2012-2017年河南省卫生行政处罚情况分析

Analysis of Health Administrative Punishment in Henan Province in 2012-2017

目的分析2012-2017年河南省卫生行政处罚的整体情况及存在问题,为制定卫生监督政策和监督执法提供基础资料和理论依据。方法分析数据来源于国家卫生监督信息数据库,从其中导出河南省2012-2017年间所有行政处罚案件数据,共64 305件,建立数据库并进行统计分析。结果 6年中河南省共实施卫生行政处罚案件64 305件,警告33 932次,吊销许可证或科目共40个,罚款115 737 284.85元,案均值为2086.70元。近5年来案均值逐年上升,案件数量、罚款金额呈现先增加后降低趋势。个体私有及其它类别的行政管理相对人处罚案件最多,案均值较低,对行政处罚较敏感;国有全资相对人案件数量较少,案均值最高,对行政处罚不敏感。传染病违法案件逐年上升,已成为目前最主要的处罚案件来源,公共场所无证经营问题已经超过非法行医成为最主要的无证问题。结论河南省卫生行政处罚取得了明显效果,但是监督监测手段亟待增强,传染病违法问题和公共场所无证经营问题应当引起高度重视,案均值有待进一步提高。立法者和执法者应当着力于让相对人承担的行政责任与其违法收益相匹配,提高相对人的违法成本,切实增强相对人承担行政责任时的心痛效应,以便达到教育警示作用。

Objective To analyze the overall situation and existing problems of the health administrative punishment in Henan Province from 2012 to 2017, and to provide basic data and theoretical basis for formulating health supervision policies and supervising law enforcement. Methods Data from the national health supervision information database were collected and data on all cases of administrative punishment in Henan Province in 2012-2017 were derived. A total of 64 305 data sets were established and statistical analysis was conducted. Results In this 6 years, Henan Province had implemented 64 305 health administrative punishment cases, issued 33 932 warnings, and revoked 40 hygienic licenses, licenses of medical institutions or medical subjects. The total fine is RMB 115 737 284.85, and the average fine is RMB 2 086.70 per case. In the past five years, the average value of the cases has risen year by year. The number of cases and the amount of fines have increased first and then decreased. The number of punishment cases in private administration was the most, however, the average value of the case was relatively low and it was more sensitive to administrative penalties. The number of punishment cases of wholly state-owned capital counterparts was relatively small, but the average case was the highest and it was not sensitive to administrative punishment. The number of illegal cases of communicable diseases has risen year by year. It has become the most important source of punishment cases at present. The issue of unlicensed operations in public places has surpassed illegal practice of medical as the most important issue. Conclusions The health administrative penalty in Henan Province has achieved obvious results, but the monitoring methods need to be strengthened urgently. The illegal problems of infectious diseases and unlicensed management in public places should be highly valued. The average value of the case needs further improvement. Legislators and law enforcers should focus on assuring that the administrative responsibility should match with its illegal income, raises its illegal cost, strengthen the heartache effect of the administrative responsibility of person subject to administration in order to achieve the warning function of education.