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浅析超范围从事动物诊疗活动违法所得的认定OA

Analysis on the Identification of Illegal Gains from Engaging in Animal Medical Treatment Activities Outside of Approved Scope

中文摘要英文摘要

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.

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.

朱冰洁;彭浩珉;尹华龙;李一喧;石兰;袁孟伟

成都市农业综合行政执法总队,四川成都 610041

畜牧业

超范围动物诊疗违法所得认定观点分析

outside of scopeanimal medical treatmentidentification of illegal gainsanalysis on opinions

《中国动物检疫》 2024 (009)

59-61 / 3

10.3969/j.issn.1005-944X.2024.09.012

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