Analvsis On The Case Of A Private Hospital Refusing To Accept The Health Administrative Punishment

Health administrative punishment is the formal negative evaluation and sanction of the state on the illegal behaviors in the health field.Its implementation in accordance with the law is related to the health of the people,the public health and safety of the whole society,as well as the protection of the legitimate rights and interests of the commercial subjects in the health field,which has attracted much attention.The basic principle of health administrative punishment should be fairness and justice.The realization of case justice is a higher requirement for health administrative punishment,related to adhering to the basic principles of modern rule of law,related to the people's sense of fairness and justice in the case,and is the only way to promote the modernization of national governance system and governance capacity in the field of health.This paper starts with examining a private hospital's case of refusing to accept the health administrative punishment,with reference to the judicial judgment results of similar cases,from the perspective of legality review,analyzes the controversial focus issues such as the determination of illegality,the determination of illegal income,and how to apply"other" clauses,and points out that the health administrative interpretation has legal effect,but it should be applied in the specific implementation of health administrative punishment To make a judgment on the legality of health administrative interpretation,the application of health administrative interpretation must conform to the legislative purpose of the authorization law,not only pay attention to the literal meaning of health administrative interpretation,regardless of the appropriateness of the individual case of the result of administrative punishment;the illegal income should be determined comprehensively according to the nature,circumstances and social harmfulness of the illegal act,rather than the mechanical application of health administrative interpretation It is the legal duty of health administrative law enforcers to apply"other" clauses in accordance with the law.However,in the application of "other" clauses,we should abide by the rules of homogeneous interpretation and the rule that the basic law is superior to the supplementary law.This case focuses on the dilemma of case justice faced by China's health administrative punishment,such as mechanical dependence on administrative interpretation,non consideration of rationality in the determination of illegal income,and avoidance of application of "other" clauses.Starting from this case,this paper points out that the production and operation activities in the field of health are directly related to human health and life safety,and the State implements strict management;some illegal activities in the field of health will lead to civil and criminal liabilities;the legal norms in the field of health are complex,and the illegal behaviors are complex,so the responsibility of health administrative punishment in the realization of case justice is more important,so we must be careful?Based on the analysis of the reasons for the dilemma of case justice in health administrative punishment,the author puts forward some suggestions,such as speeding up the interpretation process of health legal system,establishing the interpretation mechanism of escaping health administrative p unishment,implementing the rational health administrative punishment document,and realizing the effective connection between health administrative punishment and judicial examination.