浅谈《公共场所卫生管理条例实施细则》的执法困境与对策

Discussion on the enforcement difficulties and countermeasures of the Implementation Rules of Public Health Administration Regulations

2011版《公共场所卫生管理条例实施细则》至今已实施五年,随着社会经济的发展,某些内容已不能适应新时期的卫生计生监督执法工作要求。我们根据监督执法工作内容,结合自身卫生监督执法实践经验,对执行该《细则》过程中发现的部分突出问题进行了分析,提出了"调整处罚前置措施以提升违法成本"、"遵循责罚相当原则以促进执法公平"、"增加简易处罚项目以强化执法力度"、"重视卫生检测结果以保障公众健康"等思考和建议,旨在为进一步完善公共场所卫生管理制度、最大化卫生监督执法工作的社会效益提供现实依据。

The 2011 edition of the Implementation Rules of Public Health Administration Regulations has been implemented for five years. With the development of social economy, some contents have been unable to adapt to the supervision and law enforcement work in the new period. According to the contents of supervision and law enforcement work, combined with their own health supervision and law enforcement experience, authors analyzed the outstanding problems found in the course of the implementation of the rules, put forward some thoughts and suggestions, such as adjusting pre measures to improve the cost of illegal punishment, following the doctrine of punishment to promote the enforcement of fair, increasing the simple penalty projects to strengthen law enforcement, and paying attention to health test results to protect public health ＂,aiming to provide a realistic basis for further improving public health management system, and maximizing the social benefits of health supervision and law enforcement work.