对医疗器械监督抽验不符合标准规定产品企业进行分类处罚的研究

      Research on Classifed Punishments on Manufacturers of Unconformity Products in Supervision and Sampling Inspection of Medical Devices

      • 摘要: 新修订的《医疗器械监督管理条例》引入了以风险治理为基础的分类管理思想,但在监督抽验中,对不符合标准规定产品企业的处罚却没有按检验项目的不合格严重性分级或者风险大小进行分类处罚。该文对目前不符合标准规定产品企业处置措施的弊端进行了剖析,分析了分类处罚的理论基础,研究了分类处罚的可行性,在现有法规下为处罚的自由裁量提供了一定依据。

         

        Abstract: Theories of classified management which are based on risk governance are introduced into the newly revised Regulation on the Supervision and Administration of Medical Devices, but the punishments on the manufacturers of unconformity products are not classified based on the severity and risks caused by the test items. This article analysed the disadvantages of current punishment measures on the manufacturers of unconformity products and the theoretical basis of classified punishments. The feasibility of classified punishments had also been studied and some basis of discretionary punishments was provided under the current regulations.

         

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