卫生行政处罚之自由裁量权适用中的问题及其对策研究

Study on the Problems and Countermeasures in the Application of Discretion in Health Administrative Punishments

我国卫生行政处罚自由裁量权适用中存在标准不一、程序混乱以及违法裁量追责乏力等问题,应通过创新设计卫生行政处罚裁量基准制度、填补卫生行政处罚自由裁量程序漏洞、完善卫生行政处罚违法裁量责任追究体系等路径,实现卫生行政处罚自由裁量权的合理适用。

In China,there are some problems in the application of discretion in health administrative punish-ment,such as different standards,chaotic procedures and weak accountability of illegal discretion.The rational ap-plication of discretionary power of health administrative punishment should be realized through innovative design of the benchmark system of health administrative punishment discretion,filling the loopholes in the procedure of health administrative punishment discretion,and perfecting the responsibility investigation system of illegal discretion of health administrative punishment.