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自1983年7月1日实施《中华人民共和国食品卫生法(试行)》起至1991年底止,上海市各食品卫生监督机构共对食品生产经营企业依法处罚25617户次。在此期间共发生行政诉讼7起,占273/万。其中食品卫生监督机构胜诉的有5起,败诉1起,另有1起是败诉,后经变更行政处罚,原告仍不服再诉讼而胜诉。为了让同仁了解这些诉讼案例的情况,探讨依法行政的经验和教训,本文介绍并剖析其中6起案例,另1起没收河豚鱼案,因案情简单,故不作分析。
Since July 1, 1983, the People’s Republic of China Food Sanitation Law (Trial Implementation) has been in operation until the end of 1991, all food hygiene supervision agencies in Shanghai have totally punished 25,617 food production and operation enterprises according to law. During this period, a total of 7 administrative litigation occurred, accounting for 2.73 million. Among them, there were 5 cases in which the food hygiene supervision agencies won the lawsuit, 1 case was lost and another case was the case of losing lawsuit. After the change of the administrative punishment, the plaintiff still won the case against the lawsuit. In order to let colleagues know about these litigation cases and to explore the experience and lessons learned from the administration according to law, this article introduces and analyzes six cases and the other one confiscates puffer fish cases. Because of the simple case, it is not analyzed.