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《中华人民共和国行政诉讼法》于1990年10月1日起施行。它对于完善、发展和加强我国行政诉讼制度,保障公民、法人和其他组织的合法权益,监督和维护行政机关依法行政有着十分重要的意义。近年来我国卫生行政执法工作已不断完善和加强,目前已制订了《食品卫生法》等八个法律、法规,使卫生行政执法工作逐步做到有法可依。但由于卫生行政执法其行使的执法权是属行政权范畴,而行政权具有广泛性和强制性,如果卫生行政机关和其工作人员在行使职权时带有主观性、随意性就有可能侵犯公民、法人和其他组组的合法权益,会引起行政诉讼。现就行政诉讼中的有关卫生行政执法问题浅谈如下:
The Administrative Procedure Law of the People’s Republic of China came into force on October 1, 1990. It is of great significance to the improvement, development and strengthening of administrative litigation system in our country, safeguarding the legitimate rights and interests of citizens, legal persons and other organizations, and supervising and safeguarding the administration by law. In recent years, China’s health administrative law enforcement work has been continuously improved and strengthened. At present, eight laws and regulations such as the Food Sanitation Law have been drafted so that the law enforcement of health administration can be gradually implemented. However, due to the enforcement of health administrative law enforcement powers is the scope of the executive power, and the executive power of the extensive and mandatory, if the health administrative agencies and their staff in the exercise of subjectivity, arbitrariness may infringe upon citizens , Legal persons and other groups of legitimate rights and interests, will lead to administrative proceedings. Now on the administrative litigation in the health administrative law enforcement issues briefly as follows: