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]