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正确适用法律法规及其相关条款是行政违法案件得以成功查处的前提条件,也是具体行政行为避免行政败诉的关键所在。笔者发现,近年来各地在查处无证行医案件中对同类违法行为所适用的定性依据和法律责任依据不尽相同,不但使人感到困惑,且发生了不少因法律适用不当而导致行政诉讼的败诉案件[1-4]。为此,笔者试图找出其中的一些问题及解决办法,希望对卫生执法人员查处无证行医案件有所帮助。
Proper application of laws, regulations and their related provisions is a prerequisite for the successful investigation and handling of cases of illegal administrative offenses, as well as the key to avoiding any administrative loses in specific administrative actions. In the recent years, the author found that the qualitative basis and the legal liability basis applied to similar kinds of illegal activities in different places in the investigation and handling of undocumented practice cases are not the same, which not only make people feel confused, but also have many cases of administrative litigation resulting from improper application of law Lost cases [1-4]. To this end, the author tries to find out some of the problems and solutions, hoping to help law enforcement officers investigate and deal with cases of undocumented practice.