Reason And Countermeasures Research For Health Administer Nonfeasance

Before promulgation of the Administrative Penalties Law in 1996, more than 90 kinds of penalties existed. Governments and governmental departments can place a case on file and perform penalty at will. They practice penalty decision and fine collection, and use the money fined as legal earnings to make welfare of their own. The subject of administrative penalty is not clear, the fine and payment are not separated from each other, and therefore, the administrative penalty is in a mess. Further the conflict between the people and government is serious and severe, which affect the image of the government. With the promulgation of the penalties law, the phenomena of willful penalty and fine are restrained to some extent. However, driven by profit, phenomena of administrative nonfeasance come into being instead, e.g. avoiding becoming the accused, looking without seeing the illegal acts, thinking of the less trouble, the better, and sidestepping the law or responsibility, etc. (actually, it is the release of responsibility and function), which need to be thoroughly discussed and studied.Nonfeasance in health administration is a behavioral mode existed vs. feasance health administration. Since there is no clear provisions about it in the existing health laws and regulations, it is easy to be neglected or underrated. Nonfeasance in administration exists in many aspects, which not only encroaches the interests of citizen but also brings about serious adverse influence on society. So, deep study and investigation must be necessarily performed to gradually standardize such nonfeasance in legal form. To avoid nonfeasance in administration, administration by law will be of important theoretic sense and practical meaning. Theoretically, administration by law is the core to govern the country by law. In view of nonfeasance in administration, legislation for supervision over nonfeasance in administration should be improved, and the mechanism for supervision over nonfeasance in administration should be reinforced. Promoting level of law enforcement in health administration and improvement of the law enforcement conditions for...