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1 卫生监督取证工作中的不利因素及存在的问题 与其它监督执法部门相比,由于卫生法律法规颁布实施相对较晚,多数卫生监督人员由行政管理人员及专业技术人员过渡而来,法律知识相对欠缺,监督执法经验相对不足,取证手段落后,缺乏必要的强制措施及社会影响力较少等因素,给卫生监督取证工作带来了一定难度,使取证存在不少问题,主要表现为:1.1 不注意取证 卫生监督工作按行政管理思维模式进行,表现为重说教轻证据。1.2 证据偏少 不少卫生行政处罚或诉讼案件其主要证据仅是一份《现场卫生监督笔录》,存在“一份文书定输赢”现象。1.3 证据不全 仅证明被监督单位有违法事实但缺乏对其严重程度、时间、数量、违法收入等的证据。
1 The unfavorable factors and existing problems in the health inspection and evidence collection work Compared with other supervision and law enforcement departments, due to the late issuance of health laws and regulations, most health supervision personnel have come from the transition of administrative management personnel and professional and technical personnel. Legal knowledge is relatively Lack of supervision, relatively inadequate supervision and enforcement experience, lack of evidence collection methods, lack of necessary coercive measures, and low social influence have brought difficulties to the work of forensic evidence collection, which has caused many problems in obtaining evidence, mainly as follows: 1.1 No Note that forensic health supervision is carried out according to the administrative thinking model, which is reflected in the emphasis on evidence. 1.2 Insufficient evidence Many of the major evidences of health administrative punishments or lawsuits are only one “Spot Record of On-Site Health Supervision” and there is a phenomenon that “a document will win or lose”. 1.3 Insufficient evidence It is only proof that the supervised unit has illegal facts but lacks evidence of its severity, time, quantity, illegal income, etc.