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目的发现卫生行政处罚案卷中的问题,提出改进的方法。方法通过对河南省111份卫生行政处罚案卷逐一进行专家个人和集体评查,发现其存在的问题。结果 111份案卷主要问题分布:文书制作存在问题的占82.8%;事实认定存在问题的占80.1%;法律适用存在问题的占69.3%;主体资格存在问题的占67.5%;处罚程序存在问题的占67.5%;案卷整理存在问题的占55.8%;案件执行存在问题的占0.18%。结论指出今后需要从加强执法文书和案件制作培训、规范卫生行政执法行为、落实行政执法责任制3个方面,进一步强化案卷质量意识,提高行政处罚案卷质量。
Objective To find out the problems in the case of health administrative punishment and propose ways to improve it. Methods The 111 individual sanitation administrative sanctions files in Henan Province were individually inspected by individuals and collectively, and the problems were found. Results The distribution of the main problems in 111 cases was: 82.8% of the problems existed in the making of instruments; 80.1% of the problems existed in fact-finding; 69.3% of the problems in the application of law; 67.5% of the problems in subject qualification; 67.5% of the case files, 55.8% of the case files have problems, and 0.18% of the case execution problems. The conclusion points out that in the future, it is necessary to further strengthen the quality awareness of the case files and improve the quality of the administrative penalty files from three aspects: strengthening the training of law enforcement instruments and cases, standardizing the implementation of health administrative law enforcement and implementing the responsibility system of administrative law enforcement.