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行政执法文书作为表达具体行政行为的载体,在体现行政行为严肃性和执行性上至关重要。上海市食品药品监督管理局成立至今,在监管体制的调整下,目前的职权范围已涉及食品、药品、医疗器械、化妆品和保健食品多个领域,行政执法文书种类也随之日益繁多。自2008年以来,市局连续多年组织了全系统行政执法检查,分别对行政处罚、行政许可执法文书开展了检查,执法文书问题主要表现在:第一,食品药品执法文书不统一。随着2004年、2009年及2013年食品监管职能的3次调整,食品的执法文书一直与药品的执法文书不统一,行政处罚及许可都各自使用不同的执法文书。第二,行政许可部分对外文书不统一。例如,不同审批项目的受理决定书形式与内容不一致,影响了市局对外行政行为的严肃性。第三,执法文书统一编号问题。食药监系统涉及食品、化妆品、保健品、药品、医疗器械产品种类和技术完全不同的监管事项,各部门都强调了各自的专业特点。因此,执法文书种类繁多,至今尚未统一分类、编号。针对上述问题,各业务处室、分局都提出了是否能对行政执法文书的统一及标准化问题进行研究,从而规范市局行政执法行为,增加行政行为的严肃性。
Administrative law enforcement instruments, as a carrier of expressing specific administrative acts, are crucial in demonstrating the seriousness and enforceability of administrative acts. Since the establishment of Shanghai Food and Drug Administration, under the adjustment of regulatory system, the current terms of reference have covered many fields of food, medicine, medical equipment, cosmetics and health food products, and the types of administrative law enforcement instruments have also become increasingly numerous. Since 2008, the Municipal Bureau has organized system-wide inspections of administrative law enforcement for many years in a row, examining the administrative penalties and administrative licensing law enforcement instruments respectively. The problems of law enforcement instruments mainly include: First, the law enforcement instruments for food and drugs are not unified. With three adjustments to the food regulatory functions in 2004, 2009 and 2013, law enforcement instruments for food have always been inconsistent with drug law enforcement instruments, and administrative penalties and permits have each used different law enforcement instruments. Second, some of the administrative licenses are not unified with foreign documents. For example, the form and content of the decisions on acceptance of different examination and approval items are inconsistent, affecting the seriousness of the municipal administration’s foreign administrative actions. Third, the uniform numbering of law enforcement instruments. Food and Drug Administration System involves completely different regulatory matters of food, cosmetics, health products, medicines, medical device product categories and technologies, and each department emphasizes its own professional characteristics. Therefore, a wide range of law enforcement instruments, has yet to be uniform classification, numbering. In response to the above problems, all business offices and sub-bureaus have put forward whether to study the issue of the unification and standardization of administrative law enforcement instruments so as to standardize the administrative law enforcement actions of the municipal administrations and increase the seriousness of administrative acts.