对实施卫生检疫行政许可的几点思考

Ponder on Implementation of Administrative Licensing in the Frontier Health Quarantine

从分析行政许可的定义、性质和卫生检疫行政许可实施现状着手,分析卫生检疫机关实施行政许可存在的问题与对策。目前卫生检疫存在行政许可项目与其他行政审批项目的"双轨制",已实施的卫生检疫行政许可项目数量上不能满足工作需要,且部分项目在许可实践中存在欠缺,并存在不少有待公布与实施的卫生检疫行政许可项目,《国境卫生检疫法》应予修订,设置行政许可章节。卫生检疫行政许可的关键在立法设定、重点难点在执法实施,目标是法制化、规范化、标准化。当前应加强卫生检疫行政许可的组织实施力度,完善实施卫生检疫行政许可的范围、依据、条件、程序。

The questions and countermeasures have been discussed according to the present situation of implementation of the Administrative Permission Law in our executive approval of the Health and Quarantine. In accordance with definition and function of legislative explanation on the Administrative Permission Law, two kinds of ways for licensing issued by the Health and Quarantine Organization were found .One is obeyed the procedures of Administrative Permission Law, another is not. But the former has much defected at enforcement, far not enough for the implementation of quarantine ratification as well. A special chapter or section should be set up after modification of the Frontier Health and Quarantine Law. The key point and hot point over the implement of the quarantine administrative permission are perfect legislation and accurate enforcement especially. It should aim to legalization and standardization. Efforts should be made to enhance and perfect the implementation of administrative permission in statutory boundary, supports, requirements and procedures in Health Quarantine.