining prevention with control, scientific response, prevention and control according to law, cooperation of government leaders and departments, territorial management, graded responsibility, social participation, mass prevention and control, rapid response and strong guarantee.

1.4 Scope of application

This plan is applicable to the emergency preparation and emergency disposal of plague epidemic in the administrative area of Inner Mongolia Autonomous Region.

1.5 Classification of plague epidemic situation

According to the location, disease type, number of cases, epidemic scope and trend, and the degree of harm to society, plague epidemics are divided into particularly serious plague epidemics (Grade I), major plague epidemics (Grade II), major plague epidemics (Grade III), general plague epidemics (Grade IV) and animal plague epidemics (Grade V).

1.5.1 particularly serious plague epidemic (Grade I)

One of the following circumstances is a particularly serious plague epidemic (level I):

(1) Pneumonic plague occurs in large and medium-sized cities and tends to spread;

(2) The associated pneumonic plague epidemic has spread to more than two provinces (autonomous regions and municipalities), and there is a trend of further spread;

(3) The loss of virulent strain of Yersinia pestis occurred.

1.5.2 Major plague epidemic (Grade II)

One of the following circumstances is a major plague epidemic (Grade II):

(1) cases of pneumonic plague occurred in Hohhot or the seat of Baotou municipal government, and there was a tendency to spread;

(2) More than 5 cases of pneumonic plague or septicemic plague occurred within an average incubation period (6 days, the same below) within the administrative area of a county (city, district);

(3) The associated pneumonic plague epidemic spread to more than two counties (cities, districts), and there is a trend of further spread;

(4) An epidemic of bubonic plague occurred in the administrative area of one county (city, district), and more than 20 cases occurred continuously in one average incubation period, or the epidemic scope spread to more than two allied cities.

1.5.3 Large plague epidemic (Grade III)

One of the following circumstances is a large plague epidemic (Grade III):

(1) The cases of pneumonic plague occurred in the seat of the municipal government of the Union except Hohhot and Baotou, and there was a tendency to spread;

(2) In the administrative area of a county (city, district), there are 1-4 cases of pneumonic plague or septicemia plague in an average incubation period;

(3) An epidemic of bubonic plague occurred in the administrative area of one flag county (city, district), with 10-19 consecutive cases within an average incubation period, or the epidemic scope spread to more than two flag counties (cities, districts).

1.5.4 General plague epidemic (Grade IV)

One of the following circumstances is the general plague epidemic (level IV):

(1) an animal plague epidemic occurred within 25km around the city where the Union municipal government is located;

(2) bubonic plague occurred in the administrative area of a county (city, district), and the number of cases in an average incubation period was 1-9.

1.5.5 Plague epidemic situation among animals (level V)

One of the following circumstances is the plague epidemic among animals (level V):

(1) Detection of Yersinia pestis from host animals or vector fleas;

(2) The nucleic acid in the host animal or vector flea is positive, and the antigen is positive at the same time;

(3) According to the provisions of the Criterion of Natural Plague Focuses and Animal Plague Epidemic (GB 16883—1997), the positive antibody was detected by indirect hemagglutination test, and reached the criterion of animal plague epidemic;

(4) Indirect hemagglutination test antibody positive serum was detected in unknown plague foci during the search of epidemic foci.

2 Organization and management

2.1 Organization

The people’s governments at all levels lead the plague prevention and control work in their respective administrative areas, and the principal responsible persons of the government should personally take the lead, shoulder their responsibilities, stick to their posts, and take effective measures to resolutely curb the spread of the epidemic. The relevant departments of the people’s governments at all levels shall be responsible for the work related to the prevention and control of plague and emergency response within the scope of their respective duties, and form a joint prevention and control work pattern.

2.1.1 plague emergency headquarters in the autonomous region.

In accordance with the responsibilities and the provisions of this plan, the people’s government of the autonomous region is responsible for organizing, leading, coordinating and directing the emergency response to the plague epidemic in the whole region. When a particularly serious plague epidemic occurred, the people’s government of the autonomous region established the plague emergency headquarters of the autonomous region according to the actual needs of emergency response work, with the vice-chairman of the people’s government of the autonomous region in charge of health and health work as the commander-in-chief of plague emergency headquarters of the autonomous region, and the deputy secretary-general of the people’s government of the autonomous region or the deputy director of the general office of the people’s government of the autonomous region and the director of the health and health commission of the autonomous region as the deputy commander-in-chief. The plague emergency headquarters Office of the Autonomous Region is located in the Health and Health Commission of the Autonomous Region. The director of the office is concurrently the deputy director of the Health and Health Commission of the Autonomous Region, and the members are the responsible persons of the member units. According to the actual situation, the commander-in-chief, deputy commander-in-chief and member units of plague emergency headquarters in the autonomous region can be adjusted. When necessary, the headquarters can be centralized.

The members of the headquarters include: the Propaganda Department of the Party Committee of the Autonomous Region, the Internet Information Office, the Foreign Affairs Office, the General Office of the People’s Government of the Autonomous Region, the Health and Wellness Commission, the Development and Reform Commission, the Education Department, the Science and Technology Department, the Public Security Department, the Finance Department, the Civil Affairs Department, the Ecological Environment Department, the Transportation Department, the Industry and Information Technology Department, the Agriculture and Animal Husbandry Department, the Commerce Department, the Culture and Tourism Department, the Emergency Management Department, the Market Supervision Bureau, the Forestry and Grass Bureau, the Medical Insurance Bureau,

2.1.2 Union City and counties (cities, districts) plague emergency headquarters.

It is composed of the people’s government at the corresponding level and relevant departments, with the main leaders of the people’s government at the corresponding level as the chief commander, and the leaders of the government in charge of health, forestry, public security, transportation and other work as the deputy chief commander. The member units of the headquarters refer to the members of plague emergency headquarters in the autonomous region.

2.2 Division of responsibilities

2.2.1 responsibilities of plague emergency headquarters in the autonomous region.

Responsible for the unified leadership and unified command of emergency response to particularly serious and major plague epidemics, make major decisions on handling plague epidemics, implement prevention and control funds and coordinate material support, and formulate epidemic prevention and control strategies in accordance with national requirements; Determine designated medical and health institutions, set up various prevention and control expert groups at the autonomous region level, and provide technical support for prevention and control work; To carry out supervision and inspection of prevention and control work; Responsible for the release of plague epidemic information in the whole region.

The division of responsibilities of each member unit is as follows:

The Propaganda Department of the Party Committee of the Autonomous Region and the Information Office: In accordance with the unified deployment of plague epidemic control, do a good job in publicity and reporting on epidemic disposal, correctly guide public opinion, strengthen supervision and guidance on online information release, and investigate and deal with illegal information according to law. Actively carry out the propaganda and popularization of plague prevention knowledge, and raise public awareness of epidemic prevention and health care.

The Foreign Affairs Office of the Party Committee of the Autonomous Region: Assist the functional departments to do a good job in foreign-related affairs related to plague emergency response, help solve the concerns of overseas media and other institutions on the epidemic situation, and assist in receiving the inspection of international organizations.

General Office of the People’s Government of the Autonomous Region: convey the requirements of the leaders of the People’s Government of the Autonomous Region on the disposal of plague epidemic, and coordinate relevant departments to do relevant work.

Autonomous Region Health and Wellness Committee: responsible for organizing the formulation of plague prevention and control technical plans, organizing the implementation of plague emergency medical treatment and various prevention and control measures, and inspecting and supervising related work; Responsible for the technical guidance of sanitary treatment in epidemic areas and make a comprehensive assessment of the epidemic situation; According to the needs of plague prevention and control work, put forward suggestions on isolating and blocking plague epidemic areas according to law; Publish information on plague epidemic situation according to law; Organize patriotic health campaigns and health education.

Autonomous Region Development and Reform Commission: cooperate with the Autonomous Region Health and Wellness Commission to formulate the development plan for plague control; Support and cooperate with relevant departments to provide drugs and equipment for emergency epidemic treatment to epidemic areas, and timely organize the transportation of materials necessary for people’s production and life in epidemic areas.

Education Department of the Autonomous Region: To publicize and educate students and teaching staff about plague prevention and control.

Science and Technology Department of the Autonomous Region: Strengthen the construction of scientific and technological innovation platform for plague prevention and control, and increase support for key technologies for plague prevention and control.

Public security department of the autonomous region: assist in sealing off plague epidemic areas and strengthen public security management and security work in epidemic areas.

Autonomous Region Department of Finance: Make arrangements for plague prevention and control and emergency funds and timely allocate them, and strengthen fund management and supervision.

Civil Affairs Department of the Autonomous Region: Provide basic living assistance to plague patients who meet the conditions for assistance.

Department of Industry and Information Technology of the Autonomous Region: Cooperate with the Health and Health Commission of the Autonomous Region and the Food and Material Reserve Bureau to organize qualified industrial enterprises in the autonomous region to produce medicines, medical devices, protective and disinfection supplies and other materials needed for epidemic prevention. When the production capacity in the autonomous region cannot meet the demand, timely coordinate the enterprises with production capacity to build or change production, and ensure the material reserves in the whole region and the material needs necessary for the production and life of the people in the affected areas; Cooperate with Inner Mongolia Communication Administration to ensure communication.

Agriculture and Animal Husbandry Department of the Autonomous Region: responsible for animal plague epidemic prevention and animal epidemic prevention supervision of livestock in plague-stricken areas, taking rodent control measures in agricultural areas to reduce rodent density.

Department of Commerce of the Autonomous Region: responsible for the emergency supply of important daily necessities in epidemic areas.

Department of Culture and Tourism of the Autonomous Region: Organize the whole tourism industry to do a good job in the prevention and emergency response of plague epidemic; Do a good job in the publicity and education of the basic knowledge of plague prevention and control in tourism professionals, especially in grassland tourism professionals and tourists, actively publicize and popularize the "three noes and three reports" of plague prevention and control, and effectively improve the self-prevention awareness and ability of the above people.

The Department of Transportation of the Autonomous Region, China Railway Hohhot Bureau Group Co., Ltd. and Civil Aviation Inner Mongolia Safety Supervision Bureau are responsible for the traffic health and quarantine work within their respective responsibilities in accordance with the Domestic Traffic Health and Quarantine Regulations and its implementation methods, and give priority to the transportation of plague epidemic handlers, medical equipment and related materials.

Hohhot Customs and Manzhouli Customs: When frontier health and quarantine is involved, it shall be handled in accordance with the provisions of the Frontier Health and Quarantine Law of People’s Republic of China (PRC) and its implementing rules; Strengthen port health quarantine. When there is a human plague epidemic, it is necessary to carry out port temperature monitoring and medical inspection, and do a good job in epidemic report, environmental disinfection and health education.

Autonomous Region Market Supervision Bureau: Strengthen market supervision and severely punish units and individuals that illegally purchase, sell and process plague host wild animals and their products in bazaars; Guide the market promoters and relevant animal products operators in the market to do a good job in self-discipline management.

Forestry and Grass Bureau of the Autonomous Region: responsible for monitoring the abnormal situation of terrestrial wild animals in epidemic areas, and assisting in the isolation of the epidemic areas when the plague epidemic occurs; Take rodent control measures in grassland areas to reduce the density of rodents.

Autonomous Region Medical Insurance Bureau: formulate policies, plans, standards and organize the implementation of medical insurance and medical assistance for plague epidemic prevention and control.

Security Bureau of Inner Mongolia Military Region and Inner Mongolia Armed Police Corps: Complete the task of handling the plague epidemic in the camp, and assist and support the local authorities to do a good job in epidemic control.

Aiwei Association of the Autonomous Region: responsible for carrying out protective rodent and flea control in cities, mobilizing the masses to carry out extensive actions of cleaning homes and environmental sanitation, strengthening the control of vectors, and doing a good job in urban and rural garbage management and toilet and sewage treatment.

Autonomous Region Red Cross Society: According to the needs of plague prevention and control emergency work, special fund-raising and humanitarian relief activities can be carried out; Give full play to the role of volunteers, assist relevant departments to carry out extensive publicity and popularization of plague prevention knowledge in enterprises, communities, villages and schools, and raise public awareness of self-protection.

Other relevant departments shall, according to the responsibilities of their own departments and the needs of plague emergency treatment, organize and do a good job in emergency material reserve, market supervision, pollution diffusion control and related work assigned by plague emergency headquarters in the autonomous region.

2.2.2 Duties of the plague emergency headquarters in Union City and counties (cities, districts).

Responsible for the coordination and command of the emergency treatment of plague epidemic in this administrative area, make decisions on the treatment of plague epidemic in this administrative area, and decide on major measures to be taken. The relevant departments refer to the responsibilities of the member units of plague emergency headquarters in the autonomous region, and do a good job in the emergency work of plague prevention and control.

2.2.3 Responsibilities of health administrative departments at all levels

Strengthen coordination and cooperation with relevant departments, establish inter-departmental information communication and fixed liaison system, communicate and negotiate with relevant departments in a timely manner, and form a joint prevention and control mechanism involving multiple departments.

The responsibilities of the Health and Wellness Committee of the Autonomous Region shall be implemented in accordance with the relevant provisions of 2.2.1.

The administrative department of health of each Union city and counties (cities, districts) is responsible for directing, coordinating and managing the prevention and control of plague within their respective administrative areas; Formulate the plague emergency plan according to the local conditions; Implement prevention and control funds and organize emergency response to plague epidemic; Organize plague emergency training, drills and emergency prevention and control material reserves; Responsible for determining the designated medical institutions and doing a good job in the treatment of patients; Carry out supervision and inspection and health education; Organize patriotic health campaigns, etc.

2.2.4 Responsibilities of disease prevention and control institutions at all levels (professional institutions for plague prevention and control)

Responsible for the monitoring of plague epidemic situation, do a good job in collecting, reporting and analyzing epidemic information, and provide a basis for early warning. Do a good job in the monitoring of animal plague, and promptly give early warning after discovering the epidemic situation among animals, and deal with the epidemic spots in time; When a human epidemic occurs, formulate an epidemiological investigation plan and a technical plan for epidemic control; Carry out follow-up investigation on plague patients, suspected patients and their close contacts; Investigate and analyze the incidence and distribution characteristics of the population; Find out the source and route of infection, and put forward and implement targeted prevention and control measures; Timely report the situation to the health administrative department at the same level and the disease prevention and control institutions at higher levels (professional institutions for plague prevention and control). Conduct laboratory tests on plague samples and report the laboratory test results according to procedures.

The comprehensive disease prevention and control center of the autonomous region is responsible for the final re-judgment of Yersinia pestis in the whole region and the review of the laboratory test results of human plague cases.

2.2.5 Responsibilities of various medical and health institutions at all levels

Responsible for the monitoring, discovery and reporting of human plague, carry out specimen collection, cooperate with disease prevention and control institutions to carry out epidemiological investigation, be responsible for the training of medical staff in this institution, and do a good job in the prevention and control of nosocomial infection.

Grass-roots medical and health institutions should strengthen screening, reporting, isolation and registration of plague patients, and may not stay or refuse to consult without permission.

Designated medical institutions are responsible for the centralized treatment of plague in this area; Do a good job in the training of medical staff in this institution on diagnosis and treatment, disinfection and isolation, personal protection and other knowledge, and strictly implement the workflow; Do a good job in ensuring the personnel, medicines, facilities, equipment and protective equipment needed for medical treatment; Implement measures such as disinfection, hospital infection management and personal protection; Do a good job in hospital infection monitoring, and report and dispose of it in time; Do a good job in medical waste management and disposal; Do a good job in biosafety management and quality control of clinical laboratories.

2.2.6 Responsibilities of health supervision institutions at all levels

Responsible for the supervision and inspection of plague prevention and control work carried out by medical and health institutions in this area.

2.2.7 Duties of Hohhot Customs and Manzhouli Customs

In accordance with the relevant provisions of 2.2.1.

2.3 plague expert advisory group

2.3.1 Composition of plague expert advisory group

When a human epidemic occurs and emergency response of Grade I, II, III and IV is started, a plague expert advisory group shall be established. Relevant experts from the Center for Comprehensive Disease Control and Prevention of the Autonomous Region served as the head of the plague expert advisory group of the autonomous region. Members are composed of relevant experts such as the Center for Comprehensive Disease Prevention and Control of the Autonomous Region, Agriculture and Animal Husbandry Department, Forestry and Grass Bureau, Aiweihui Office, Inner Mongolia People’s Hospital, Inner Mongolia Fourth Hospital, Affiliated Hospital of Inner Mongolia Medical University and universities. When an animal plague epidemic occurs, decide whether to set up an expert group according to the situation.

2.3.2 Responsibilities of plague expert advisory group

According to the epidemic situation, the expert group put forward opinions and suggestions on plague prevention, control and emergency response to emergency headquarters, providing a basis for the decision-making and deployment of the headquarters.

3 Monitoring and early warning

3.1 Plague monitoring

The Health and Wellness Committee of the Autonomous Region shall, in accordance with the unified regulations and requirements of the whole country and in combination with the actual situation in our region, organize the active monitoring of plague, strengthen the management and supervision of plague monitoring, and ensure the monitoring quality.

The Union Municipal Health and Health Committees shall organize and guide counties (cities, districts) to carry out active plague monitoring in accordance with the unified regulations and requirements of the autonomous region and the actual situation in the region, and strengthen the management and supervision of plague monitoring to ensure the monitoring quality.

3.1.1 Monitoring system

Establish a three-level plague monitoring system in autonomous regions, union cities and counties (cities, districts). According to the requirements of the National Plague Monitoring Program, the Center for Comprehensive Disease Prevention and Control of the Autonomous Region has formulated the Plague Monitoring Program for the whole region. The plague foci and monitoring areas shall carry out the daily monitoring of plague according to the requirements of the plague monitoring plan of the whole region. In areas with national plague monitoring points, the daily monitoring of plague shall be carried out in accordance with the requirements of the National Plague Monitoring Program.

3.1.2 Monitoring funds guarantee

The people’s government of the autonomous region is responsible for the necessary funds for the monitoring of plague epidemic; The Union Administrative Office, the Municipal People’s Government, and the people’s governments of counties (cities, districts) are responsible for monitoring the daily operating expenses.

3.2 Plague Warning Release

Health administrative departments at all levels shall timely release and release early warning information according to the harmfulness and urgency of plague epidemic reported by monitoring points. Early warning information includes: plague classification, early warning level, warning events, measures to be taken, starting time and issuing authority, etc.

3.2.1 Early warning issuing unit

According to the requirements of the national and autonomous region plague control emergency plan, health administrative departments at all levels shall timely release and adjust the early warning information according to the classification of plague epidemic warning. Level I early warning: National Health and Wellness Commission; Level II early warning: Autonomous Region Health and Wellness Committee; Level III early warning: Union Municipal Health and Health Commission; Level IV early warning: Qixian (city, district) Health and Wellness Committee.

3.2.2 Early warning classification

I-level early warning: I-level early warning will be started when a particularly serious plague epidemic (I-level) or a major plague epidemic (II-level) occurs.

Level II early warning: Level II early warning will be started when a large plague epidemic (level III) occurs.

Level III early warning: Level III early warning will be started in case of general plague epidemic (level IV).

Ⅳ early warning: In case of animal plague epidemic (Ⅴ), the Ⅳ early warning will be started.

3.2.3 Publishing objects

Level I early warning: The release target is determined by the National Health and Wellness Commission.

Level II early warning:

(1) released to the people’s governments and health administrative departments of 12 league cities and 103 counties (cities, districts) in the whole region;

(2) released to the member units of plague emergency headquarters in the autonomous region;

(3) according to the affiliation and management authority to the autonomous region at all levels and all kinds of medical and health institutions;

(4) released to the provincial defense organizations and the health administrative departments of neighboring provinces (see Annex);

(5) release to the public;

(6) at the same time submitted to the National Health and Wellness Commission and the people’s government of the autonomous region.

Level III early warning:

(1) released to the people’s governments and health administrative departments of counties (cities, districts) under the jurisdiction of the Union City where the epidemic occurred;

(2) released to the member units of emergency headquarters Plague in Union City;

(3) according to the affiliation and management authority, release it to all kinds of medical and health institutions at all levels within the jurisdiction of the Union City where the epidemic occurred;

(4) release it to the joint defense organizations between the cities of the Union and the health administrative departments in the adjacent areas;

(5) release to the public;

(6) At the same time, it shall be submitted to the Health and Wellness Commission of the autonomous region and the people’s government at the corresponding level.

Ⅳ warning:

(1) to all kinds of medical and health institutions at all levels where the epidemic occurred;

(2) to the counties (cities, districts) between defense organizations or the health administrative departments in the adjacent areas;

(3) release to relevant departments and the public;

(4) At the same time, submit it to the health administrative department of the Union City and the people’s government at the same level.

3.2.4 Release time

After determining the epidemic situation and grading, early warning information should be released in time, and the longest time should not exceed 24 hours. The early warning time lasts until the end of the epidemic year, and it is decided whether to continue to the next year according to the epidemic situation.

3.2.5 Release Form

According to the release target, you can choose documents, conferences, official website, all kinds of mainstream media, announcements and other ways to release early warning information.

4 epidemic discovery, diagnosis and report

4.1 Information management

4.1.1 Improve the information management system for plague prevention and control in the whole region, build an information network covering disease prevention and control institutions or specialized agencies for plague prevention and control in autonomous regions, union cities and counties (cities, districts), and undertake the collection, processing, analysis and reporting of information related to plague epidemic.

4.1.2 Health administrative departments at all levels are responsible for the organization, implementation, management and platform construction of plague prevention and control management information work within their respective jurisdictions, constantly improving the plague prevention and control information management system within their respective jurisdictions, and providing necessary guarantee conditions for the normal operation of the system.

4.1.3 All kinds of medical and health personnel at all levels who perform their duties are responsible reporters of human plague epidemic.

4.1.4 Disease prevention and control institutions at all levels or plague prevention and control institutions shall be responsible for the monitoring, information reporting and management of plague epidemic within the scope of their responsibilities, and shall be responsible for collecting, analyzing and verifying epidemic information and other relevant information within their respective jurisdictions. Disease prevention and control institutions at all levels and specialized agencies for plague prevention and control are responsible reporting units for direct network reporting.

4.2 Discovery, diagnosis and reporting of human cases

4.2.1 Discovery of cases

If you have been to the above-mentioned areas in the plague-affected areas, historical epidemic areas or suspected plague-affected areas or within 10 days, you should pay attention to asking whether you have been to the plague-affected areas before the onset, whether you have been in contact with dead rats or other wild animals, and whether you have eaten rabbits and marmots. All patients with unknown diagnosis and one of the following symptoms are reported as suspected plague patients:

(1) Patients with high fever and unconsciousness;

(2) Patients with lymph node enlargement and severe pain and high fever without trauma infection;

(3) Patients with high fever accompanied by cough, chest pain and hemoptysis;

(4) Patients with high fever and skin blisters or ulcers.

4.2.1.1 has been to the above areas in plague epidemic areas, historical epidemic areas, suspected plague epidemic areas or within 10 days. Those who have a very short course of disease and die sharply should be reported as patients with sudden death.

4.2.1.2 medical institutions are responsible for collecting relevant clinical samples of cases, and sending the samples to local disease prevention and control institutions (specialized institutions for plague prevention and control) for relevant testing as soon as possible according to biosafety requirements.

4.2.2 Case confirmation

The laboratory test results of all plague cases need to be rechecked by the Center for Comprehensive Disease Prevention and Control of the autonomous region, and evaluated and confirmed by the expert group according to the clinical manifestations, epidemiological history and laboratory test results.

4.2.3 Case report

All kinds of medical institutions at all levels shall immediately report suspected cases of plague to local disease prevention and control institutions and health administrative departments. After receiving the report, the local disease prevention and control institutions should immediately investigate and verify. After judging the epidemic situation of human plague, they should report directly to the network within 2 hours according to the prescribed time limit. At the same time, after receiving the report, the local health administrative department should immediately report to the local people’s government and report to the health administrative department and the people’s government at the next higher level step by step until reporting to the National Health and Wellness Commission.

4.3 Confirmation and report of animal plague epidemic situation

4.3.1 The Center for Comprehensive Disease Control and Prevention of the Autonomous Region undertakes the re-judgment and identification of plague strains, and may authorize the Center for Disease Control and Prevention of the League City (a professional organization for plague prevention and control) to undertake the re-judgment of nucleic acid positive samples and serum positive samples within its jurisdiction.

4.3.2 Report of animal epidemic situation

After the occurrence of animal plague is monitored at the monitoring point, it shall be immediately reported to the disease prevention and control institutions in counties (cities, districts). Counties (cities, districts) disease prevention and control institutions shall immediately verify after receiving the report. After judging the occurrence of animal plague epidemic, the responsible reporting unit shall report directly to the network within 6 hours in towns and towns, and within 12 hours in Sumu Township and Gacha Village. After receiving the report, the health administrative department of counties (cities, districts) shall immediately report to the local people’s government and report to the health administrative department at the next higher level.

5 emergency treatment

When an epidemic of human or animal plague occurs, the governments of counties (cities, districts), league cities and autonomous regions and their relevant departments at the place where the epidemic occurs shall make corresponding emergency response according to the principle of graded response. At the same time, according to the development trend of plague epidemic and the needs of prevention and control work, the response level should be adjusted in time to effectively control the plague epidemic and reduce the harm, and maintain the normal production and living order.

5.1 Measures to be taken for emergency treatment of animal plague epidemic (Grade V)

5.1.1 Start the emergency response to public health emergencies. After the Qixian (city, district) Health and Health Committee or the Union City Health and Health Committee organizes relevant experts to confirm, the Qixian (city, district) Health and Health Committee shall report to the Qixian (city, district) people’s government, and the Qixian (city, district) people’s government shall start an emergency response according to the animal plague epidemic (level V) and issue a level IV early warning at the same time.

5.1.2 Timely and standardized epidemic treatment. In principle, according to the type and epidemic intensity of plague epidemic among animals, the distance from towns, residential areas, traffic arteries, important areas, tourist attractions, etc., and the ecological characteristics of host animals, the treatment scope is determined according to local conditions, and rodent control and flea control are carried out quickly according to requirements, so as to achieve the standards of no rats, no holes and no fleas.

5.1.3 Strengthen the monitoring of plague among animals. We will continue to expand the scope of search with the epidemic as the center, carry out various laboratory tests in accordance with the laboratory biosafety regulations, and "check all the materials obtained" to improve the quality and skills of laboratory inspectors and improve the inspection quality.

5.1.4 Carry out rodent and flea control. Forestry and grass, agriculture and animal husbandry departments and patriotic health institutions should organize the protective rodent and flea control work in grasslands, agricultural areas and cities. Give full play to the advantages of mass prevention and control, mobilize grassland, land contractors, urban and rural residents and other people to actively participate, combine special groups, expand the scope of rodent control and flea control, increase the frequency and depth, and achieve full coverage without dead ends. At the same time, do a good job in the investigation of rat density and rodent damage before and after deratization, so as to provide a basis for scientific deratization and effect evaluation. All field construction sites, industrial and mining enterprises, tourist attractions and military areas within the scope of the epidemic focus should do a good job of rodent control and flea control in the scope of responsibility and surrounding areas under the guidance of relevant business.

5.1.5 Carry out plague epidemic risk assessment. According to the epidemic characteristics, occurrence areas and development trends, carry out the risk assessment of human plague epidemic in this area. Pay close attention to the dynamics of plague epidemic, focus on large-scale field construction projects in the epidemic focus, and put forward corresponding prevention and control measures.

5.1.6 Publicity and education and risk communication. Strengthen the publicity and education of plague prevention and control knowledge, and publicize the "three noes and three reports" through various channels and forms. Plague focus and its adjacent areas should focus on strengthening health behavior intervention for farmers and herdsmen, field workers, tourists and other groups, and effectively improve the people’s awareness and ability of self-prevention. Actively carry out public opinion monitoring, popularize the knowledge of epidemic prevention and control, solve doubts and doubts to the public in time, respond to social concerns, and do a good job in communication of epidemic prevention and control risks. It is necessary to strengthen health education and risk communication in key groups, key places and large-scale crowd gathering activities.

5.1.7 Strengthen the training of medical and health personnel. The health administrative departments of counties (cities, districts) should organize all kinds of medical and health institutions at all levels within their jurisdiction to carry out training on knowledge related to plague prevention and treatment, focusing on the knowledge of human plague identification, diagnosis and treatment, epidemic situation report, emergency plan implementation, hospital infection control, etc., so as to improve medical staff’s awareness of plague prevention and treatment, implement the responsibility system for first-visit doctors, and achieve early detection, early diagnosis, early reporting, early isolation, early treatment and on-site treatment.

5.1.8 Strengthen the pre-inspection and triage and the investigation of fever patients. All kinds of medical and health institutions at all levels should strengthen the management of pre-inspection and triage, establish a responsibility system for the investigation and reporting of plague patients, strictly implement the process of receiving and screening fever patients, and conscientiously implement the registration and reporting system for fever patients. Grass-roots medical and health institutions should strengthen the screening of patients with fever. If patients with fever of unknown reasons are found, they should take local isolation measures, register and report the patient information well, and it is strictly forbidden to stay in the clinic or refuse to consult without permission.

5.1.9 Emergency response in adjacent areas. The health administrative department in the area where the plague epidemic occurred should inform the health administrative department in the adjacent area of the epidemic situation and the measures taken in a timely manner. In areas adjacent to the plague epidemic, the risk assessment of human and animal plague epidemic in this area should be carried out according to the epidemic characteristics, occurrence area and development trend, and the possibility and degree of being affected in this area should be actively analyzed, and corresponding prevention and control measures should be taken.

5.2 Measures to be taken for emergency treatment of general plague epidemic (Grade IV)

5.2.1 Start the emergency response to public health emergencies. The counties (cities, districts) Health and Health Committee or the League Health and Health Committee shall organize relevant experts to confirm and report to the people’s government at the same level. The counties (cities, districts) people’s government shall start emergency response according to the general epidemic situation (level IV), and the League Health and Health Committee shall issue a level III warning. Counties (cities, districts) set up an epidemic prevention and control headquarters with the main leaders of the government as the chief commander, fully fulfilling the main responsibility of the territory, and at the same time starting the "three reports" system of zero epidemic report, daily report of illness and daily report of work progress.

5.2.2 Make every effort to treat patients. Adhere to the principle of "nearby, local treatment", "centralized patients, experts, resources and treatment", transfer patients to designated medical institutions at the county level with negative pressure ambulances, and carry out treatment according to the plague diagnosis and treatment plan, so as to improve the admission rate and reduce the mortality rate.

5.2.3 Strengthen the prevention and control of hospital infection. Medical institutions should strengthen isolation, disinfection and protection, and fully implement various measures to prevent nosocomial infection. Standardize the pre-inspection and triage, and do a good job in the hospital sense control of fever clinics, emergency departments and all other general wards (wards). Plague cases (including suspected cases and confirmed cases) and mild cases among infected people shall be treated in isolation, and suspected cases shall be treated in isolation in a single room. Medical institutions shall, in strict accordance with the Technical Specification for Disinfection of Medical Institutions, do a good job in cleaning and disinfecting medical devices, contaminated items, surfaces and floors; Carry out air disinfection according to the requirements of "Hospital Air Purification Management Standard". Medical waste generated in the process of diagnosis and treatment of plague patients should be disposed of and managed according to the relevant provisions of the Regulations on the Administration of Medical Waste and the Measures for the Administration of Medical Waste in Medical and Health Institutions.

5.2.4 Timely carry out the treatment of epidemic areas. In strict accordance with the "standards and principles for the treatment of human plague epidemic areas" (GB15978—1995), the epidemic areas were treated. In principle, take the residence of plague patients, suspected patients or plague corpses as the center, and delimit the surrounding areas that may be polluted as isolation circles, such as a courtyard and a house. Pastoral areas can divide a tent or several connected tents into isolation circles. When a patient (or corpse) occurs in an urban community, one of the buildings or an independent unit where the patient (or corpse) is located can be designated as an isolation circle. After the patient is transported, the disinfection and disposal of the isolation circle should be carried out, and the disease prevention and control institutions at higher levels should give guidance.

5.2.5 Rapid epidemiological investigation. When the disease prevention and control institutions in counties (cities, districts) receive reports of suspected cases and confirmed cases of plague from medical institutions or medical personnel, they shall complete the epidemiological investigation within 24 hours in accordance with the Plague Case Questionnaire, do a good job in judging and registering close contacts, and submit the epidemiological investigation and analysis report to the health administrative department at the same level and the disease prevention and control institutions in the Union City (professional institutions for plague prevention and control); Carry out a retrospective investigation of the source of infection.

5.2.6 Tracking and management of close contacts. By the counties (cities, districts) health administrative departments in conjunction with relevant departments to organize the implementation. Close contacts of suspected cases and confirmed cases shall be subject to centralized or isolated medical observation at home, and their body temperature shall be measured at least twice a day, and whether there are other related symptoms such as fever, cough, hemoptysis, lymphadenopathy and the progress of the disease. The medical observation period of close contacts is 9 days after the last contact with the case or infected person.

5.2.7 Preventive dosing. Preventive treatment of plague can be carried out for direct contacts of plague patients, people bitten by fleas in epidemic areas, people who come into contact with secretions and blood of infected animals and laboratory operations.

5.2.8 Fully control wild animals. Except for the need of maintaining public safety such as epidemic research and epidemic prevention and control, all wildlife hunting activities are prohibited, and the patrol and guarding work in the wild is strengthened. Severely punish illegal hunting of wild animals and crack down on indiscriminate hunting of wild animals. Do a good job in isolation, cleaning, sanitation and disinfection, monitoring and quarantine and epidemic prevention of artificial breeding units of wild animals, and block the contact between wild animals and poultry, livestock and people. Pay close attention to the health status of wild animals and do a good job in monitoring the epidemic focus and disease of wild animals. During the epidemic prevention and control period, wildlife trading is completely prohibited.

5.2.9 Strengthen the control of Gacha village (community). Give full play to the mobilization ability of Gacha village (community), implement grid and carpet management, prevent and control groups, and effectively implement the following comprehensive prevention and control measures:

(1) Organize mobilization. Gacha village (community) should establish an organization system for the prevention and control of plague epidemic, with cadres from Sumu township (street) and Gacha village (community) and doctors from primary medical and health institutions as the mainstay, encourage residents and volunteers to participate, form a part-time work team, implement grid and carpet management, and implement responsibility to people, and implement full coverage and implementation of Gacha village (community), natural village (residential area) and family.

(2) Health education. Make full use of various means to carry out targeted publicity on plague prevention and control knowledge, focusing on "three noes and three reports", so that the masses can fully understand the knowledge of plague prevention and control, master the key points of protection, form good habits, reduce travel (especially in the wild) and avoid contact with animals (especially wild animals).

(3) information notification. Release medical information to the public. Patients with symptoms such as cough, chest pain, high fever and swollen lymph nodes (pain) go to fever clinics, and suspected plague patients go to designated hospitals.

(4) Environmental sanitation management. In-depth patriotic health campaign, Gacha village (community) to carry out comprehensive prevention and control of vectors, mainly environmental remediation, supplemented by drug disinfection, to clean up residential quarters, garbage transfer stations, construction sites and other key places, deal with garbage and dirt, and eliminate the breeding environment of vectors such as rats and fleas. Organize and carry out comprehensive vector control and disinfection in time to effectively reduce the density of vector organisms.

(5) Material preparation. Gacha village (community) and families should prepare necessary articles and materials for prevention and control, such as rodenticide, thermometer, disinfection supplies, etc.

5.2.10 Other measures. At the same time, do a good job in the prevention and control of plague among animals according to 5.1.2-5.1.9.

5.3 Measures to be taken for emergency treatment of large plague epidemic (Grade III)

5.3.1 Start the emergency response to public health emergencies, and report it to the Health and Wellness Committee of the Autonomous Region, the Union Administrative Office and the Municipal People’s Government after being confirmed by relevant experts organized by the Union Municipal Health and Wellness Committee. The Union Administrative Office and the Municipal People’s Government will start the emergency response according to the major epidemic (level III), and the Health and Wellness Committee of the Autonomous Region will issue a level II warning. The League City established an epidemic prevention and control headquarters with the main leaders of the government as the chief commander, fully fulfilling the main responsibility of the territory. At the same time, the "three reports" system of zero report on epidemic situation, daily report on illness and daily report on work progress was launched.

5.3.2 Blocking epidemic areas according to law. For Sumu township (street) and Gacha village (community) designated as epidemic areas, measures can be taken to block the epidemic areas, restrict people from entering and leaving, and temporarily requisition houses and vehicles.

5.3.3 Reduce personnel flow and gathering.

(1) Strictly prevent transmission by means of transportation. Do a good job in the health management of trains, cars, airplanes, urban public transport and other key places such as stations, airports and passenger stations, ventilate and disinfect according to local conditions, and strictly implement prevention and control measures such as passenger temperature screening. Set up a check-up station, equipped with medical materials and professionals, to keep the plague patients and suspected patients found on the transportation for observation and isolation treatment. Do a good job in health quarantine of entry-exit vehicles and personnel, and prevent the import and export of epidemic situations.

(2) Reduce public gathering activities. Strengthen the management of large-scale public gathering activities, cancel or postpone all kinds of large-scale activities, close or stop opening cultural tourism facilities, and minimize large-scale public gathering. Hotels, restaurants, hotels, cultural and entertainment places, business units, public transport and other public places or other crowded places shall implement disinfection, ventilation and other prevention and control measures, and remind visitors and publicize and educate them on prevention and control knowledge.

5.3.4 Strengthen the arrangement and control of key populations. Effectively prevent the import and spread of the plague epidemic, make full use of comprehensive means such as big data, strengthen the grid management of rural pastoral areas and urban communities, and conduct comprehensive door-to-door investigations to ensure full coverage of the investigation area and no dead ends, and ensure that no one is missing. For residents who have traveled in the epidemic area and surrounding areas within 10 days, or who have been to the animal plague epidemic area, it is necessary to track down people, register and observe at home to ensure early detection, early reporting, early isolation and early treatment of the epidemic.

5.3.5 Strengthen epidemic prevention and control in key units and places. Key units and places such as hospitals, enterprises, schools, stations, airports, docks, shopping malls, supermarkets, pension institutions, welfare institutions and supervision places should fulfill their main responsibilities, implement various prevention and control measures, strictly monitor ventilation, disinfection and health, strengthen personal protection and health education, and report and dispose of any abnormal situation in time.

5.3.6 Strengthen supervision and guidance. Health administrative departments at all levels are responsible for the overall guidance of epidemic prevention and control. It is necessary to organize disease control and supervision institutions to go deep into key units and places to carry out publicity and health education, strengthen technical guidance and health supervision on epidemic prevention and control, help relevant units to implement infectious disease prevention and epidemic management systems, and guide the work of rodent control, flea control and disinfection. Autonomous regions and allied cities should send expert groups to guide epidemic situation disposal, patient treatment, hospital infection prevention and control, psychological intervention and other work. It is necessary to send a supervision team to supervise and guide all regions to implement the main responsibility of the territory and implement various prevention and control measures.

5.3.7 Strengthen material support. Local people’s governments at all levels should fully grasp the supply and demand situation of prevention and control materials such as drugs, protective articles, disinfection articles, treatment instruments, equipment and facilities in the local area, dynamically grasp the material demand and production, circulation, inventory transportation and resource guarantee, and organize all kinds of prevention and control materials production enterprises to do a good job in production guarantee; It is necessary to do a good job in emergency transportation and traffic protection to ensure the timely and smooth transportation of epidemic prevention and control and production and living materials; It is necessary to co-ordinate the coordination of local prevention and control material support, obey the unified dispatch of the joint prevention and control mechanism of plague epidemic in the State Council, and give priority to meeting the needs of the front line of prevention and control (including the front line of port prevention and control); Market supervision departments at all levels should strengthen supervision and severely crack down on acts that disrupt market order, such as driving up the prices of prevention and control materials.

5.3.8 Strengthen the cost guarantee. All regions should, in accordance with the spirit of relevant national documents, implement the subsidy policy for patients’ treatment expenses, grant temporary work subsidies to medical personnel and epidemic prevention workers who participate in prevention and control work, and properly arrange the funds needed for medical and health institutions to purchase special equipment for protection, diagnosis and treatment and rapid diagnostic reagents needed for epidemic prevention and control work. According to the requirements of relevant national documents, it is necessary to ensure that the confirmed and suspected plague patients are not affected by the cost, and that the hospitals are not affected by the payment policy.

5.3.9 Strengthen epidemic reporting. All regions should release information on epidemic prevention and control in a timely, open and transparent manner, and seriously blame those who delay reporting, conceal reporting or omit reporting. Strengthen public opinion analysis and judgment, respond to social concerns in a targeted manner, scientifically solve doubts and doubts, clarify false rumors, and eliminate unnecessary panic.

5.3.10 Fully rescue patients. According to the principles of "treatment nearby and on the spot" and "concentration of patients, experts, resources and treatment", patients will be transferred to designated medical institutions for treatment with negative pressure ambulances, and experts in the whole region will be concentrated to implement "one person, one case, one class", which will effectively improve the cure rate and reduce the death rate. At the same time, a front-line expert group will be set up to directly participate in epidemic disposal and patient treatment, and experts from Beijing and other places will be invited to support it if necessary. Set up a standby expert group, strengthen training and be ready to participate in epidemic prevention and control at any time. According to the progress of the epidemic, on the basis of designated hospitals, several medical institutions will be determined by the Union City as backup hospitals to prepare for receiving patients. Care for medical personnel, implement the strictest safety protection measures for medical personnel and epidemic prevention personnel, care for and protect the health and safety of medical personnel, and ensure the "three in place" of protective equipment configuration, implementation of protective measures and personnel treatment.

5.3.11 Other measures. At the same time, we should do a good job in animal plague prevention and control, nosocomial infection prevention and control, epidemiological investigation, close contact management, preventive dosing, wildlife control, epidemic point division and disposal in accordance with clauses 5.1.2-5.1.9 and 5.2.3-5.2.9.

5.4 Measures to be taken for emergency treatment of major plague epidemic (Grade II)

5.4.1 Start the emergency response to public health emergencies. The Health and Wellness Commission of the Autonomous Region shall organize relevant experts to assess and confirm the situation and report it to the National Health and Wellness Commission and the People’s Government of the Autonomous Region. The People’s Government of the Autonomous Region shall start the emergency response according to the major epidemic situation (level II), and at the same time start the "three reports" system of zero report on the epidemic situation, daily report on the illness condition and daily report on the work progress.

5.4.2 The emergency handling of major plague epidemics shall be organized and led by the people’s government of the autonomous region. According to the recommendations of the Health and Wellness Committee of the Autonomous Region and the needs of epidemic disposal, the People’s Government of the Autonomous Region established the plague emergency headquarters to quickly grasp and control the epidemic situation, determine the contents of emergency work and organize its implementation; Timely report the changes of epidemic situation and the progress of work in the State Council and send a copy to the relevant departments in the State Council, and at the same time notify the local garrison leading organs, Hohhot Customs and Manzhouli Customs. When necessary, request the National Health and Wellness Commission and relevant departments to give emergency support.

5.4.3 The Health and Wellness Committee of the Autonomous Region quickly understands the time, place, source of infection and cases of the epidemic, determines the severity of the epidemic, analyzes the development trend of the epidemic, puts forward suggestions on emergency work in time, and is responsible for reporting to the people’s government of the autonomous region, informing the relevant departments of the autonomous region and reporting to the National Health and Wellness Committee.

5.4.4 All regions and relevant departments shall, in accordance with the unified deployment of the autonomous region headquarters, cooperate closely, conduct joint defense and control, and strictly implement the prevention and control strategy of "internal proliferation prevention and external export prevention", effectively implement various prevention and control measures, and resolutely prevent the epidemic from spreading further.

5.4.5 Strengthen the management of epidemic areas. Start the blockade of epidemic areas, implement strict blockade measures for designated epidemic areas according to law, do a good job in dealing with epidemic areas according to norms, stop crowd gathering activities such as fairs and gatherings, close all public places, enterprises and institutions temporarily stop production and work, and schools and kindergartens suspend classes. Production and operation involving prevention and control needs and residents’ daily necessities should be under strict and effective protection.

5.4.6 Make every effort to treat patients. On the basis of clause 5.3.10, according to the progress of epidemic situation, start the designated backup hospital, and expand the backup expert group to the first-line expert group, and go deep into various regions to deal with the epidemic situation and treat patients. Strengthen the training of all medical staff, focusing on knowledge and skills training in diagnosis and differential diagnosis, patient treatment, prevention and control of hospital sensation, etc., so as to realize that all staff can be employed and everyone can respond to emergencies as soon as possible. Give play to the role of the expert group and conduct consultation and consultation at any time.

5.4.7 Ensure the supply of important materials. We must resolutely obey the unified management and allocation of epidemic prevention and control materials in the whole region, break the regional division, and ensure the timely deployment of epidemic prevention and control materials. No region, enterprise or individual may plunder, intercept or hoard important epidemic prevention and control materials, and once found, resolutely investigate and deal with them according to the law and discipline. It is necessary to designate departments to uniformly grasp the supply and demand situation of epidemic prevention and control materials such as drugs, protective equipment and disinfection materials in the region, take strong measures to support enterprises to resume work and production as soon as possible, strive to achieve full production, and support qualified enterprises to expand production capacity and increase supply. Attach great importance to the construction of "rice bag" and "vegetable basket" projects, and quickly organize production enterprises of daily necessities such as grain, oil and food to resume production as soon as possible under the premise of implementing epidemic prevention and control measures to ensure adequate supply of food, meat, vegetables and other necessary daily necessities. Ensure the smooth logistics distribution in the wholesale market and urban areas, and ensure the timely replenishment of supermarkets and convenience stores. Strengthen price monitoring and product quality and safety supervision, deal with panic buying at the first time, severely punish price gouging, hoarding and profiteering according to law, crack down on counterfeiting, maintain market order and stabilize market expectations.

5.4.8 Strengthen capacity dispatching. Scientifically analyze and judge the epidemic situation and the need for prevention and control, and pay attention to avoiding excessive traffic control measures. According to the principle of "one break and three contingencies" ("one break" is the channel to block the spread of the epidemic, and personnel traffic stops in principle; "Three contingencies" refers to the principle of continuous highway traffic, continuous emergency green passage and continuous traffic of people’s living materials, and "three non-priorities" (no stop production, no inspection, no charge and priority traffic), so as to strengthen the dispatch of all kinds of transportation capacity, make reasonable overall plans for traffic control and guidance, and ensure smooth transportation of medical protection and materials necessary for people’s production and life.

5.4.9 Make every effort to maintain social stability. Propaganda departments at all levels should comprehensively strengthen epidemic prevention and control propaganda and public opinion guidance, keep a close eye on important nodes of epidemic prevention and control, publicize the progress of prevention and control work, and respond to social concerns in a timely manner. Clear channels to solve doubts and doubts, clarify false rumors, eliminate panic, publicize touching stories, set a positive example, and strengthen the determination and confidence of the whole society. Political and legal departments at all levels should promptly investigate all kinds of epidemic-related contradictions and disputes and potential risks that may affect social stability, promptly and effectively ease and resolve them, and prevent conflicts and risks from converging and overlapping. Strengthen patrol prevention and control of pharmacies, shopping malls, airports, stations and other key places to prevent all kinds of major incidents. We will spare no effort to maintain the normal production and living order, and all kinds of illegal and criminal acts that affect the prevention and control of the epidemic situation, political and legal organs should perform their duties, cooperate with each other, and severely crack down on them according to law. At the same time, we should give full play to grassroots social organizations and mass forces to jointly safeguard social stability.

5.4.10 Other measures. At the same time, we should do a good job in animal plague prevention and control, nosocomial infection prevention and control, epidemiological investigation, close contact management, preventive administration, wildlife control and epidemic point division in accordance with articles 5.1.2-5.1.9, 5.2.2-5.2.9 and 5.3.2-5.3.10.

5.5 Measures to be taken for emergency treatment of particularly serious plague epidemic (Grade I)

After the National Health and Wellness Commission started the emergency response and issued the first-level warning, the people’s governments at the three levels of autonomous region, Union City and counties (cities, districts) should set up the plague emergency headquarters, and be responsible for rapidly developing and seriously implementing the emergency measures for the plague epidemic within their respective administrative areas in accordance with the unified leadership and deployment of relevant departments in the State Council or the State Council.

6 prevent cases from being exported.

During the period of prevention and control of plague epidemic, according to the principle of territorial management, the health and health committees of all league cities and counties (cities, districts) should strengthen the management of patient transfer, and all kinds of medical and health institutions at all levels should strictly implement the "twelve no" measures, resolutely put an end to the long-distance transfer of plague patients and prevent the spread of the epidemic. The specific situation is as follows:

(1) Patients with fever (history) and/or swollen lymph nodes (pain) are not allowed to leave the hospital at will;

(2) No patients with suspicious symptoms such as fever of unknown origin, sudden onset of high fever and sharp increase of white blood cells are allowed to be transferred to hospital or discharged;

(3) Patients with unexplained acute lymphadenitis, swollen lymph nodes, severe pain and suspicious symptoms such as forced posture are not allowed to be transferred to hospital or discharged;

(4) patients with suspicious symptoms such as severe toxemia and shock syndrome of unknown reasons are not allowed to be transferred to hospital or discharged;

(5) Patients with unexplained cough, chest pain, expectoration with blood, hemoptysis and other suspicious symptoms are not allowed to be transferred to hospital or discharged;

(6) Patients with unexplained severe conjunctivitis and serious upper and lower eyelid edema and other suspicious symptoms are not allowed to be transferred and discharged;

(7) Patients with unexplained bloody diarrhea and suspicious symptoms such as severe abdominal pain, high fever and shock syndrome are not allowed to be transferred to hospital or discharged;

(8) It is forbidden to transfer and discharge patients with suspicious symptoms such as painful red papules on the skin with unknown reasons and bloody blisters;

(9) Patients with unexplained severe headache, lethargy, stiff neck, delirium, high brain pressure, turbid cerebrospinal fluid and other suspicious symptoms are not allowed to be transferred to hospital or discharged;

(10) patients who have been to animal plague epidemic areas 10 days before the onset of the disease and have not been released from isolation are not allowed to be transferred and discharged;

(11) No patients who have come into contact with animals and animal products from plague epidemic areas within 10 days before the onset of the disease, who have entered plague laboratories or come into contact with plague experimental supplies and have not been released from isolation are transferred to hospitals and discharged from hospitals;

(12) It is forbidden to transfer and discharge patients who have been in contact with patients with clinical characteristics (1)-(9) within 10 days before onset and have not been released from isolation.

7 Confirmation, termination and evaluation of emergency response level

7.1 Confirmation of plague emergency response level

7.1.1 According to the requirements of this plan, the particularly serious plague epidemic (Grade I) shall be confirmed by the National Health and Wellness Commission; Major plague epidemic (level II) shall be confirmed by the Health and Health Commission of the autonomous region or the National Health and Health Commission; The larger plague epidemic (Grade III) shall be confirmed by relevant experts organized by the Health and Health Committee of the Union City or the Health and Health Committee of the Autonomous Region; General plague epidemic (Grade IV) and animal plague epidemic (Grade V) shall be confirmed by the Health and Health Committee of counties (cities, districts) or the Health and Health Committee of Union City.

7.1.2 When the plague epidemic occurs in towns, traffic arteries, densely populated areas, tourist attractions, border crossings, military and space bases and large-scale infrastructure projects, health and health administrative departments at all levels can report to the health and health administrative department at the next higher level while confirming the emergency response level, and the health and health administrative department at the next higher level will confirm whether the emergency response level is upgraded.

7.2 Termination of plague emergency response

Handling of human plague epidemic situation: according to the requirements of People’s Republic of China (PRC) national standard "Standards and Principles for Handling Human Plague Epidemic Areas" (GB15978—1995), all the corresponding emergency response work has been completed, and the standards of rodent control and flea control and environmental sanitation have been reached in large and small isolation circles, and there have been no secondary cases for 9 consecutive days.

Treatment of animal plague epidemic areas: According to the requirements of People’s Republic of China (PRC) national standard "Standards and Principles for the Treatment of Human Plague Epidemic Areas" (GB15978-1995), when infected rats and fleas are found in pastoral areas, the treatment scope should be centered on the epidemic area, and the fleas should be thoroughly exterminated, with early warning as the precondition. The health administrative department of the League City will organize the professional institutions at the League City level to meet the standards of no rats, no holes and no fleas after acceptance.

The termination of the emergency response to the particularly serious plague epidemic (level I) shall be implemented after the approval of the State Council or the national plague emergency headquarters.

The termination of major plague epidemic (Grade II), major plague epidemic (Grade III), general plague epidemic (Grade IV) and inter-animal plague epidemic (Grade V) shall be analyzed and demonstrated by relevant experts organized by the health administrative departments of the autonomous region, Union City, counties (cities, districts), and implemented after being reported to the people’s government at the same level or plague emergency headquarters, and reported to the health administrative department at the next higher level.

7.3 Evaluation of plague epidemic handling work

7.3.1 Organization of appraisers

The assessment of the handling of particularly serious plague epidemic (Grade I), major plague epidemic (Grade II), major plague epidemic (Grade III) and general plague epidemic (Grade IV) shall be organized by the National Health and Health Commission and the health administrative departments of autonomous regions, leagues and counties (cities, districts) to form an assessment team to carry out the assessment. For the epidemic situation of plague among animals (level V), the health administrative department of the Union City and counties (cities, districts) shall organize relevant personnel to form an evaluation team to carry out the evaluation.

7.3.2 Main contents of assessment

Physical geography of epidemic area, causes of epidemic, sources of infection, transmission routes and epidemic factors, occurrence, development and control of epidemic, composition of patients, treatment effect, distribution of infected animals and flea species, density of infected animals and flea index, effect evaluation of measures taken, existing problems in emergency treatment, experience gained and suggestions for improvement. The evaluation report shall be submitted to the people’s government at the same level and the health administrative department at the next higher level.

8 safeguard measures

8.1 Strengthen the capacity building of disease control institutions.

In accordance with the requirements of the National and Autonomous Region’s Standards for the Construction of Centers for Disease Control and Prevention and the Guiding Opinions on the Organization Standards for Centers for Disease Control and Prevention, we will strengthen infrastructure construction, increase investment, strengthen personnel training, deepen internal reform, improve scientific research level and professional ability, reach the national and autonomous region standards as soon as possible, and provide strong technical support for plague prevention and control.

Strengthen the construction of laboratory detection capacity of county-level disease control institutions, and enhance the capacity of plague field monitoring laboratories. All county-level rodent control professional institutions should have the ability to carry out nucleic acid detection, so as to comprehensively improve laboratory infrastructure, detection equipment and personnel technology. At the same time, we should constantly strengthen the standardization and standardization of laboratory management system, and comprehensively improve the biosafety level of plague laboratories.

Because the focus of plague prevention and control work is in remote and poor areas, the work is hard and the task is heavy. Plague is a highly pathogenic and virulent infectious disease, and rodent control personnel are facing a high threat of biological safety. All regions should ensure the wages and benefits of plague control personnel, pay temporary work subsidies in full and on time, and tilt the appointment of professional titles.

8.2 Strengthen the monitoring of plague among animals and human beings.

Improve the three-level plague monitoring system in autonomous regions, union cities and counties (cities, districts). In accordance with the requirements of the National Plague Monitoring Program and the Plague Monitoring Program of Inner Mongolia Autonomous Region, monitoring points are set up reasonably, the monitoring scope is continuously expanded, and the plague monitoring among animals is actively carried out. Gradually promote the application of drones to carry out epidemic focus surveys, carry out new technologies such as plague nucleic acid detection, and continuously improve the efficiency and quality of monitoring work. Medical and health institutions at all levels should strengthen the management of outpatient, emergency and fever clinics, especially primary medical institutions should effectively play the role of "sentinel" in human plague monitoring, strengthen the investigation and reporting of fever patients, and improve the awareness and ability of medical personnel to identify plague patients.

8.3 improve the emergency response ability of plague

In accordance with the requirements of the state and autonomous regions, standardize the plague emergency team, emergency equipment and emergency material reserves, and improve the infrastructure and laboratory equipment conditions of disease prevention and control institutions or plague prevention and control professional institutions. Strengthen the construction of professional teams for rodent control and emergency response, strengthen professional technical training and emergency drills, enhance technical reserves, and improve the ability of epidemiological investigation, on-site disposal and laboratory testing. Each region organizes at least one plague emergency drill every year to improve the response level and ability of emergency teams.

8.4 Strengthen the capacity building of medical treatment

Strengthen the emergency preparedness of medical and health institutions to deal with the sudden plague epidemic and improve the ability of treatment. Designated medical institutions of plague in various regions should have the ability to carry out rapid screening of plague pathogens, improve the response mechanism of clinical treatment, standardize the prevention process of nosocomial infection, transform and build negative pressure wards and negative pressure laboratories, and equip them with certain facilities and equipment, so that they can have a high level of comprehensive treatment ability and biosafety protection conditions, and truly treat plague cases nearby and on the spot. Strengthen the sense of responsibility of medical institutions and medical staff, and establish a responsibility system for the investigation of patients with fever. According to the principle of territorial management, the health administrative department of counties (cities, districts) should sign a letter of responsibility with all kinds of medical institutions at all levels, the heads of medical institutions and medical staff in the jurisdiction, and compact the responsibility step by step and incorporate it into the performance management of medical institutions.

8.5 Strengthen the working mechanism of combining medical treatment with prevention.

Within the health system, it is necessary to establish a close cooperation mode of combining plague medical treatment and prevention, and strengthen the working mechanism of interconnection between disease control, medical treatment and health supervision institutions. Disease control institutions should release early warning information to medical institutions in a timely manner, and carry out training on plague prevention and control related knowledge and laws and regulations for medical personnel. Medical institutions should actively carry out active monitoring of human plague. It is necessary to set up a human plague monitor in this unit, build an interconnection bridge with the disease control institutions, grasp the epidemic dynamics of plague among animals in this area in real time, and notify the disease control institutions in a timely manner according to regulations when suspected plague cases are found. Medical institutions should give certain performance rewards to human plague monitors. Health supervision institutions should promptly carry out supervision and inspection on the prevention and control of plague in various medical institutions at all levels to ensure that all prevention and control work is implemented in detail.

8.6 Strengthen the working mechanism of joint defense and joint control among departments.

Improve the inter-office joint conference system for prevention and control of major diseases, further clarify the responsibilities and functions of each member unit, and actively study major issues in plague prevention and control according to their responsibilities and functions. Each member unit should plan, study, arrange and implement the work of the unit, and form a joint prevention and control work pattern with information exchange, close cooperation and mutual support.

8.7 Establish the working mechanism of group prevention and control.

Take Gacha village (community) as the basic unit, implement grid and carpet management, fully implement territorial responsibility, departmental responsibility, unit responsibility and individual responsibility, clarify the division of responsibilities, and implement the responsibility of plague prevention and control to each grid unit, so as to achieve accurate management to counties (cities, districts), Gacha village (community) and households (units), and at the same time implement the organs, enterprises, institutions and grassroots organizations under the jurisdiction.

8.8 Strengthen health publicity and education

Strengthen the publicity and education of plague prevention and control knowledge, and improve the awareness rate of plague prevention and control knowledge through various channels and forms. Actively carry out public opinion monitoring, timely organize experts to answer questions about social hotspots and issues of public concern, clarify false information on the Internet, and do a good job in communication on epidemic prevention and control risks. Publicize the "three noes and three noes" to residents and migrants in epidemic areas, especially migrant workers (no hunting, no stripping, no taking epidemic animals and their products out of epidemic areas without permission, reporting dead mice and marmots, reporting suspected plague patients, and reporting patients with unexplained high fever and sudden death), so as to improve people’s awareness of self-prevention.

8.9 Strengthen the capacity building of health supervision.

We will continue to strengthen the construction of the law enforcement system, constantly improve the four-level supervision and law enforcement agencies in autonomous regions, league cities, counties (cities, districts) and towns (streets) in Sumu, clarify their functions and responsibilities, provide sufficient supervision and law enforcement personnel and equipment, strengthen the institutionalization, standardization, informationization and standardization, and increase capital investment to ensure the normal development of the work.

8.10 Implementation of commendation and reward

After the epidemic treatment, the regions, units and individuals that have completed the plague emergency response work shall be commended and rewarded.

9 supplementary provisions

9.1 formulation and revision of the plan

This plan is formulated by the Health and Health Committee of the autonomous region, and updated, revised and supplemented in time according to the changes in the plague situation and the problems found in the implementation. Health administrative departments at all levels shall, according to this plan, organize the formulation of emergency plans for plague control in this area in combination with the actual situation in this area.

9.2 Interpretation of the Plan

This plan shall be interpreted by the Health and Health Committee of the autonomous region.

9.3 the execution time of the plan

This plan shall be implemented as of the date of issuance, and the Notice of the General Office of the People’s Government of Inner Mongolia Autonomous Region on Printing and Distributing the Emergency Plan for Plague Control in the Autonomous Region (No.53 [2008] of the Office of the Internal Affairs Office) shall be abolished at the same time.

Attachment: Inter-provincial Plague Defense Units in Inner Mongolia

attachment

Inter-provincial plague defense unit in Inner Mongolia

First, nine northern provinces (cities, districts) plague defense

Inner Mongolia Autonomous Region, Beijing, Tianjin, Hebei, Shanxi, Jilin, Liaoning, Heilongjiang and Shaanxi provinces.

Two or five provinces (regions) Mongolian gerbil plague prevention and control

Inner Mongolia Autonomous Region, Hebei Province, Shaanxi Province, Shanxi Province, Ningxia Hui Autonomous Region

Three or four provinces (regions) Daour Citellus plague joint defense.

Inner Mongolia Autonomous Region, Heilongjiang Province, Jilin Province, Liaoning Province

Four or eight provinces (regions) plague prevention and control in Marmot foci

Inner Mongolia Autonomous Region, Xizang Autonomous Region, Gansu Province, Chongqing City, Sichuan Province, Yunnan Province, Xinjiang Uygur Autonomous Region and Qinghai Province.

According to the report of "Governor of Chang ‘an Street" in WeChat WeChat official account on June 3, Li Jianmin, deputy mayor of Ankang City, Shaanxi Province and deputy bureau-level cadre, died of sudden illness in Xi ‘an on the night of May 28, when Li Jianmin, deputy mayor of Ankang City was on a business trip, at the age of 54.

The bad news reached Bin County that night. Then, thousands of people rushed to Kaiyuan Square in the county from all directions and gathered under the Binta to mourn Li Jianmin. People hung up the tent of "Secretary Jianmin walked all the way" on the tower, and lit candles on the ground to mourn.

Li Jianmin

On May 28th, Li Jianmin, vice mayor of Ankang, died of sudden illness while on a business trip, which aroused social concern. Many people care about his funeral, but they accidentally found this mansion in his hometown of Zhidan County. Today, an article entitled "We Met the" Mansion "in Li Jianmin" exploded the Internet.

How luxurious is the mansion in Li Jianmin?

There are four caves in the yard, one for him and two for his brother. Six houses with ceramic tiles were built two years ago when immigrants moved, and the state subsidized half of them and paid half of them themselves.

The room is still a blank cement wall.

The only electrical appliance is the washing machine.

You still use such a big closet.

Jiao Xiaofeng, the boss of brilliant real estate, Shi Aiqun, the former national first-class announcer of Binxian TV Station, and others burst into tears after seeing the house.

Jiao Xiaofeng cried and said, "People say that Secretary Li is not greedy because he is not poor in money. What is this? Is this called having money? "

Lu Xiaoping, a national moral model, said: "We help the poor all day. Look at the secretary’s family. How many years have we worked with the secretary? I don’t know if the secretary lives in such a house. I don’t know if the secretary’s family has not been lifted out of poverty."

People in Liu Zhidan Memorial Hall said that Li Jianmin was having a NPC session when her mother died, and she went home directly after the meeting. A boss of Binxian Winery brought a load of wine, and Li Jianmin asked her to pull it back, saying that if you dare to pull it back, I will spare you.

"Secretary Jianmin, go all the way"

Chang’ an Street Governor APP found that after the death of the deputy mayor, it was not only Ankang, but also in Zhidan, Yanchuan, Wuqi, Binxian and other places where he had been in power, countless people spontaneously went to mourn him, and the scene turned into a sea of tears, which was moving.

According to the China Business Daily, after the news of Li Jianmin’s death reached Bin County, the mobile phone circle of friends of local people was quickly screened by Li Jianmin, and the screen was full of words such as sadness, regret, nostalgia and gratitude. Thousands of people rushed to Kaiyuan Square in the county seat from all directions and gathered under Binta to mourn Li Jianmin. The masses hung up the bill of "Secretary Jianmin walked all the way" on the tower and lit candles on the ground to mourn.

There are at least hundreds of wreaths at the scene, all bought by the masses themselves. There are sanitation workers, female middle school students and veteran cadres in their 80 s who come to see me off. A boss selling rabbit meat came with his daughter. He still remembers the scene when Li Jianmin forced him to give him money after eating in his small restaurant.

In July 2006, Li Jianmin was transferred from Wuqi County to Binxian County and worked there for 10 years until he left in February 2015. The local people said: "Li Jianmin is good, just look at what he has done. Kaiyuan Square and Jinghe River embankment are real examples." The urban environment in these two places has been greatly improved, which is Li Jianmin’s real achievements after working in Binxian County.

National poverty-stricken counties have become the top ten counties in Shaanxi

Before 2006, Bin County was still labeled as a "national poverty-stricken county". Here, Li Jianmin showed clear thinking and foresight, and led Bin County to become one of the top ten counties in Shaanxi in just four years.

At that time, the office building of the county party committee and county government in Bin County was nearly 30 years old, with broken doors and windows, old tables and chairs, peeling walls and leaking toilets. "The office conditions are poor, and there is no face at all!" Many civil servants complained about the office building at that time, hoping that Li Jianmin could make a decision and take money to renovate it.

"Money should be spent on education first!" Li Jianmin set the tone when he first arrived. He believes that for a poor county, developing education and cultural construction is the most basic work.

Under this development idea, Binxian education has sprung up, taking the lead in solving the "Nine-Year Plan" debt in Shaanxi Province and implementing the 15-year free education policy from kindergarten to high school.

The poverty in Bin County is also related to the flood of Jinghe River. Jinghe River passes through Binxian County. There are no riverbanks on both sides of the river all the year round, and floods occur every year. Li Jianmin personally led a team to investigate and decided to spend 320 million yuan to start the flood control project.

Poor counties spend so much money to build dikes, which immediately leads to overwhelming doubts. Before the controversy stopped, a heavy rain gave Binxian people the answer.

On July 23, 2010, the rainstorm raided Bin County, and the water level has exceeded 1 meter, and the county seat is about to be destroyed. At 10 o’clock in the evening, Li Jianmin stood in the chest-deep flood to dispatch excavators and forklifts, and quickly dredged three tributaries leading to the Jinghe River. After an hour, all the floods in the city were drained away, and the newly built riverbank stood still in the test.

Since then, the voice against the dike repair has vanished.

My son has a bad temper, which hurts everyone’s forgiveness

Not only in Bin County, but also in Zhangqu Township, Zhidan County, Li Jianmin’s hometown, the people have been thinking about his goodness so far, and the most evaluation is "Good man!" Praise him for being an official without forgetting his roots. Under the planning of Li Jianmin, this once-closed village was wired and connected with tap water. The local people said, "We have an unexpected misfortune. Just let him know and there is no reason to fall into the ground."

In another place where I worked, Yanchuan, my old colleague commented that Li Jianmin was "extremely smart and had many ideas".

"Smart thinking" comes from solid grassroots research. Everywhere he went, Li Jianmin rolled up his trouser legs, and went from town to town to visit villages. Of the 705 natural villages in Yanchuan County, Li Jianmin visited 703. After on-the-spot investigation, Li Jianmin keenly discovered the great potential of jujube industry. He immediately mobilized Comrade Inoguchi to organize farmers and formed a model of "company+base+farmers". Statistics of Yanchuan County show that during Li Jianmin’s tenure, the planting area of red dates increased from 78,000 mu to 210,000 mu, which became an important pillar of the local economy.

To ordinary people, Li Jianmin always smiles at each other, but for those cadres who don’t do a good job, he only recognizes work and denies people. A Binxian cadre who worked with him said that Li Jianmin had never been vain in his work and did not talk about "routines". When checking the work, I always go to the fields to see for myself first, and then listen to the report. At the memorial service, his old father choked in public and said, "My son has a bad temper, which hurts everyone’s forgiveness."

　　Bath center, 24-hour ATM bank, underground parking, Internet cafe, KTV… … In recent years, some tourists choose these cheap and convenient places to spend the night in order to save money when traveling abroad. Recently, however, Red Star journalists found that some netizens shared their "coup" of saving money by staying overnight on a social platform, and even chose the overnight place in the emergency department of the hospital. They also said that big hospitals such as the top three hospitals are five-star hotels with intimate service and comfortable recliners.

　　In this regard, some medical staff working in the emergency department told the Red Star journalist that in the past work, people who did come to see a doctor by pretending to be sick generally did not deliberately expose them, and they would be treated according to normal diagnosis and treatment. The inspection should be advised to go back to rest and persuade them to leave. It is considered to be very unqualified for this kind of behavior that takes up the queue for medical treatment and medical resources. "If there are many such behaviors, the hospital will issue relevant regulations in the future, which will add trouble to those who really come to see a doctor."

　　▲ Screenshot of the post of saving money by going to the emergency department of the hospital for the night.

　　Bloggers send "coup" to save money by traveling;

　　"You can pretend to be sick and go to the hospital for emergency treatment for the night."

　　Netizens criticized "guiding others to occupy medical resources"

　　Recently, a blogger posted on a social platform that if you can’t book a room for travel, you can register to stay in the emergency room of the hospital. According to the screenshot of the net transmission, the blogger created his own "small coup" to save money for overnight travel, and emphasized that big hospitals such as the top three hospitals are five-star hotels with intimate service and comfortable recliners.

　　The blogger also described in detail a series of procedures for registering and seeing a doctor in his post: registering at the emergency window of the hospital after 10 pm, taking blood pressure and temperature at the triage desk, washing after "confirming that he is not sick", lying that he coughed and was out of breath when seeing a doctor, and asking the doctor to prescribe oxygen instead of medicine, and staying in the hospital for the night at the price of 3 yuan per hour. The time of oxygen inhalation can be determined according to his sleep habits. "A total of 30 yuan can spend the night on the hospital lounge chair, and the nurse will help look after the luggage."

　　On October 9, when Red Star journalists searched the above-mentioned bloggers’ accounts on the platform, they found that they could not find the relevant accounts. However, by searching keywords on the platform, the reporter found that other bloggers still posted similar posts. According to a blogger, his company organized a very remote (local) physical examination, and decided to stay in the hospital because he couldn’t go back that day. At that time, the doctor immediately opened a hospital for him, or a single room.

　　▲ Another netizen shared the post "Where can I spend the night without staying in a hotel?"

　　The blogger also said in his post that the hospital fee is basically about one day in 60 yuan, but only when the beds are free, and a sick note can be issued. Later, when the blogger went to Hangzhou to play, he had a physical examination in a local hospital because he couldn’t find accommodation. "I was given an accommodation. I was called up at 6: 30 the next day and took a color ultrasound. I let me go. I spent 220 yuan before and after. The accommodation price in Hangzhou was not lower than that in 600 yuan that day."

　　Since the post of "saving money by spending the night in the hospital emergency room" was exposed, it immediately triggered a hot discussion among netizens. Many netizens left a message in the comment area, "This is guiding others to occupy medical resources, which will seriously interfere with the normal order of hospitals and the work of medical staff"; "Emergency overnight not only wastes medical resources, but also affects patients who really need emergency services. Can you sit still in the rest area here? " Some people also said, "Not to mention the need for doctors to judge the condition, all kinds of patients will be received all night, as well as the sounds of various instruments, all kinds of painful screams, and the lights will shine like daylight, so you won’t go even if you are asked to go" … …

　　▲ Reply from the platform involved

　　On October 10th, the Red Star journalist contacted the customer service (professional assistant) of the platform involved. The other party said that in this case, you can click the reporting option on the platform, and provide the relevant materials of the whistleblower according to the corresponding prompts on the page, and the corresponding Commissioner will follow up the verification. "The platform will take one or more of the following measures based on the facts independently identified by it, such as: limiting the scope of display, banning accounts, banning accounts, and pursuing legal responsibilities according to law."

　　Emergency medical staff:

　　Encountered pretending to be sick to see a doctor.

　　But it is almost impossible to achieve the goal of staying overnight at a low price.

　　"Emergency departments at home and abroad are roughly divided into five major areas, including pre-hospital emergency triage area, hospitalization observation area, rescue area, emergency inpatient ward (including general ward and emergency intensive care unit) and infusion area." Xiao Wei, a medical staff member in the emergency department of a third-class first-class hospital in Guangzhou, told Red Star that the day shift and night shift in the domestic emergency department are similar. The day shift is the normal administrative time, around 8: 00 -18: 00, and the rest of the time is night shift. "After the outpatient clinic is closed, the emergency department becomes busy, usually at noon and evening, as well as on the eve of holidays and during holidays."

　　Regarding the bed problem in the emergency department, Xiao Wei said that there will be beds in the rescue area and the observation area, but the number is not very crowded, and they all need to go through the formalities. "The emergency inpatient ward, like the inpatient department, needs hospitalization procedures to live. There are 5 beds in our infusion area, which are used by patients who need infusion. After transfusion, they must get up and lie down for patients who need it later. People who don’t need infusion are not allowed to lie down. " In addition, Wei also said that the general process of treating patients in the emergency department is: when patients arrive in the emergency department, there is a triage desk, and the nurses at the triage desk will evaluate the patient’s condition, roughly grade the condition by asking questions, measuring heart rate and blood pressure, and queue up for treatment according to the grading system.

　　"Patients who pretend to be sick have also encountered some. The triage nurse generally does not refuse to consult, and the registration will be hanged. However, if it is recognized that he is pretending, he will be told that he must queue up according to the order of diagnosis and treatment and cannot jump the queue. After it’s his turn to see a doctor, the doctor will judge his condition. It’s really fake, and he won’t open an oxygen inhalation or a bed for you to lie down for one night. " Wei said, because doctors also know that he is responsible for the patients in every bed he arranges, he also needs to make records and shift the next doctor, and so does the nurse. "It is easier for people who pretend to be sick to see it. Ask more questions, do some relevant physical examinations, open tests for him, and he will refuse to check. However, (medical staff) generally will not deliberately expose the illness, so they will still be treated according to normal diagnosis and treatment. The inspection should be advised to go back to rest and persuade them to leave. Even if there is a free bed, it is impossible to give him a night. "

　　In addition, regarding the aforementioned problems of being drunk and being hospitalized for physical examination, Xiao Wei admits that the control of being hospitalized in the emergency department is stricter than that in the general outpatient department, so the situation of being hospitalized in the emergency department through being drunk or being hospitalized for physical examination hardly exists in the emergency department. "Unless the condition of drunkenness is very critical, it will definitely be hospitalized for treatment. “

　　"This online ‘ Planting grass ’ I was a little shocked by the situation. It is not excluded that some people have done this and succeeded, but this situation generally does not appear in busy public hospitals. However, many hospitals are expanding now, and the new campus of some hospitals is indeed well decorated and equipped, and it is not excluded to open beds to live in order to generate income; Moreover, some young doctors are inexperienced. If people who come to see a doctor strongly demand to stay overnight even if they have not detected any problems, there are also empty beds. For safety reasons, doctors may think that he may have mental illness and let him stay for one night. " Wei told reporters that they had had patients with mental and sleep problems before, and only asked for oxygen and overnight stay, but the patient did have mental problems. "In short, the hospital emergency department generally does not refuse to consult, but it must abide by the order of diagnosis and treatment, because emergency patients will definitely give him priority in cutting in line. Moreover, sometimes in an emergency, such as a new patient who needs to be rescued, if there is a lack of beds, the emergency department does not rule out letting patients with mild illness give up their beds, take wheelchairs or seats first, and wait until the beds are turned around before returning them to patients with mild illness. "

　　"Patients with colds and fever usually need to leave after the fluid is lost, and they are not allowed to stay in the emergency room. If medical staff find that someone is pretending to see a doctor, they will continue to urge them to leave. " The medical staff in the emergency department of a second-class hospital in China also told reporters that in the past, there were cases in which patients broke into the emergency room for the night by themselves in the middle of the night, and the medical staff would drive away the people who occupied the beds during the morning rounds. "Under normal circumstances, all patients who saw a doctor in the emergency department, as long as they did not apply for hospitalization, would ask the patients to leave after the treatment, and would not be allowed to stay overnight. It is almost impossible for people without symptoms to want a bed in the emergency department through the normal medical treatment process to achieve the purpose of staying overnight at a low price in the hospital. "

　　The medical staff also said that doctors will diagnose the specific symptoms of patients and will not blindly meet the requirements of patients. I just want to take oxygen when I cough, so don’t prescribe medicine ’ In fact, not everyone is suitable for oxygen inhalation when coughing. Even if oxygen inhalation is allowed, it is only allowed for twenty or thirty minutes. After simple treatment, the patient needs to leave, and it is impossible to stay overnight. "

　　Red Star Journalist Luo Mengjie Intern Wang Zixuan