未取得“医疗机构执业许可证”擅自执业是无证行医主要的表现形式。无证行医查处多年来一直是各地卫生行政处罚的重要内容,而对此案由的行政处罚裁量标准尚未有一个统一标准。从“公正原则”出发,同等情况应当同等对待[1],对同等违法行为依据同样的裁量标准进行处罚应当是卫生行政部门需要研究的重要内容。我们对上海市2011—2013年未取得“医疗机构执业许可证”行政处罚数据进行统计分析,了解其裁量情况,为建立统一的案由裁量基准提 Obtained “Medical institutions license ” “unauthorized practice is the main manifestation of undocumented practice. The investigation of undocumented medical practice has been an important part of the sanitation administrative sanctions in various places for many years. However, there is not a uniform standard for the discretion of the administrative punishments for this case. Starting from ”fairness principle ", the same situation should be treated equally [1]. Punishment for the same illegal act based on the same discretionary standard should be an important part of the health administrative department that needs to be studied. We conducted a statistical analysis on the data of administrative penalties that were not obtained from Shanghai Medical Institution in 2011-2013 to find out the discretion of the administrative sanctions and establish a unified standard of reference