Status quo investigation on the use of summary procedure in sanitation administation punishment / 上海预防医学

ABSTRACT

[Objective ] To ascertain the current situation in application of summary procedure within the jurisdiction , and propose corresponding measures and suggestions for prevention of administrative reconsideration and administrative lawsuits resulting from improper use of summery procedure . [ Meth-ods] Retrospective examination was done of 63 administrative penalty cases by summary procedure in Xu-hui District in 2011 and 2012 .Some parties punished were visited , and at the same period were randomly selected the penalty cases from the same professional use and general procedure .Control analysis was done from six aspects such as punishment body identified , confirmation of illegal facts , fixation of evidence , ap-plication of legal provisions , legitimate punishment procedure , clerical production specification and others . [ Results] Problems were found to be existent in the six aspects of punishment body identified , confir-mation of illegal facts , fixation of evidence , application of law provisions , legitimate punishment proce-dures, and clerical production specification , etc.There is a certain gap with the general procedure punish-ment cases , which needs to be improved in future . [ Conclusion ] Administration by law awareness should be strengthened , training in this regard enhanced , management norms for summary procedure formu-lated , evidence system for summary procedure established and perfected , and inspection strengthened , so as to improve the quality of summary punishment cases .