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目的:通过分析1998-2010年的154起卫生行政诉讼案例,了解卫生行政诉讼的现状及卫生监督执法存在的问题,为提高卫生监督质量提供依据和建议。方法:将154起卫生行政诉讼案例按照年份、卫生监督类别等分类分别填写个案调查表,并进行统计分析。结果:154起案例中,涉及医疗机构卫生监督案件54例(35.1%),卫生技术人员监督50例(32.5%),食品安全监督20例(13.0%);卫生监督部门败诉案件30例(19.5%),行政赔偿案例10例(6.5%)。结论:加强卫生监督人员的法律教育,提高卫生监督行为的专业能力,严格履行法定职责,树立良好服务意识,完善卫生监督稽查机制,可以减少卫生行政诉讼的发生。
OBJECTIVE: To analyze the status quo of health administrative litigation and health supervision and law enforcement from 154 cases of health administrative litigation from 1998 to 2010, and to provide the basis and suggestion for improving the quality of health supervision. Methods: The 154 cases of health administrative litigation cases were filled in according to the year, health supervision categories and other categories of case questionnaire, and statistical analysis. Results: Of the 154 cases, 54 cases (35.1%) were involved in the health supervision of medical institutions, 50 cases (32.5%) were supervised by health technicians, and 20 cases (13.0%) were supervised by food safety supervision departments. Thirty cases (19.5% %), Administrative compensation cases in 10 cases (6.5%). Conclusion: To strengthen the legal education of health supervisors, improve the professional ability of health supervision, strictly fulfill the statutory duties, establish a good sense of service and improve the health supervision and inspection mechanism can reduce the occurrence of health administrative litigation.