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作为卫生行政执法人员,在办理卫生行政处罚案件过程中一定牵涉到自由裁量权的问题。下面,针对工作实际,并结合与同志的研究心得,谈一下当前卫生行政处罚中的自由裁量权使用的常见问题及对策。1自由裁量权的概念自由裁量权的大致涵义是合法合理地进行自由选择的权力。卫生行政处罚自由裁量权是指卫生行政部门实施行政处罚时,在法律、法规和规章规定的范围内,综合考虑违法情节、违法后果等因素,合理
As a health administrative law enforcement officer, it must be involved in the issue of discretion in the process of handling health administrative punishment cases. The following, in view of the actual work, combined with the comrade’s research experience, talk about the current health administrative punishment in the use of the common problems and countermeasures. 1 The Concept of Discretion The general meaning of discretion is to legally and reasonably freely choose the power. Health Administrative Penalty Discretion refers to the implementation of administrative sanctions by administrative departments of health, within the limits stipulated by laws, regulations and rules, taking into account factors such as illegal circumstances and the consequences of illegal activities, and is reasonable