卫生执法行政证据问题略谈

Discussion on administrative evidence of health law enforcement

卫生行政执法中的证据是执法人员在执法过程中收集或者由行政相对人提交的,用以证明案件事实的材料。卫生行政执法证据要求证据具有合法性、真实性、与待证事实存在关联性,但目前卫生行政执法领域存在取证程序不严谨,登记保存证据缺乏规范,证据缺失,证据内容互相冲突,材料取舍比较随意等问题。卫生行政部门在执法中应当注意全面、主动、能动的收集证据。

Evidence in health administrative law enforcement is the material that law enforcement officers col- lect in the course of law enforcement or submitted by administrative counterparts to prove the facts of the case. The evidence of health administrative law enforcement requires that the evidence has legitimacy and authenticity, and there is a correlation with the fact that it is evidence. However, there have some problems in the field of health ad- ministrative law enforcement, including no strict evidence collection procedure, lack of normative evidence, lack of evidence, conflicting evidence, free to collect evidence. Health administrative departments in law enforcement should pay attention to a comprehensive, active and dynamic collection of evidence.