A Cognitive Study On The Implementation Of Discretionary Power Of Administrative Punishment Of Medical And Health Supervisors In A Province

Objective:The aim of the present study is to summarize and analyze the current problems in enforcement of administrative discretionary power in health administrative punishments through the survey of the cognitive situation of medical and health supervisors in enforcing discretionary power in a province,and to propose suggestions on the control and regulation of the discretionary power for health administrative punishment,in order to protect the rational rights of administrative counterparts,to improve the fairness and efficiency of health administrative law enforcement,and further to elevate the credibility of the health administrative department.Methods:This study uses literature analysis,questionnaire collection and interviews.Using an electronic questionnaire collection to learn the cognition of the medical and health supervisors in enforcing discretionary power of administrative punishment in a province.Based on a large number available relevant literature on health supervision,jurisprudence and administrative law,the problems currently present in the enforcement of discretion in the field of health administrative punishment were analyzed.Self-designed questionnaires were employed to collect the information from the medical and health supervisors in a province on the following aspects: the basic information of the subjects,understanding of discretion,the cognition of discretion enforcement,and the cognition of discretionary benchmarks enforcement.The collected data was tabulated and analyzed with Microsoft Excel 2010 and IBM SPSS 22.0.Several interviews were conducted with the director of the Health Supervision Institute,the Chief of the Legal Department and the frontline medical and health supervisors who have been engaged in health supervision for many years respectively to identify the problems in their discretion enforcement,to collect the advice of the professionals and to learn the actual needs and expectations of the health law enforcement personnel to the rule of discretion.Results:1.Basic situations of the medical and health supervisors surveyed.The results of the survey show that 58.7% of the supervisors are male,most of the supervisors are above middle aged,the percentage of young supervisors is very low.Those holding Bachelor and above degrees accounts for only 4.7%,those with Law Degree only 9.5%.The overall working years of the team is long,with reasonable distribution of professional titles at each level.2.The medical and health supervisors surveyed understand the situation and ways of discretion.23.5% of the supervisors indicated that they have good understanding of discretion.The differences in the degree of understanding of discretion among supervisors with different major backgrounds,years of work,professional titles were statistically significant(p < 0.05).83% of supervisors knew discretion well through training and 95.5% have received discretion-related training.The number of supervisors who receive discretion-related training once a year is the highest,accounting for 39.8%,while the number of supervisors who receive training once a month is the lowest,only 5.8%.3.The use and cognition of the discretionary power of the investigated medical and health supervisors.80% of the subjects state that they have done the following in enforcing decisions: whether to implement the punishment decision,choose the modes of behavior and set up discretionary time limits.25% of the subjects think that the most difficult part of discretion enforcement is the degree of punishment and severity of the case.73.5% of supervisors believe that they should listen to the opinions of the parties when excecuting discretion,92.7 % of supervisors believe that stakeholders should evade when excecuting discretion,and 62.6% of supervisors indicate before making decisions of administrative penalties,necessary explanations and written records will be made;67.3% of the supervisors said that the discretionary power of the law enforcement officers is too large,which may lead to abuse of power for the purpose of seeking personal gains.56.7% of the supervisors believe that the improper use of discretion will affect their relationship with the supervised persons.The discretionary discrepancies caused by gender and academic backgrounds have statistical significance in(p<0.05),71.8% of supervisors will consider the nature of the institution when considering the discretionary amount of punishment,and only 12% of supervisors consider the degree of severity of the party's behavior.The supervisors who will consider that the discretionary amount of punishment is prone to power rent-seeking,the number of people who influence credibility and the number of people who think that it is easy to appear without considering the actual situation of the parties,and the situation that is inconsistent with the purpose of punishment is more than half;74% of the supervisors in discretion of the case would consider past work experience,and only 14.5% of supervisors indicated that they would consider an approximate legal interpretation.4.The medical and health supervisors surveyed have cognized the benchmark of the discretionary power of health administrative punishment.19% of supervisors expressed a good understanding of the benchmark of health administrative penalties,and 67.6% of supervisors believed that the introduction of discretionary benchmarks could suppress the abuse of discretion,41.3% of supervisors believe that the most obvious effect of the introduction of the benchmark for the discretion of health administrative punishment is the reduction of the arbitrariness of discretion,and 30.2% of the supervisors believe that the most probable problem with the introduction of the benchmark for the discretion of the health administrative penalty is that although the formal equality is realized,it may lead to substantial inequality;50% of the supervisors believed that the discretionary benchmark on which the penalty decision is based will be applied when the court makes decisions.Conclusions:1.There is much room for improvement of the cognition of medical and health supervisors in enforcing administrative discretionary discretion in this surveyed province.There are many concerns in their application of discretion,which directly affects the overall enforcement level of administrative law.2.The team structure of the medical and health supervisors in this surveyed province is not very rational.More attention should be paid to balancing the gender,education and discipline composition of the health law enforcement team,improving the environment and conditions for supervision and law enforcement,and recruiting professional talents.3.The training effect of discretionary education for health administrative punishment needs to be improved,and further strengthened and enhanced in terms of training personnel,frequency,content and styles.4.It is also of great importance to formulate scientific and reasonable discretionary benchmarks,to reduce the randomness and arbitrariness of supervisors in using the discretionary power of administrative punishment,and to reasonably lower the supervisors' mental pressure and responsibility burden.