对《公共场所卫生管理条例》中罚则的设定与效力的几点意见

Several Opinions about Penalties set and Effect in "Health Management Regulations in Public Places"

为适应新形势下依法治国、依法行政和卫生监督体制改革的需要,为修订《公共场所卫生管理条例》提供参考依据。本着有利于公共场所卫生法制管理的连续性与稳定性的原则,针对公共场所迅速发展所面临新的公共卫生问题,对适当调整适用范围并强化监督力度,力求与相关法律法规相衔接,规范卫生行政执法。提出:现行的《公共场所卫生管理条例》其罚则章节的部分规定缺乏可操作性和应有的法律威慑力。建议:加快《公共场所卫生管理条例》的修订和立法工作,尽快实现公共场所卫生监督体制归属于卫生行政部门职能的转移。

This paper is aimed to meet the need of the rule of law, administration by law and reform health supervision under new situation, and provide reference for the emendation of ＂ Health Management Regulations in Pubhe Places ＂. For the purpose of health management of the legal system＇s continuity and stability in public places, aiming at the new public health problem cased by the rapid development of public places, the scope of application should be adjusted properly and the supervision should be strength- ened to hnk up with the relevant laws and regulations, and standardize Health administrative law enforcement. This paper puts for- ward that some of the penalties regulations in the active ＂Health Management Regulations in Public Places＂ lack of maneuverability and deterrent force and suggests to speed up the emendation of ＂ Health Management Regulations in Public Places＂ and legislative work, and to realize the functional transfer of health supervision system in public places system into the health administration departments as soon as possible.