HIV Replication 3D Medical Animation
Details of a case:
Bureau of inspect of A city medicine discovers in be superintended daily, b Acousticon management company already was obtained " license of management business of medical devices " , this company is matching Acousticon course for customer check in, use audition detector detects freely for the client audition, but the audition detector that its use did not obtain product of medical devices to register certificate.
Difference:
This case details of a case is very simple, but the act that uses the audition detector that registers certificate without product of medical devices to B company ought to manage like where, bureau of inspect of A city medicine executes the law personnel produced bigger difference.
The first kind of opinion thinks, this case should be not had with managing to B company undertake condemnatory for the medical devices that registers card, although B company already was obtained,manage Acousticon " medical devices manages business license " , but B company is used in manage without the detector of audition of medical devices that registers card, its use the end that does not have the detector of audition of medical devices that registers card is to be management Acousticon to provide a service, reason uses the behavior that does not have the detector of audition of medical devices that registers card to also belong to its to manage the compositive part of behavior, reason can be pressed to B company manage without undertake condemnatory for the medical devices that registers card.
The 2nd kind of opinion thinks, although have certain harm sex,B company uses the act that does not have the audition detector that registers card, but use behavior is not equal at managing action, plan of law of superintendency law of active medical devices is used to medical establishment only have corresponding punishing without the medical devices that registers card criterion, opposite to administration person answers according to " the law is not had prohibit can be " principle, b company does not belong to medical establishment, reason B company uses the behavior that does not have the audition detector that registers card not to break the law, ought not to give punishment.
The 3rd kind of opinion thinks, b company uses the act that does not have the audition instrument that registers card, ought to according to " medical devices monitors regulation " the 42nd regulation, do not have in order to use give to B company for the medical devices that registers card punishment. The 42nd legislative original idea is the act that blow uses illegal medical devices, its violate main body to cannot be confined to medical establishment.
Relevant code article:
" medical devices monitors regulation " the 42nd regulation: Violate this byelaw regulation, medical establishment is used register certificate without the product, prove without qualification, expire, of the invalidation, medical devices that fall into disuse, or from without " license of company of production of medical devices " " medical devices manages business license " the enterprise purchases medical devices, by medicines and chemical reagents of government of people of prefectural class above supervisory management department is instructed correct, give a warning, confiscate break the law use product and illegal earning, illegal earning of 5000 yuan of above, be in confiscate illegal place 2 times above 5 times the following amerce; Perhaps violate earning to be not worth 5000 yuan without illegal earning, be in 5000 yuan of above 20 thousand yuan of the following amerce; Give disciplinary treatment lawfully to be in charge of personnel and other responsibility personnel; Make crime, investigate criminal duty lawfully.
Review analyse:
Although the first kind of opinion has stated reason, but still appear more far-fetched. B company is used without the audition detector that registers card, its purpose is to begin the management of Acousticon better, the client that check will come to to match before giving provides convenient service, but the product that B company manages directly is not audition detector. If maintain B company to form,run the word that does not have the audition detector that registers card, the action that holds B company to use audition detector namely attributes management action, so although B company is used have the audition detector that registers card, also must apply for audition detector " medical devices manages business license " , otherwise B company also is formed manage audition detector without card.
The 2nd kind of opinion thinks, " medical devices monitors regulation " 42 main body restriction that will violate use medical devices are medical establishment, reason can is opposite only medical establishment is applicable afore-mentioned laws undertake condemnatory. And in this case, b company is medical devices manages an enterprise not to belong to medical establishment, reason is used to B company ought not to undertake condemnatory without the audition detector that registers card.
But apparent, face social community to use without the medical devices that registers card, no matter use the main body of behavior to whether be medical establishment, all can bring serious safe hidden danger to using a target. Execute the law in medical inspect in practice, state case besides this case place outside, without medical establishment hold the similar case such as illegal medical devices is used to often also have when the beauty parlour of licence of course of study gives a client hairdressing happen, if will " medical devices monitors regulation " 42 applicable main body is strict medical establishment of bureau be confined to, go against protective society community to use instrument security on one hand, on one hand also because of the word is being used when legislation not rigorous and in administration punishment is brought about in executing the law not quits, if medical establishment uses illegal medical devices,can punish only, be not medical establishment to use illegal medical devices not to grant to punish, the law of equality of the everybody before also having illegal law side apparently is basic principle.
Compare and character, the 3rd kind of opinion has operation sex most in practice, but " medical devices monitors regulation " 42 since limitted illegal principal part clearly,be medical establishment, how can we just go up from logic in legal principle level solve this problem?
Administration executes the law behavior must be examined by judicatory supervise, party refuses to obey to the specific administration action of the executive authority, can mention lawsuit of politics of start on a journey to people court, people court has the lawful sex to specific administration action checkup, trying eventually generally speaking is a court definitely action of specific to the executive authority administration examines a result of lawful sex finally. But with respect to this case case character, the author arrives without the search the relevant judicatory legal precedent that because use court of the resort after illegal medical devices is punished by medical inspect,is not medical establishment.
His Shan Zhishi, can attack jade. Although do not have direct the judicatory legal precedent about this case, but OK still from people court the court is sought to be opposite in legal precedent of other and relevant judicatory the oriented sex opinion of this kind of case, the 5th intermediate people of Chongqing city the court executes the law with respect to Chongqing city freeway administration the final judgment administration that the biggest team punishs one case to make because of administration adjudicates total fleet, inspect giving drug executes the law bring very good enlightenment.
The 5th intermediate people of Chongqing city court (2006) change 5 in row eventually word report of the 6th administration is textual and main content is as follows:
Freeway administration of appellant Chongqing city executes the law total fleet is the biggest the team punishs one case because of administration, refuse to obey court of people of division of 9 dragon slope (2006) the 39th administration adjudicates the 9 words at the beginning of travel, mention to this academy appeal. This academy comprises collegiate bench lawfully, heard this case, involve law because of this case applicable, this academy ruled on September 17, 2006 this case break down is tried, restore cognizance now, already tried terminative.
Court of first instance is found out via cognizance, the Sichuan that accuser drives at Zhang Zhibing was in storehouse of its finished product on November 3, 2005 highs eyebrow hill high mountain gets the better of content to shed development limited company plain L18869 date van lades cement 32.64 tons, cause this car to carry content to exceed check and ratify to hold mass (this car check and ratify holds mass 10 tons) . This car is hunted down by the accused on the freeway that become change. After the accused acknowledges this fact via investigation, inform a book to right of accuser service hearing of witnesses, accuser did not apply for hearing of witnesses inside time limit, the accused made administrative punishment to accuser with average order then, accuser refuses to obey, apply for to reconsider, the mechanism that reconsider kept former punishment decision, accuser refuses to obey, mention lawsuit of politics of start on a journey.
First trial court thinks, the accused basis " road freightage and regulation of field station government " the 71st " violate this regulation, goods station operator is restricted to exceeding, overweighted car deserves to carry, discharged gives a station, by road of prefectural class above carriage administration is instructed correct, be in 10 thousand yuan of above 30 thousand yuan of the following amerce " the regulation carries out punishment to accuser, must having relevant evidence to prove accuser is to accord with " road freightage and regulation of field station government " the 2nd the 4th " this regulation is said road carries a station () , it is to show with field establishment is rely on, offer for the society paid of the service have storage, custodial, deserve to carry, news service, assemble and unassemble, the integrated goods station of the function such as tally () , the management place such as center of terminal of less-than-truck load terminal, container, content shedding " freight operator of the regulation, but the evidence of the accused proved accuser is the another car that pursues road carrying management unit to exceed check and ratify to be in in its storehouse only the fact that holds quality to undertake lading, providing prosecutor is " with field establishment is rely on, offer for the society paid the operator of the service " relevant evidence, accordingly, the administration that the accused makes punishs main evidence inadequacy. Freeway administration of city of Chongqing of the accused of cancel of reason court decision executes the law the heavy Gao Lu that the biggest team makes total group punishs a word (2005) the 03004th administration punishs a decision.
Freeway administration of appellant Chongqing city executes the law the biggest team tells total group say: 1, appellant is punished to the administration of appellee illegal behavior, evidence is sufficient. 2, the irregularity that what the administrative punishment that appellant place makes is aimed at is appellee deserves to carry behavior to make. 3, court of first instance is maintained, appellant cognizance accuser is " with field establishment is rely on, offer for the society paid the operator of the service " the reason with scant evidence cannot hold water. The administrative punishment fact that reason appellant makes is clear, evidence is sufficient, the process is legal, applicable law is correct, request original judgement of cancel of 2 careful court, the administration that maintains appellant to make punishs a decision.
Appellee Chongqing city is huge establish cement finite liability company was not offerred to this academy written rejoin.
The evidence that appellant provides to first trial court, basis has: 1, travel card, driver‘s license, invoice, plain the investigation of Zhang Zhibing of driver of L18869 date car and Zhou Jianwei of minister of accuser security personnel notes, 2, execute the law right of qualificatory card, hearing of witnesses informs book, punishment to decide book and service return card. 3, " road freightage and field station management set " .
Via examining, the evidential analysis that this academy thinks first trial court is offerred to appellee, maintain correct, this academy gives lawfully collect a letter. The fact that this academy holds and original judgement as good as.
This academy thinks, basis " road freightage and station field management set " the 2nd the 3rd section provision: "Road freightage stands () (goods station of the following abbreviation) , it is to show with field establishment is rely on, offer for the society paid of the service have storage, custodial, deserve to carry, news service, assemble and unassemble, the integrated goods station of the function such as tally () , the management place such as center of terminal of less-than-truck load terminal, container, content shedding " . Appellee Chongqing city is huge establish cement finite liability company is directly in the finished product storehouse inside its plant area be engaged in road carrying management car to deserve to hold cement, its property accords with the condition of the goods station that afore-mentioned clauses provide, ought to count goods station. Appellee Chongqing city is huge establish cement the operator that finite liability company is this goods station. Because appellee exceeds standard of quality of check and ratify badly to carry management car to deserve to hold cement for road, and produce traffic accident, appellant Chongqing city the freeway executes the law the biggest team is handling total fleet in process of this traffic accident, the unit that has deserving to hold cement via investigating discovery to exceed level of check and ratify badly for accident car is appellee Chongqing city gigantic establish cement finite liability company, for this, appellant thinks the behavior of appellee was disobeyed " road freightage and regulation of station field government " the 42nd the 2nd " goods station operator ought to stand to going out car has safe examination, prevent overweighted car to perhaps give a station without the car of safe examination, assure safe production " regulation. And according to " road freightage and station field management set " the 71st the first section provision, the heavy Gao Lu that makes to appellee punishs a word (2005) decision of punishment of the 03004th administration is lawful, should grant to support. Cognizance fact of first trial court is clear, but thinking appellant did not offer appellee is with field establishment is rely on, offer for the society paid the relevant evidence of the operator of the service and the administrative punishment decision that adjudicates cancel appellant is made is undeserved, should grant to correct, a:appellant reason that appellant offers holds water. According to top people court about carrying out " procedural law of administration of People‘s Republic of China " the explanation of a certain number of problems is mixed the 70th times " procedural law of administration of People‘s Republic of China " fiftieth 4 (one) regulation, the court decision is as follows:
One, cancel court of people of division of 9 dragon slope (2006) the 9 words at the beginning of travel report of the 39th administration.
2, maintain Chongqing city freeway administration to execute the law the heavy Gao Lu that the biggest team makes total group punishs a word (2005) punishment of the 03004th administration decides a book.
Enlightenment:
Chongqing in the judicatory legal precedent of 5 quadrangle, " road freightage and regulation of station field government " also will violate main body demarcate the 71st times to be " goods station operator " , and only basis law literal understands, appellee Chongqing city is huge establish cement finite liability company is not " with field establishment is rely on, offer for the society paid the operator of the service " , but appellee Chongqing city is huge establish cement finite liability company is directly in the finished product storehouse inside its plant area be engaged in road carrying management car to deserve to hold cement, 5 quadrangle of Chongqing city maintain its property to accord with the condition of the goods station that afore-mentioned clauses provide, ought to count goods station, maintained Chongqing city freeway administration to execute the law thereby the punishment of the biggest team decides total fleet.
Because involve law applicable, the author believes Chongqing it is very careful that 5 quadrangle make afore-mentioned court decisions. The final judgment court decision of afore-mentioned cases also gives us with very big enlightenment, bureau of inspect of medicine of concerned A city is OK to B company applicable " medical devices monitors regulation " the 42nd controversy also be readily solved, although company of the B in the case fastens medical devices to manage an enterprise to did not obtain medical establishment hold licence of course of study, but in management activity use audition detector detects to the client audition, bureau of inspect of A city medicine is being used to its when undertaking without the audition detector that registers card administration is punished, answer to regard B company as medical establishment.
But whether did such processing disobey administration opposite person " is the law had prohibit you can be " principle? The author thinks to be not disobeyed. This case is right above all whether is party belonged to " medical devices monitors regulation " the 42nd illegal main body undertakes limitting, because the illegal action of party faces social community to carry out, so illative B company regards medical establishment as. If party is opposite only from already the individual uses the medical devices that do not have card, cannot punish of course.
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