" it is carried out that the high penalty is low " Is it a crime or fault

" it is carried out that the high penalty is low " Is it a crime or fault
Staff reporter Feng LiZhongAnhui Governor 3 supervisors in Feng County Health Inspection Institute became recently " The sinner " . Because they have drawn the severe ticket to the lawbreaker in attacking and practising medicine illegally, but because the other side is unable to pay fining, the decision for punishment is unable to carry out, can only reduce penalty number. For this reason, the local court sentenced them to make " crime of abusing one's power " ."While enforcing the law on the daily supervision to the persons who practise medicine illegally, we usually open tickets according to the upper limit of the legal provision, the purpose is to frighten and hinder the persons who practise medicine illegally through the way that it is fined that it is high. But when carrying out specifically, depend on that carries out the target's actual conditions, will reduce the number fined appropriately if necessary, the convenient case is carried out smoothly. " The comrade in Health Inspection Institute, Hefei says so.Then, this kind " whether high penalty low to carry out " Behavior crime is still for fault for woolen cloth? Recently, 3 defendants put forward appeal to the intermediate people's court of Hefei, require the court to judge they are innocent.What carry out in place is fewer than 1/4 while finingLong the intersection of Feng County and the intersection of the first instance judgement and book of people's court say long Feng County Health Inspection Institute preside over the intersection of Deputy Director and some hatred of work and the intersection of Deputy Director and some form, supervisor yellow some, attacking the behavior of practising medicine illegally, getting up, practising medicine illegally to 41 locality case draw yuan of tickets together from 2005 to 2007, but carry out only 223,300 yuan in place. Among them, 20 cases in 2005 and 2006 wind up the case after fining and putting partly in place; 21 cases in 2007 are transferred in the local court and applied to enforce.The court thinks, according to the regulation of " law of administrative penalty ", the administrative written decision for punishment sent to and produced legal effect promptly, can't change unless under certain procedure, it must accord with the due course of law too while winding up the case. Decision on administrative sanctions that 3 defendants default or not totally fulfil and already produce legal effect, not undergoing the due course of law, lighten the decision for punishment without authorization, wind up the case, it is the procedure that breaks the law. The court still thinks, the defendant's behavior causes the administrative penalty of 420,700 yuan of 2005, 2006 not to put in place. The 2007 one case last court to enforce although already,because "wind up the case there aren't working routine, have already exerted an influence on behavior and medical market of practising medicine illegally " ,So the responsibility that the administrative penalty of 383,000 yuan can't be put in place should be undertaken by the defendant.The court verdict is also said, because the administrative penalty can't be carried out in place, cause the persons who practise medicine illegally to still practise medicine illegally after paying and fining partly objectively, and the illegal practice of medicine takes place many times to cause patient's injuries and deaths incident, cause hidden danger and great loss to the people's health right and life security. In view of the above, the long people's court of Feng County sentences 3 people and commits the crime of abusing one's power, avoids criminal punishment." it is carried out that the high penalty is low " Used to the method3 defendants say while stating in the course of court trial of the second instance, in a situation that the penalty can't be totally put in place, it is habit methods since the establishment of Health Inspection Institute to wind up the case according to the actual conditions, it is through what has been supervised and discussed and got the permission of local health authority leader collectively, also operated according to Ministry of Public Health " national health inspection authority behaviour ", there is no legislative authority in the judgement of the court. Especially 21 cases in 2007 have already been transferred in the court and enforced, the court has already accepted, and then push responsibility to Health Inspection Institute is more unreasonable.The defendant's defender says, the penalty in administrative penalty of no legal provision carries out the losses belonging to the national wealth uncompletely, any penalty can't ignore one of the key elements among them - -Whether the people punished for have paid the question of ability. The court presumes under the prerequisite of supposing these people all pay the ability to fine, judgements made are not tenable.Our country " the the intersection of administrative penalty and law " to unable to carry out the administrative penalty in place, get 3 kinds of solutions out of, the legal term is " All right " ,Indicate it is the advocating that stipulates, but not exclusiveness stipulates, the not illegality that the supervisor adopts other methods and winds up the case. The defender emphasizes, cause the situation of personnel's injury as to the illegal practice of medicine which the locality appears at the same time, the putting to the proof of the court and cross-examination show, evidence does not prove that has the direct relation with party.
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