作者通过对一起经人民法院听证的医疗行政处罚案件进行分析,指出了我国医疗卫生法律法规尚存在立法瑕疵,卫生执法人员在调查取证中存在不足,应当改进。对法庭质证中提出的问题阐述了作者的观点,同时提出卫生行政部门要加强与法院的沟通,确保行政处罚强制执行到位。卫生行政部门应当象对待行政诉讼案件一样,做好充分的应诉准备。 Through analyzing the cases of medical administrative penalty heard by People’s Court, the author points out that there are still legislative flaws in laws and regulations of medical and health care in our country. Health law enforcement officers have some shortcomings in investigation and evidence collection and should be improved. The author points out the issues raised by the court in the cross-examination of the evidence, and at the same time proposes that the health administrative department should strengthen communication with the court and ensure that the administrative penalty is enforced. Health administrative departments should treat the administrative litigation cases as well and prepare for the full response.