对行政处罚事先告知程序的几点探讨

Discussion on the procedure of informing administrative penalty in advance

针对当地一起卫生行政处罚案件的“撤案”,就行政处罚事先告知当事人权利的方式展开分析讨论。认为行政机关实施行政处罚应当保障当事人的权利,兼顾提高行政效率。在告知当事人依法享有的权利时,建议采用合法合理的形式对听证权和陈述申辩权一并告知。

Due to the"dismissal"of a local health administrative punishment case,the author conducted an analysis and discussion on the way to inform the parties of the rights of the administrative punishment in advance.It is believed that administrative organs should protect the rights of the parties and give consideration to improving administrative efficiency when imposing administrative punishment.When informing the parties of the rights they enjoy according to law,it is suggested to inform the parties of the right to hearing and the right to representation together in a lawful and reasonable form.