浅析超范围从事动物诊疗活动违法所得的认定
Analysis on the Identification of Illegal Gains from Engaging in Animal Medical Treatment Activities Outside of Approved Scope
朱冰洁 1彭浩珉 1尹华龙 1李一喧 1石兰 1袁孟伟1
作者信息
- 1. 成都市农业综合行政执法总队,四川成都 610041
- 折叠
摘要
近年来,动物诊疗机构超范围从事动物颅腔、胸腔和腹腔手术等违法行为在动物诊疗领域时有发生.在执法办案实践中,对此类案件违法所得的认定存在两种观点,观点一是认为与手术相关的所有诊疗费用都属于违法所得,观点二是认为只有手术"开刀"的费用才是违法所得,而术前、术后的诊疗费用属于合法收入.本文结合具体的动物诊疗案例,对此类违法所得的认定进行了分析、探讨,明确了动物诊疗违法所得是指手术全过程的诊疗费用.本文为执法机关在办理超范围从事动物诊疗活动类案件时如何准确认定违法所得,正确实施行政处罚提供了参考.
Abstract
In recent years,there have been occasional cases of animal clinics engaging in cranial,thoracic and abdominal surgeries in excess of the approved scope.The illegal gains from such cases were identified based on the following two opinions in practice of law enforcement:one was that all the charges related to the surgery should be included,and the other considered that only the cost of"operation"should be counted,the medical treatment expenses before and after surgery should be identified as legal income.Here,the identification of such illegal gains was analyzed and discussed based on a specific case of animal medical treatment,illegal gains were defined as all the medical expenses collected during the whole surgical process.A reference was provided for law enforcement authorities on how to accurately identify illegal gains and correctly implement administrative penalties when they responded to such cases of animal medical activities outside of approved scope.
关键词
超范围/动物诊疗/违法所得认定/观点分析Key words
outside of scope/animal medical treatment/identification of illegal gains/analysis on opinions引用本文复制引用
出版年
2024
国家科技期刊平台
NSTL
万方数据