试论药监执法过程中暗访行为的正确运用

Discussion on the Proper Use of Unannounced Visits in Drug Administration Law Enforcement Process

目的对药监执法过程中暗访行为的正确运用提出建议。方法介绍了暗访的定义及性质,分析了暗访与"钓鱼"执法的异同,探讨了在药监执法过程中暗访行为的正确运用问题。结果与结论暗访行为对于查处取证困难,违法行为隐蔽性、隐匿性较强的案件具有很好的作用,但要注意从合理身份、正确的证据转变方式等方面入手加以规范,解决好暗访取得证据的采信问题,以及时发现、处理涉药违法行为,维护良好的市场秩序。

Objective To provide recommendations for the proper use of unannounced visits in the drug administration law enforcement process.Methods To introduce the definition and character of unannounced visits,analyze the similarities and differences between unannounced visits and ＂fishing＂ enforcement,and discuss the proper use of unannounced visits in the drug administration law enforcement process.Results and Conclusion Unannounced visits has a good effect for the case that it is difficult to obtain evidence during the investigation and illegal behavior is covert,but it should pay attention to a reasonable capacity,evidence of changes in the right way and solve the adoption of obtaining evidence.As well as find and deal with illegal activities involving drugs,maintain a good market order.