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1 案情简介山东某家电市场位于济南市历城区一有围护结构的楼房内一楼,其营业面积在1000m~2以上,由济南市某开发公司与某工商局联办,出租给个体或家电公司经营各种家用电器.自1997年元月开始营业,同年3月济南市历城区卫生监督机构(以下简称区卫生监督机构)到该市场进行日常卫生监督,没有找到负责人.同年7月区卫生监督机构会同市卫生监督机构又到该市场,与市场负责人进行交涉,说明如不办理卫生许可证,将依据有关规定予以处罚,作了现场笔录并告知办理卫生许可证条件.但该市场拒绝办理一切手续.为此,区卫生监督机构根据《公共场所卫生管理条例》第十四条和《公共场所卫生管理条例实施细则》第二十三条的有关规定,罚款1000元(未取得“卫生许可证”擅自营业罚款800元,从业人员未获得“健康合格证”为顾客服务罚款200元).卫生行政处罚决定书送达后,该市场以自己不属“商场”为由提起诉讼.人民法院在审理过程中发现,区卫生监督机构在下达处罚决定书之前,没有按照《中华人民共和国行政处罚法》的规定,
1 Case brief introduction A home appliance market in Shandong is located on the first floor of a building with an enveloping structure in Licheng District, Jinan City. Its business area is more than 1000m2. It is jointly owned by a development company in Jinan City and an industry and commerce bureau and leased to individuals or household appliances. The company operates a variety of household appliances. It has been operating since January 1997. In March of the same year, the health supervision agency of the Licheng District of Jinan City (hereafter referred to as the district health supervision agency) went to the market for daily health supervision. No responsible person was found. The health supervision agency, together with the municipal health supervision agency, went to the market again to negotiate with the person in charge of the market, stating that if it does not apply for a health license, it will be punished in accordance with relevant regulations, and a written record will be made on site and the conditions for the health permit will be notified. However, the market Refused to go through all formalities. For this purpose, the district health supervision agency fined 1,000 yuan according to the provisions of Article 14 of the “Public Places Hygiene Management Regulations” and Article 23 of the Implementation Regulations of the “Public Places Hygiene Management Regulations” (without obtaining “ The sanitation license had an unauthorized business penalty of 800 yuan, and the employees did not receive a “health certificate” to fine the customer for 200 yuan.) After that, the market instituted a lawsuit on the ground that it was not a “shopping house.” The people’s court found during the trial that the district health supervision agency did not comply with the “Law of the People’s Republic of China on Administrative Punishments” before issuing a decision on punishment.