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2012年,Z市质监局行政监管人员在日常检查中发现,J公司在未取得实验室计量认证的情况下,擅自开展尾气检测工作,并出具检测报告,群众依此报告向当地环保部门申领了机动车环保标志。监管人员及时将J公司涉嫌无证开展检测业务的违法行为移交至稽查部门处理。本案虽然违法事实清楚,但在法律适用上,执法人员却有着较大的争议。为办好此案,笔者对有关涉及实验室的法律法规进行了收集整理,对此案的法律适用有一些个人思考。
In 2012, the Z Municipal Bureau of Quality Supervision, administrative supervision officers found in routine checks, J company without obtaining laboratory measurement certification, the unauthorized detection of exhaust gas and issued a test report, the public report to the local environmental protection department accordingly Received a motor vehicle environmental protection logo. Supervisors promptly transferred the illegal activities of J Company in conducting the testing business without a license to the inspection department for handling. Although the facts of this case are illegally clear, there is much controversy over the application of law by law enforcement officials. In order to do a good job of this case, the author has collected and sorted out the relevant laws and regulations concerning the laboratory. There are some personal reflections on the legal application of this case.