药品监督管理机关依法行使药品监管职权,对其发现的违法行为予以行政处罚,这是保证人民用药安全有效的必要手段。面对药品行政处罚,当事人在履行法律义务的同时,也依法享有以下权利: 陈述权 当事人对药品监管机关认定的违法事实,有权从违法性质、情节等方面表明自己的观点和态度,以供药品监管机关在实施时参考。当当事人提出的事实、理由和证据成立时,药品监管机关应予采纳。 申辩权 当事人对药品监管机关认定的违法事实和实施处罚所适用的法律法规有权进行反驳和辩论。申辩权是当事人一项重要的权利,药品监管机关不得因当事人申辩而加重 The drug regulatory authority exercising the drug regulatory authority according to law and imposing administrative penalties on the found violations shall be the necessary means to ensure the safety and effectiveness of drug use by the people. In the face of drug administrative penalties, the parties, in addition to fulfilling their legal obligations, also enjoy the following rights according to law: The parties to the statements of rights have the right to show their views and attitudes from the aspects of the illegal nature and circumstances for the illegal facts found by the drug regulatory authorities for Drug regulatory authorities in the implementation of reference. When the parties put forward the facts, reasons and evidence established, the drug regulatory authorities should be adopted. The parties to the right of defense have the right to refute and debate the laws and regulations applicable to the illegal facts and penalties imposed by the drug regulatory authority. The right of defense is an important right of the parties, and the drug regulatory authority may not aggravate the matter due to the parties’ defense