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1997年12月,浙江省台州市发生了一起土产粮油经营部(下称经营部)经销有酸臭味的味精一案,当事人—经营部在台州市卫生局进行行政处罚告知时,先是要求举行听证,在卫生行政部门作出行政处罚决定后,又提起行政复议和行政诉讼。作为《食品卫生法》实施后浙江省经济处罚额度最高的卫生监督案件,经过了行政处罚、听证、行政复议、二审行政诉讼,最后这起历经一年有余的食品卫生案件以卫生行政部门的胜诉而告终。由于本案涉及行政处罚证据的合法性(即卫生检测报告的合法问题)、适用法律是否准确及是否符合法定程序等争议,为此笔者从诉讼代理人的角度拟对这些问题作一探讨。
In December 1997, a case of smelly MSG was distributed in Taizhou City, Zhejiang Province. When the parties concerned - the operation department informed of the administrative punishment in Taizhou Municipal Health Bureau, they first requested to hold Hearing, after the administrative department of health made the decision on administrative punishment, it also filed an administrative review and administrative litigation. After the implementation of “Food Sanitation Law”, Zhejiang Province has the highest level of economic penalties in health supervision cases, after administrative penalties, hearings, administrative reconsideration, administrative litigation in the second instance, the last case of food hygiene in excess of one year to win the health administrative department And ended. As this case involves the legitimacy of administrative punishment evidence (that is, the health inspection report of the legal issues), the applicable law is accurate and whether the statutory procedures and other disputes, for which the author from the litigation perspective to discuss these issues.