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随着《行政诉讼法》、《行政处罚法》、《国家赔偿法》和《行政复议法》的相继颁布实施,“民告官”的案件每年都在递增,这是社会主义民主法制不断完善的结果,是行政管理相对人法律意识增强的必然,所以作为卫生行政部门在行政管理过程中贯彻依法行政这一原则,提高执法水平,维护整体执法形象是我们亟待解决的问题。 行政处罚是要式行政执法行为。要使行政处罚具有确定力、拘束力、执行力,必然符合其法定的效力要件。作为被处罚对象应具有法定的权利能力和行为能力,才能依法承担一定的行政法律责任。所以行政处罚对象的资格确定,是不容忽视的。 依照《行政处罚法》第3条第1款规定“公民、法人或其他组
With the successive promulgation and implementation of the Administrative Procedure Law, the Administrative Punishment Law, the State Compensation Law and the Administrative Reconsideration Law, the number of cases of “people suing officials” has been increasing every year. This is a result of the continuous improvement of the socialist democracy and legal system The result is the inevitable increase of the legal awareness of the counterparts in the administration. Therefore, as the principle that the administrative department of public health implements the principle of administering the country according to law in the process of administrative management, improving the level of law enforcement and safeguarding the overall image of law enforcement is an issue that we urgently need to solve. Administrative punishment is to type administrative law enforcement. To make the administrative punishment with certainty, binding force and execution power, it must meet its legal requirements. As the object of punishment should have legal capacity and ability to act in order to assume certain administrative and legal responsibilities according to law. Therefore, the object of administrative punishment to determine the eligibility can not be ignored. According to Article 3, paragraph 1, of the Administrative Punishment Law, citizens, legal persons or other groups are required