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The Discuss of the Pharmaceutical Supervisory and Administrative Penalty Discretion to Control

Author: LiXingHua
Tutor: ChengJian；CaoZiGang
School: Inner Mongolia University
Course: Legal
Keywords: drug discretion control
CLC: D922.16
Type: Master's thesis
Year: 2011
Downloads: 50
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Abstract

Administrative discretion is the core of executive power and a double edged sword.On the one hand, its use is modern administrative must be helpful for improving administrative efficiency and bring benefits to the administrative relative person; On the other hand it inappropriate to exercise and will do great harm to the administrative relative person’s legitimate rights and interests, or even influence corruption and security of China. The study of discretion has been one of the important issues in administrative law.Pharmaceutical supervisory and administrative departments (hereinafter referred to as the drug agency) as one of the important part of government, administrative discretion throughout its among various functions. In the system of administrative discretion about internal increasingly realize the importance of consistent, but lack of develop to the administrative law enforcement discretion comprehensively. The author as the drug agency’s legislative affairs office staff, realized profoundly discretion to perform their functions for the drug agency effective positive sense and discretion the improper use of malpractice, and combining the actual work itself for discretion forward their own views of the standard.This paper based on researching the theory of the drug administration, have a foothold in China, based on the status of the personal experience of the practical work and thinking about drug supervision an administration, the discretion of the concept, characteristics, content, value, the existence question and the reason, the control principle and measures, all efforts are fully discussed in which both in theory, the some of the breakthrough, such as the pharmaceutical supervisory and administrative discretion is defined, description, etc, and to summarize and innovation in the practice of the pharmaceutical supervisory and administrative, such as the discretion to the cause of analysis, and in view of the reasons of the proposed the corresponding control measures, both to the existing control measures, and the analysis and evaluation of strengthening the control countermeasures and Suggestions.Introducing rationality to strengthen administrative punishment principle of right of discretion, in the control countermeasures 1, discusses the benchmark, regard discretion to control discretion of the main rules means. In the system of automatic control, we will focus on the case the separation system, check the case explain the reason system, system, which explain the reasons for the precedent system and the system can prevent the principles of the precedent KongDongHua. In the foreign control of judicial review, the proposal is in introducing proportion principle, strengthen the right to administrative discretion review; In the National People’s Congress, through the law enforcement supervision inspection, inquiring, supervision cases to strengthen the control of discretion.

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