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行政诉讼法的实施,对我们卫生管理依法行政提出了更高的要求。目前,我国卫生法还不完善,有些行为还无法可依,行政处罚的自由裁量幅度很大,程序方面的法律根据还有待于法规颁布。在卫生行政管理中,必然存在着大量的争议。又因卫生法学理论研究在卫生部门尚未深入开展,在司法实践和诉讼活动中缺乏理论指导,这在行政诉讼中很难适应。为了维护卫生法的尊严,适应行政诉讼法的实施,卫生部门应当尽快建立行政复议法律制度。
The implementation of the Administrative Procedure Law sets higher requirements for our health administration according to law. At present, the health law in our country is not yet perfect, and some of the behaviors can not be followed. The discretionary range of administrative punishment is very large. The legal basis of the procedure still needs to be promulgated by laws and regulations. In health administration, there must be a lot of controversy. Due to the fact that the research on the legal theory of health law has not been carried out thoroughly in the health department, it lacks theoretical guidance in the judicial practice and litigation. It is very difficult to adapt to the administrative lawsuit. In order to safeguard the dignity of health law and adapt to the implementation of the Administrative Procedure Law, the health department should establish a legal system for administrative reconsideration as soon as possible.