Study On The Application Status Of Health Standard In The Field Of Health Law Enforcement

As the important basis of health administration, health standardplays an important role in the public health administrative lawenforcement. Compared with the other administrative law enforcement,health administration puts more emphasis on the technology. Healthadministration always uses the certain data which is based on thescientific and technical test to determine the legitimacy of lawenforcement objects, during which the professional technical standardsare treated as the criterion.This article mainly focuses on the health standard. It will observeand analyze the health standards’ legal localization and legal nature fromthe perspective of administrative law. According to the recent years’ dataof Jiading District, Shanghai, this article will analyze the applicationsituation, the practical effects and the typical cases, which highlights the health standards’ encountering in the process of law enforcementdilemma. Health standards reflects the social’s health and safe will,providing guidance to the public behavior, holding the legal characteristicwhich is different from the general sense of the law. With the strongexpansion of administrative departments, something once belonging tomultiple social issues of common interest are also be included in theadministrative management, causing the conflicts. First of all, I willreview and summarize the legal basis about the application of healthstandards in health administration field, from the standardization law,health law and health administration responsibilities. Secondly, this partwill mainly discuss the judgment of the legal nature and essence about thehealth standard. The third part will begin with the statistics of theadministrative punishment, licensing, supervision and inspection work.Analyzing the data of the administrative punishments, licensing,supervision and monitoring work will help us to get the general view ofthe health standards’ application status. In addition, according to thesurvey—the health supervision agency’s application of health standardswhich was carried out in some areas a few years ago, the healthsupervision staffs’ total application ability is not very good.Thediscussion will also be developed about it. The forth part will try todiscuss the reasons about the difficulties in health administration from thehealth standards’ setting system, the health laws and regulations, the execution to the conflicts between the different standards, also providingwith the typical cases. Finally, analyzing the internal social attributeswithin the health standards will lead to the social autonomy theory, givingthe suggestion from the aspects about the pluralistic society participationin the standard setting system, consultation and paying attention to verifythe effectiveness of the standard.