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1999年3月29日,厦门市发生一起因食用河豚鱼加工的烤鱼片引起食物中毒一案,在卫生行政部门作出行政处罚决定后,当事人提起行政诉讼,一审败诉后又提出上诉。作为《食品卫生法》实施后厦门市首起二审食品卫生行政诉讼案,历经近一年最后以卫生行政部门胜诉而告终。由于本案涉及职能管辖、处罚主体、行政处罚事实依据等争议。为了总结经验,从案中得以教益,现将本案诉讼情况进行评析。
On 29 March 1999, a case of food poisoning caused by the roasted fillet processed with puffer fish took place in Xiamen City. After the administrative sanction decision was made by the health administrative department, the parties filed an administrative lawsuit and filed an appeal after losing the first instance. As the “Food Hygiene Law” Xiamen City, after the implementation of the first instance of the second instance of food hygiene administrative litigation, after nearly a year in the final health administration department ended. As the case involves functional jurisdiction, the main body of punishment, the basis of administrative penalty and other controversial. In order to sum up experience, to benefit from the case, now the case of litigation to comment.