浅谈卫生行政处罚的现状及规范——以徐州市卫生行政处罚案件为例

Brief discussion of characteristics and norms of health administrative penalty——Taking Xuzhou′s health administrative penalty as examples

卫生行政处罚既是对卫生领域违法行为的制裁,也是对公共秩序的修复与重构。通过对徐州市本级2016-2017年卫生行政处罚案件分析,认为当前卫生行政处罚存在案件办理的案由较为单一、执法监督行为存在盲区、部门协作机制不够完善、违法行为纠正机制没有建立等问题,亟需及时完善卫生法律,提高执法能力,规范执法权力运行,严格落实执法制度,加大对卫生健康领域违法行为的执法监督力度,从而确保卫生行政处罚设置目的顺利实现。

Health administrative penalty is not only a sanction for illegal activities in the health field, but also a repair and reconstruction of public order. Through analyzing Xuzhou s health administrative penalty cases from 2016 to 2017, the authors deemed that the causes of health administrative penalty cases were relatively simple, the law enforcement supervision couldn't cover all illegal issues concerned with the health field? the cooperation mechanism was not perfect, and the illegal behavior correction mechanism was not established. It is necessary to perfect health laws and improve law enforcement capabilities, and it is urgent to standardize the operation of law enforcement powers, strictly implement law enforcement systems* and intensify law enforcement supervision of violations in the health fields. Only when all the issues mentioned above are solved can we ensure the smooth implementation of health administrative penalty.