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打击非法行医行为是卫生行政部门的重要工作内容,在日常监督执法中发现非法行医行为,以无证行医行为占绝大部分,但对相同的违法行为进行卫生行政处罚时各地卫生行政部门依据的法律法规却并不相同,处罚力度和罚款金额相差较大。本文针对卫生行政执法中查实的常见无证行医行为,结合《中华人民共和国执业医师法》、《医疗机构管理条例》以及卫生部相关解释和批复,对在行政处罚中法律适用性进行探讨。
The fight against illegal medical practice is an important part of the work of the health administrative department. During the routine supervision and law enforcement, illegal medical practice was found and most of them were unlicensed practitioners. However, the administrative departments for health under the same illegal act were based on Laws and regulations are not the same, the penalties and fines vary greatly. This article aims at the common practice of undocumented practice verified in the administrative law enforcement of health, and discusses the applicability of law in the administrative punishment according to the Law of the People’s Republic of China on Practicing Doctors, the Regulations on the Administration of Medical Institutions and the interpretation and approval of the Ministry of Health.