公共场所顾客用品用具未消毒案的法律适用探讨

Study of application of law in non-disinfected case of customer supplies and appliances in public place

公共场所顾客用品用具消毒是公共场所卫生管理的关键环节,而对顾客用品用具未消毒案件是否适用《公共场所卫生管理条例》,执法人员并未形成一致意见。作者通过对"卫生质量"一词的探究,认为"未按规定消毒案"不适用《公共场所卫生管理条例》中的"卫生质量不符合卫生要求";而《公共场所卫生管理条例实施细则》对"未按规定消毒"的行政处罚设定,其合法性同样存疑。

The disinfection of customer supplies and appliances in public place is a key point of sanitary man- agement in public places. However, the law enforcement personnel have not reached an agreement whether the non- disinfected case of customer supplies and appliances is applicable for Regulations on Hygienic Management in Public Place or not. Based on the exploration of the words ＂Hygienic Quality＂, the author thought that ＂Case of non-disin- fection according to regulation＂ is not applicable for the ＂Hygienic Quality being not conformed with Hygienic Requirement＂ of Regulations on Hygienic Management in Public Place, meanwhile, that the legitimacy of the settlement of administrative penalty in Implementing Rules of Regulations on Hygienic Management in Public Place is also doubtful.