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行政处罚显失公正,目前国内没有司法解释,这对卫生行政执法带来诸多不便。笔者认为,卫生行政处罚显失公正是指卫生行政机关行使行政处罚权时,在法定自由栽量幅度内作出的不公正的具体行政行为及相对性。本文从卫生行政处罚显失公正的概念、法律特征、与滥用职权、超越职权的关系,如何判定处理等问题展开论述,并提出正确行使自由裁量权、遵循行政先例和加强社会监督的宏观预防对策。
The administrative punishment is obviously unfair and there is no judicial interpretation in our country at present, which brings a lot of inconveniences to the administrative law enforcement of health. The author believes that the manifestations of health administrative penalties are not fair when the health administrative organs exercise the right to administrative penalties, within the statutory freedom to plan the extent of the specific injustice of specific administrative acts and relativities. This article discusses the concept of obvious and unjust sanctions, the characteristics of law, the relationship with abuse of power and the transgression of authority, and how to determine and handle such problems. The paper also proposes the macroscopically preventive countermeasures of correctly exercising discretion, following administrative precedent and strengthening social supervision .