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通知第三人参加卫生行政复议是卫生行政机关的权力而不是义务,卫生行政机关有权根据行政复议案件的具体情况决定是否需要通知第三人参加行政复议。认为卫生行政机关未通知第三人参加复议是违反法定程序的观点背离了立法意图。卫生行政机关通知第三人参加卫生行政复议的权力不能滥用。卫生行政复议第三人的资格范围宜与行政诉讼第三人的资格范围一致。
Notifying the third party to participate in the health administrative review is the power of the health administrative authority rather than the obligation. The health administrative authority has the right to decide whether to notify the third party to participate in the administrative review according to the specific circumstances of the administrative reconsideration case. It is against the legislative intention that the administrative organ of health should not inform the third party to participate in the review if it is against the statutory procedure. The power of the health administrative organ to notify the third party to participate in the health administrative reconsideration can not be abused. The scope of the qualification of the third party for administrative reconsideration of health should be consistent with that of the third party in administrative litigation.