The strength of hygienic administrative penalty in Hunan avoids the judging amount of freedom
The strength of hygienic administrative penalty in Hunan avoids the judging amount of freedom
It is reported ' Reporter Yan QiuYu) To violating behaviors such as hygiene laws and regulations, rule,etc., within the range of legal administrative penalty authority, whether which kind of administrative penalty is for administrative penalty, paid and which kind of administrative penalty of range is paid, need thinning regulation. <
>Issue recently, in order to restrain the law enforcement behavior of the first line enforcer, guarantee " a judging amount freely " . "For example is it or not that the doctor practises medicine to run the medical organization and practise medicine without authorization without approval, according to the 39th regulation that " operation medicine is imitated ", are banned by the health authorities of people's government above county level, confiscate its unlawful gains, medicines, apparatus, and impose a fine less than 100,000 yuan. How much is fined specifically, the enforcer's punishment standards will be inconsistent, the degree of freedom punished is very high. " The Hunan Province relevant person in charge of department of public health explains, " basis " is considered from respects such as the fact, plot, property, social danger,etc. synthetically, decompose and thinning the laws and regulations, punishment range that the rule stipulates rationally, and according to delimiting in order to generally break the law, break the law more again and break the law from light to the heavy standard, guarantee the judging amount is legitimate, fair and just and crossing and fining about equally. " basis ", according to the criteria for classification of the management function of administrative organ of the hygiene, it is prevented and cured, supervised that divided into infectious disease, happen suddenly public the intersection of health event and supervise, occupational health surveillance, the intersection of mother and baby and health care and the intersection of birth control and the intersection of technological service and supervise, the intersection of medical care and the intersection of supervising, patriotic sanitary control,etc. and chapter 6, divided into 30 according to the criterias for classification of laws and regulations and rule, according to should save, involve 5 law, 10 administrative statute and 68 pieces of hygiene in the 15 rules punish the project actually, it is resolved into 261 judging amount standards freely that quantization divides one that it is thinning finally.
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