行政强制法

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一市监局超期扣押药材,被判违法
Nan Fang Du Shi Bao· 2025-08-19 07:00
Core Viewpoint - The case highlights the violation of administrative enforcement laws by the Xiangtan Market Supervision Administration, which led to the illegal prolonged detention of pharmaceutical products, ultimately resulting in a court ruling against the agency's actions [1][2][3] Group 1: Administrative Actions - The Xiangtan Market Supervision Administration conducted an inspection on a traditional Chinese medicine business and found it operating without necessary licenses, leading to the seizure of products [1] - The agency extended the detention of seized products beyond the legal timeframe, which was deemed a violation of the Administrative Enforcement Law [2] - The court ruled that the prolonged detention of the products posed risks to public health and safety, necessitating proper administrative handling of the situation [2] Group 2: Legal Proceedings - The first-instance court confirmed the illegal nature of the agency's actions and mandated remedial measures, which were upheld by the second-instance court [2] - The Supreme Court emphasized the need for strict enforcement of laws by courts to protect public health rights [2] Group 3: Resolution and Impact - The case resulted in a resolution where both parties reached a settlement, with the agency destroying some expired products and the business improving its compliance [3] - The local government allowed the traditional Chinese medicine business to participate in the development of a local herbal medicine industry park, indicating a collaborative outcome [3]
湘潭市场监管局扣押物品远超法定期限,被判违法并实施补救
Nan Fang Du Shi Bao· 2025-08-18 14:19
Core Viewpoint - The case highlights the violation of administrative enforcement laws by the Xiangtan Market Supervision Administration, which unlawfully extended the seizure period of certain medicinal products beyond the legal limit, leading to a court ruling that mandated remedial actions [1][2][3] Group 1: Administrative Actions - The Xiangtan Market Supervision Administration conducted inspections on a traditional Chinese medicine business and found it operating without necessary licenses, leading to the seizure of products [1] - The administration extended the seizure period of the confiscated products multiple times, ultimately exceeding the legal limit, which was deemed unlawful by the court [2] Group 2: Court Rulings - The first-instance court ruled that the prolonged seizure of the products violated the Administrative Enforcement Law, emphasizing the need for proper handling of seized items, especially those related to public health [2] - The second-instance court upheld the original ruling, reinforcing the legal responsibility of administrative bodies to act within the law [2] Group 3: Public Health and Safety - The Supreme Court underscored the importance of protecting public health and safety, stating that while the seizure was justified, the extended duration was not, thus necessitating remedial measures rather than immediate return of the products [3] - The resolution of the dispute led to a win-win situation, with the local government allowing the traditional Chinese medicine business to participate in a local industry park, indicating a collaborative approach to regulatory enforcement and business operations [3]