在卫生监督领域认定事实和适用法律是作出或者不作出行政处罚的核心问题。实践中存在复杂事数形态和竞合等情形,构成要件说及竞合理论有助于加以厘清。除此之外,还往往涉及“一事不再罚”原则的适用。 The identification of facts and applicable law in the area of ​​health surveillance is a core issue with or without administrative penalties. In practice, there are complex things such as the number of forms and competing cases, the constitutive elements and competing theory help to clarify. In addition, it often involves the application of the principle of “no more punishment”.