Application health card eight times of person who carries virus of hepatitis B is refused

Application health card eight times of person who carries virus of hepatitis B is refused
The news is followed the trail of The intersection of reporter and the intersection of civilization and Ruan Zhao take Governor of river Hunan the intersection of Shashi and the intersection of hepatitis B and the intersection of virus and little jade (assumed name) of carrying etc. 8 apply for the intersection of health and card to the intersection of Changsha and related departments, refuse, then so angry as to prosecute the intersection of Changsha and the intersection of city and relevant department. After first instance lose a lawsuit, small jade refuse to obey, put forward appeal to the intersection of Changsha and the intersection of city and intermediate people's court . The intermediate people's court of Changsha makes two and tries to this case recently: Appellee's Changsha Municipal Health Bureau " It was legal at that time not to issue the healthy behavior qualified to prove of food trade for the person who carries hepatitis B " . The small 24 -year-old jade of this year, one of one university of the west of the river in Changsha is pursuing the master degree of law. Will it be September 2009, small jade learn the intersection of food and safety law and implementing regulations that issue newly get rid of, obtain employment outside the taboo the intersection of hepatitis B and virus in the intersection of food and trade already from network. Then, she successively found disease in Changsha and accused of units such as the centre, Changsha Municipal Health Bureau,etc. 8 times, apply to issue the health certificate of food trade. But Ministry of Health surface by she hepatitis B in antigen positive from,refuse to it issues that health is qualified to prove her, provide the subsequent visit one notice at the same time, require her to go for subsequent visit. " why unable legitimate rights and interests of protecting the person who carries virus of hepatitis B that law that the country issue newly remains unchanged " Will it be October 19 2009, small the intersection of jade and one pleadings angry, on the grounds of administrative non-performance, Municipal Health Bureau inform go the intersection of Changsha and the intersection of city and the intersection of high mountain and district people's court in the hillfoot Changsha. Become the whole country from this the firstly to prosecute the case of the relevant department because the person who carries virus of hepatitis B can not handle the health card in this case. On January 20 this year, the hillfoot district people's court of high mountain adjudiacates this case in the first instance. The court thinks, according to the relevant regulation of Ministry of Public Health " management of preventative health examination " through trying, there are laws to abide by to apply for the health card and check hepatitis B. It is not in accordance with regulation to apply for the health card with little jade without going for subsequent visit, Changsha Municipal Health Bureau does not have fault not fulfilling the legal duty among them, then decide against plaintiff. Subsequently, small jade put forward appeal to the intersection of Changsha and the intersection of city and intermediate people's court, think, adjudiacate in the first instance, violate the intersection of food and regulation of safety law not merely, also violate basic medical general knowledge, demand to cancel and adjudiacate in the first instance. During second instance, a inspiring good news that hear small jade - --February of this year, three ministries and commissions such as Ministry of Public Health,etc. jointly issue " notice on further standardizing entering school and physical examination project of obtaining employment and maintaining entering school and employment right of person who carries antigen of surface of hepatitis B ", define the health card needs to check the hepatitis B project. Soon after the Spring Festival, the small jade comes to disease in Changsha to accuse of the consultation of centre again. Staff members say, handle the health card to only need to check transaminase now, if transaminase issues licence normally directly; If transaminase is abnormal, can issue licence behind getting rid of hepatitis A and fifth liver. Small jade determine, apply, handle the intersection of food and trade, obtain employment health card again right away. On March 2 of this year at last, the small jade got the health card that the person who carries virus of hepatitis B of first of Hunan Province was held. Though has succeeded in getting the health card, the small jade expressed the media at that time, do not plan to cancel and appeal at this point by oneself. Because she insists the first instance judgement of the court has violated the legal provision, hope to make the wrong judgement of first instance can be corrected through the second instance oneself. Recently, the intermediate people's court of Changsha assigned the court verdict of last instance. The court thinks, after food safety law, " food safety law implementing regulations " are issued through trying, " management of preventative health examination " is still a valid regulatory file, should be complied with ago it by abolition. So appellee's Changsha Municipal Health Bureau, according to aforesaid laws and regulations and regulatory file, it was legal at that time not to issue the healthy behavior qualified to prove of food trade for appellants. As to the thing that two of the intermediate people's courts of Changsha is tried, the small jade shows that unable to accept, she plans to apply to review to the higher people's court of Hunan Province. "Only to resort to legal proceedings finally and procedure, gets a rational statement, could really promote those to have a great deal of rules and regulations with well-meaning system to get the carrying out and implementation fast more effective. " The small jade is said. It is chained that relevant " healthy first card of hepatitis B " Born in Zhejiang for August 17 of 2009, Zhejiang University this year's graduate, hepatitis B person who carries virus thunder rush, go the intersection of Hangzhou and the intersection of city and the intersection of West Lake and the intersection of district and clever latent community health Center of street, demand to handle the health card engaged in the food trade. On August 21, the related departments are on the grounds of receiving the notice that can handle the health card, have not swarmed into and handled the health card the thunder. Through after a great deal of efforts, on August 28, the health bureau of West Lake district agreed to the application that the thunder rushes, but determine to check hepatitis A and fifth liver again according to " food safety law implementing regulations ", if this two items are checked out of question, will issue licence for him in accordance with the law. Will it be morning September 1, physical examination get rid of hepatitis A and the intersection of fifth and thunder of liver rush, achieve one's goal, take China " healthy first card of hepatitis B " to .

|