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卫生行政自由裁量权是卫生行政权力的重要组成部分,是提高行政效率和弥补立法不足的有效手段。随着依法治国的推进和卫生监督体制改革的不断深入,卫生监督日渐成为卫生行政工作的重要组成部分。在日常卫生监督工作中,卫生行政自由裁量权得到广泛应用。但由于对这一权力的认识和运用还存在着许多不足,导致具体行政行为无效的法律后果时有发生。为保证卫生监督工作中自由裁量权的依法行使,加强对卫生行政自由裁量权的监控显得尤为重要,司法控制是最为有效的手段之一。
Health administrative discretion is an important part of health administrative power, which is an effective way to improve administrative efficiency and make up for the lack of legislation. With the promotion of governing the country according to law and the continuous reform of the health supervision system, health supervision has increasingly become an important part of health administration. In the daily health supervision work, the health administrative discretion has been widely used. However, due to the understanding and application of this power there are still many deficiencies, resulting in the invalid legal consequences of specific administrative acts occur from time to time. In order to ensure the exercise of discretion in health supervision, it is particularly important to strengthen the monitoring of the discretion of health administration. Judicial control is one of the most effective measures.