本市医疗机构传染病防治行政处罚现状调查及分析-法律专业论文.docxVIP

PAGE PAGE 3 INVESTIGATION AND ANALYSIS ON ADMINISTRATIVE PENALTY ON PREVENTION AND TREATMENT OF THE INFECTIOUS DISEASE OVER MEDICAL INSTITUTIONS IN SHANGHAI ABSTRACT The SARS that broke out in 2003 made us realize that the previous Law on the Prevention and Treatment of Infectious Disease (hereinafter referred to as “the Law”) is not good enough in some aspects. Therefore, the tenth NPC Standing Committee modified the Law on August 28, 2004. It was from 2006 that the municipal health enforcement authority after being trained started conducting supervision and law enforcement over Shanghai medical institutions in accordance with the modified Law. From a practical point of view, the author tried to point out the problems in current administrative penalty on the prevention and treatment of the infectious disease over the medical institutions in Shanghai based on analysis of the characteristics of the revised Law as well as relative administrative penalty cases in past five years. Such problems include applying laws and regulations at discretion, low application frequency of the Law, little effect of the penalty as well as over-reliance on the social benefits obtained from campaign-style law enforcement. The author also tried to analyze the reasons regarding these problems from the aspects such as legislation, enforcement authorities, law enforcement environment and ect. In this article, the author proposed the idea of by means of improving the legislation, establishing the effective institutional law enforcement mechanism, making the law enforcing procedure stricter and conducting administrative penalty on the prevention and treatment of the infectious disease over the medical institutions based on information and inspection technology as well as multi-administrative management.The author tried to take an active part in regulating administrative penalty on the prevention and treatment of the infectious disease, protecting legitimate rights and benefits of the admini