Study On Ji'Nan Municipal Public Health Administrative Punishment

RESEARCH BACKGROUNDThe promotion of the human's healthy and the life quality, and continuous prolong of lifespan has been the most important objects as the society being developing. This is mainly reflected through the development of the public health. How to administer, enforce according to law efficiently and ensure the peoples' health feasibly has been the hot keys of the society. Presently, there are lots of weak in the law enforcement system of the public health so that it cannot satisfy the acquirement of the administrative work. And its coverage is not wide, and its supervision on the food health and vocation health rather than the prevention control of the disease prevention, and the medical behavior. The Health Ministry has made deployment to ask the locals to deep the supervision system reform of the health enforcement, accelerate the promotion reform step, strengthen health administration enforcement power feasibly according to the function transformation, administrator by laws, comprehensive law enforcement, and the uniform of the power and responsibility. Our country has paid attention on the health enforcement system construction extraordinary, and has made overall planning to ensure the fee investing and essential forensics, transportation and communication instrument in the health enforcement supervision work to promote enforcement strengthen and standardize the enforcement behavior.RESERCHAIMSThrough analyzing the punishment cases of Ji'nan municipal public health administrative from 2008 to 2009, we have known about the illegal behavior of the public health and the administration by the law of the health administrative department to provide reference to the enforcement decision of the health administrative. Through analyzing the public health administrative punishment of our municipality in these years, the aim is to analysis the problems and reasons of the health illegality in this field, analysis the specific conditions of the case punishment, and find the risk links of the enterprises' illegalities, i. e. the emphasis and difficulties of the law enforcement works. Then we should investigate the experience and the factors of the health law enforcement to make policy and provide reference to establish health law enforcement supervision system of perfect institutions, clear duty, duty fulfillment, guarantee in position, code of conduct, powerful enforcement, and promote the capacity and level of health administration supervision, and present the countermeasure and suggestions to promote the fairness and efficiency of the health administration law enforcement.RESEARCH METHODSThe descriptive methods were adopted in the research. Research contents included as follows:(1) case enforcement situation, (2) enforcement style, (3) enforcement result, (4) punishment procedure, (5) enforcement duration of general procedure, (6) source of the case, (7) distribution of punishment type, (8) ownership distribution of penalizer, (9) distribution of punishment category, (10) analysis of each discipline situation (including cause of a case, violated provision, etc.), (11) situation on official dispatch making accordance with standard.Descriptive analysis was made on general case and special case of administrative punishment respectively.MAIN RESULTSThe case enforcement situation from 2008 to 2009 went along well, enforcement rates reached at 94.7% and 89.8% respectively. Enforcement style was mainly conscientious enforcement, conscientious enforcement rates reached at 82.8% and 84.3% separately. Enforcement result was mainly entire enforcement, entire enforcement rates reached at 90.8% and 96.2% respectively. Punishment procedure was relatively justified and exact, and mainly general procedure. General procedure enforcement duration was 39 days on average. And the application of simple program in 2009 is higher than 2008. Only two cases need to be rechecked in 2008 and the final result was the same as the original penal judgment. Case source was mainly from superintendence, which accounted for more than 80% in both 2008 and 2009 year. Discipline category of the violation case was mainly food; every other discipline was also involved, and the the object of penalty is mostly individual operator.60% of the penalties are fines. Superiority:good result was yielded during the enforcement, the quality of case files was high, the writing of documents was normative, and the storage of files was good. Evidence and procedure was the key links we paid attention to. The main unfavorable factors on public health law-enforcement were mainly from:laws involved, law-enforcement environments and law-enforcement officials'team.STRATEGIES AND SUGGESTIONSLaws and regulations involved should be improved as soon as possible, uniform and effective public health law enforcement system should be established. Promote the lth supervision system reform furtherly. The obstacles should be removed from the local government's benefit and various departments' profit. Quality of law-enforcement team should be promoted; present personnel systems should be improved. The governments at all levels need to guarantee the health supervisor funds sufficiently.