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全国人民代表大会常务委员会关于《中华人民共和国刑法》第二百二十八条、第三百四十二条、第四百一十条的解释

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全国人民代表大会常务委员会关于《中华人民共和国刑法》第二百二十八条、第三百四十二条、第四百一十条的解释

全国人民代表大会常务委员会


全国人民代表大会常务委员会关于《中华人民共和国刑法》第二百二十八条、第三百四十二条、第四百一十条的解释

(2001年8月31日第九届全国人民代表大会常务委员会第二十三次会议通过)

全国人民代表大会常务委员会讨论了刑法第二百二十八条、第三百四十二条、第四百一十条规定的“违反土地管理法规”和第四百一十条规定的“非法批准征用、占用土地”的含义问题,解释如下:

刑法第二百二十八条、第三百四十二条、第四百一十条规定的“违反土地管理法规”,是指违反土地管理法、森林法、草原法等法律以及有关行政法规中关于土地管理的规定。

刑法第四百一十条规定的“非法批准征用、占用土地” ,是指非法批准征用、占用耕地、林地等农用地以及其他土地。

现予公告。
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卫生部、国家中医药管理局关于印发医院中药房基本标准的通知

卫生部 国家中医药管理局


卫生部、国家中医药管理局关于印发医院中药房基本标准的通知

国中医药发〔2009〕4号


各省、自治区、直辖市卫生厅局、中医药管理局,新疆生产建设兵团卫生局,局各直属单位:

根据《医疗机构管理条例》有关规定,卫生部、国家中医药管理局制定了《医院中药房基本标准》。现印发给你们,请遵照执行。在执行过程中有何问题,请及时反馈卫生部、国家中医药管理局。
本标准自印发之日起施行。

                        二○○九年三月十六日


  医院中药房基本标准

一、医院(含中医医院、中西医结合医院、综合医院,下同)中药房应当按照国家有关规定,提供中药饮片调剂、中成药调剂和中药饮片煎煮等服务。
中药品种、数量应当与医院的规模和业务需求相适应,常用中药饮片品种应在400种左右。

二、部门设置

(一)中药房由药剂部门统一管理,可分中药饮片调剂组、中成药调剂组、库房采购组。

(二)至少设有中药饮片库房、中药饮片调剂室、中成药库房、中成药调剂室、周转库、中药煎药室,有条件的医院可按照有关标准要求设置中药制剂室。

三、人员

(一)中药专业技术人员占药学专业技术人员比例至少达到20%,中医医院中药专业技术人员占药学专业技术人员比例至少达到60%。三级医院具有大专以上学历的中药人员不低于50%,二级医院不低于40%。

(二)中药房主任或副主任中,三级医院应当有副主任中药师以上专业技术职务任职资格的人员;二级医院应当有主管中药师以上专业技术职务任职资格的人员。

(三)中药饮片调剂组、中成药调剂组、库房采购组负责人至少应具备主管中药师以上专业技术职务任职资格。

(四)中药饮片质量验收负责人应为具有中级以上专业技术职务任职资格和中药饮片鉴别经验的人员或具有丰富中药饮片鉴别经验的老药工。中药饮片调剂复核人员应具有主管中药师以上专业技术职务任职资格。煎药室负责人应为具有中药师以上专业技术职务任职资格的人员,煎药人员须为中药学专业人员或经培训取得相应资格的人员。有条件的医院应有临床药学人员。

四、房屋

(一)中药房的面积应当与医院的规模和业务需求相适应。

(二)中药饮片调剂室的面积三级医院不低于100平方米,二级医院不低于80平方米;中成药调剂室的面积三级医院不低于60平方米,二级医院不低于40平方米。

(三)中药房应当远离各种污染源。中药饮片调剂室、中成药调剂室、中药煎药室应当宽敞、明亮,地面、墙面、屋顶应当平整、洁净、无污染、易清洁,应当有有效的通风、除尘、防积水以及消防等设施。

五、设备(器具)

中药房的设备(器具)应当与医院的规模和业务需求相适应。

(一)中药储存设备(器具)

药架、除湿机、通风设备、冷藏柜或冷库。

(二)中药饮片调剂设备(器具)

药斗(架)、调剂台、称量用具(药戥、电子秤等)、粉碎用具(铜缸或小型粉碎机)、冷藏柜、新风除尘设备(可根据实际情况选配)、贵重药品柜、毒麻药品柜。

(三)中成药调剂设备(器具)

药架(药品柜)、调剂台、贵重药品柜、冷藏柜。

(四)中药煎煮设备(器具)

煎药用具(煎药机或煎药锅)、包装机(与煎药机相匹配)、饮片浸泡用具、冷藏柜、储物柜。

(五)临方炮制设备(器具)(可根据实际情况选配)

小型切片机、小型炒药机、小型煅炉烘干机、消毒锅、标准筛。
六、规章制度

(一)制定人员岗位责任制、药品采购制度、药品管理制度、在职教育培训制度等各项规章制度。

(二)执行中医药行业标准规范,有国家制定或认可的中药技术操作规程和管理规范,并成册可用。

七、民族医医院中药房(民族药房)参照本《基本标准》执行。






MERCHANT SHIPPING (PREVENTION AND CONTROL OF POLLUTION) ORDINANCE ——附加英文版

Hong Kong


MERCHANT SHIPPING (PREVENTION AND CONTROL OF POLLUTION) ORDINANCE
 (CHAPTER 413)
 ARRANGEMENT OF SECTIONS
  
  ion
  
  I    PRELIMINARY
  hort title
  nterpretation
  
  II    REGULATIONS FOR THE PREVENTION AND CONTROL OF POLLUTION
  egulations for the prevention and control of pollution
  enalty for taking detained ship to sea
  
  III   SHIPPING CASUALTIES INVOLVING A RISK OF POLLUTION
  pplication of Part III
  hipping casualties
  irections; right to recover in respect of unreasonable loss or
damage
  ffences in relation to section 6
  ervice of directions under section 6
  Enforcement of fines
  Saving of rights of action, etc.
  
  IV    SAVINGS, AMENDMENTS AND REPEALS
  Savings, amendments and repeals
  
  dule. (Omitted)
  
  rdinance to provide for the prevention and control of pollution 
from
  s and for incidental or related matters.
  January 1991] L. N. 14 of 1991
 PART I PRELIMINARY
  
  hort title
  Ordinance may be cited as the Merchant Shipping 
(Prevention and
  rol of Pollution) Ordinance.
  nterpretation
  his Ordinance, unless the context otherwise requires--
  trol" includes contain and reduce;
  ector" means the Director of Marine;
  charge" means any release, howsoever caused, from a ship and 
includes
  escape, disposal, spilling, leaking, pumping, emitting or 
emptying;
  does not include--
  dumping within the meaning of the Convention on the 
Prevention of
  ne Pollution by Dumping of Wastes and Other Matter signed in
London on
  ovember 1972; or
  any release directly arising from the exploration, 
exploitation and
  ciated off-shore processing of sea-bed mineral resources; or
  any release for the purposes of legitimate scientific research 
into
  ution abatement or control;
  g Kong ship" means--
  a ship registered in Hong Kong; and
  a vessel required to be licensed under Part IV of the Shipping 
and
  Control Ordinance (Cap. 313);
  " means oil of any description and includes spirit produced from 
oil
  ny description and also includes coal tar;
  p" means a vessel of any type whatsoever operating in the 
marine
  ronment and includes a hydrofoil, hovercraft, submersible or 
floating
  t and a fixed or floating platform.
 PART II REGULATIONS FOR THE PREVENTION AND CONTROL OF POLLUTION
  
  egulations for the prevention and control of pollution
  In this section--
  vention" means the International Convention for the 
Prevention of
  ution from Ships (including its protocols, annexes and 
appendices)
  h constitutes Attachment 1 to the Final Act of the 
International
  erence on Marine Pollution signed in London on 2 November 
1973, as
  fied by any international agreement referred to in subsection (2)
(b)
  );
  tocol" means the Protocol (including the annex thereto) 
relating to
  Convention which constitutes Attachment 2 to the Final Act 
of the
  rnational Conference on Tanker Safety and Pollution Prevention 
signed
  ondon on 17 February 1978, as modified by any international 
agreement
  rred to in subsection (2) (b) (iii); "substance other 
than oil"
  udes sewage and garbage of any kind.
  The Governor in Council may make regulations--
  relating to the prevention or control of pollution of the sea or
other
  rs by oil, or any substance other than oil, from ships; and
  for giving effect to--
  the Convention;
  the Protocol; and
  ) any other international agreement (whether made by 
resolution or
  rwise) which relates to the prevention or control of pollution
of the
  or other waters by oil, or any substance other than oil, from 
ships
  which applies to Hong Kong, including any agreement which
modifies any
  r such agreement.
  Regulations made under this section may be expressed to apply--
  to Hong Kong ships, wherever they may be; and
  to other ships while they are within the waters of Hong Kong.
  
  Regulations made under this section may provide that the 
regulations,
  ny provisions thereof, shall come into force on a date 
specified in
  regulations which is earlier than the date on which the 
international
  ement to which the regulations relate comes into force.
  Without limiting the generality of subsection (2), 
regulations made
  r this section may include provisions--
  for the approval of documents, the appointment of 
surveyors, the
  ying out of surveys and inspections and the rendering 
of other
  ices for the purposes of the regulations, whether in Hong 
Kong or
  where, and for the issue, duration, effect and 
recognition of
  ificates for those purposes;
  for the keeping, carriage and inspection of record books and 
other
  rds of operations involving oil, or any substance other than oil, 
on
  d ships;
  for the prohibition, regulation and control of the 
loading and
  iage on board ships, and the unloading or discharge from ships,
of oil
  ny substance other than oil and for procedures relating thereto;
  for the design and construction of, and the equipment and fittings 
on
  d, ships carrying oil or any substance other than oil;
  for the compulsory reporting of incidents involving pollution 
or the
  at of pollution for the purpose of giving effect to Protocol I
  visions concerning reports on incidents involving harmful 
substances)
  he Convention;
  for the payment of fees (whether prescribed under this Ordinance, 
the
  hant Shipping Ordinance (Cap. 281) or otherwise) in respect 
of any
  ey, inspection, certificate, service or other matter provided 
for by
  regulations;
  that contraventions of the regulations shall be offences
punishable by
  lties not exceeding--
  on conviction upon indictment, a fine of $5,000,000 and, in the 
case
  n individual, imprisonment for 2 years;
  on summary conviction, a fine of $500,000;
  that in the case of any such contravention an offence is committed
by-
  the master and the owner of the ship concerned; and
  where the contravention is due to the act or omission of 
another
  on, that person;
  for denying entry of any ship to the waters of Hong Kong in respect
of
  h any such contravention is believed to have occurred;
  for detaining any ship in respect of which any such 
contravention is
  eved to have occurred and for notifying the relevant consular
officer
  any) of the detention and of any proceedings against the ship;
and
  for the admission of prescribed or specified documents and 
certified
  es of documents as evidence in legal proceedings,
  the regulations may--
  make different provisions for different circumstances or in 
relation
  ifferent classes or descriptions of ships;
  provide for exemptions from any provisions of the 
regulations in
  ect of different classes or descriptions of ships;
  ) provide for the granting by the Director, on such terms (if any) 
as
  ay specify, of exemptions from any provisions of the 
regulations in
  ect of any ship, or class or description of ships, and 
for the
  ration or cancellation of any such exemption;
  provide for the approval by the Director of equivalent 
fittings,
  pment or procedures as alternatives to those prescribed;
  provide for the delegation of powers exercisable and 
functions
  ormable by virtue of the regulations;
  provide for the application of the regulations to the Crown; and
  ) include such incidental, supplemental and transitional
provisions as
  ar to the Governor in Council to be expedient for the purposes
of the
  lations.
  
  Any fees prescribed under this Ordinance--
  may be fixed at levels which provide for the recovery of 
expenditure
  rred or likely to be incurred by the Government or other authority 
in
  tion generally to the administration, regulation and control of 
Hong
  ships and of ports, ships and navigation in the waters of Hong 
Kong,
  shall not be limited by reference to the amount of 
administrative or
  r costs incurred or likely to be incurred in the provision 
of any
  icular service, facility or matter; and
  may, without prejudice to the generality of paragraph (a), be
fixed at
  erent amounts in relation to different sizes of ship, whether
measured
  onnage, length or otherwise, or in relation to different 
classes,
  s or descriptions of service, facility or ship.
  
  enalty for taking detained ship to sea
  Where a ship is authorized or ordered to be detained under
regulations
  under this Part, and after such detention or after service on 
the
  er of any notice of or order for such detention, the ship proceeds 
or
  mpts to proceed to sea before having been released by a 
competent
  ority, the master of the ship commits an offence and is liable 
to a
  of $500,000 and to imprisonment for 2 years; and if the 
owner or
  t or any person who sends the ship to sea is party or privy to 
the
  nce he also commits an offence and is liable to the same
punishment.
  Where a ship proceeds to sea in contravention of subsection (1)
whilst
  ng on board a public officer who is acting in the execution of 
his
  , the master and owner of the ship--
  in addition to any punishment to which they may be liable 
under
  ection (1), both commit an offence against this subsection 
and are
  liable to imprisonment for 6 months and to a fine of $20,000 and 
an
  tional fine of $1,000 for each day during the period from the date 
on
  h the ship proceeded to sea until the date on which the 
officer
  rns to Hong Kong or, if he does not return directly to Hong 
Kong,
  d have returned if he had travelled by the quickest practicable
route;
  
  are jointly and severally liable to pay to the Government all
expenses
  dental to the taking of the officer to sea and to securing his 
return
  ong Kong.
  Expenses referred to in subsection (2) (b) may be recovered as
if they
  a fine imposed by a magistrate.
 PART III SHIPPING CASUALTIES INVOLVING A RISK OF POLLUTION
  
  pplication of Part III
  Subject to subsections (2) and (3), this Part shall apply in 
relation
  ll ships whether within or outside the waters of Hong Kong.
  As respects a ship which--
  is not a Hong Kong ship; and
  is for the time being outside the waters of Hong Kong,
  power conferred on the governor by section 6 (2) to give 
directions
  only be exercised in relation to--
  an individual who is a British citizen, a British 
Dependent
  itories citizen, a British Overseas citizen or who under the Hong
Kong
  tish Nationality) Order 1986 (App. III, p. EG1) is a British
National
  rseas); or
  a body corporate which is established under the laws of Hong 
Kong,
  section 8 (2) shall apply to such an individual or body 
corporate
  .
  No direction under section 6 (2) shall apply to any vessel 
of Her
  sty's navy or to any ship not forming part of Her Majesty's navy
which
  ngs to Her Majesty or is held by any person on behalf of or for 
the
  fit of the Crown in right of Her Majesty's Government in the 
United
  dom or Her Majesty's Government in Hong Kong, and no action shall 
be
  n under section 6 (4) or (5) as respects any such vessel or ship.
  
  hipping casualties
  The powers conferred by this section may be exercised where--
  an accident has occurred to or in a ship; and
  in the opinion of the Governor--
  oil, or any substance other than oil, from the ship will or may 
cause
  ution on a large scale in Hong Kong or in the waters of Hong Kong;
  if the ship is one referred to in section 5 (2), the 
danger of
  ution is grave and imminent; and
  ) the exercise of the powers conferred by this section is 
urgently
  ed.
  For the purpose of preventing or reducing pollution, or the 
risk of
  ution, the Governor may give directions as respects the ship or 
its
  o--
  to the owner of the ship, or to any person in possession or control
of
  ship; or
  to the master of the ship; or
  to any salvor in possession of the ship, or to any person who is 
the
  ant or agent of any such salvor, and who is in charge of the 
relevant
  age operation.
  Directions under subsection (2) may require the person to whom 
they
  given to take, or refrain from taking, any action of 
any kind
  soever, and without limiting the generality of the 
foregoing the
  ctions may require--
  that the ship is to be, or is not to be, moved--
  to or from a specified place, area or locality;
  over a specified route; or
  that any oil or other cargo is to be, or is not to be, unloaded 
or
  harged; or
  that specified salvage measures are to be, or are not to be, taken.
  If in the opinion of the Governor the powers conferred by
subsection
  are, or have proved to be, inadequate for the purpose, the 
Governor
  for the purpose of preventing or reducing pollution, or the risk 
of
  ution, take, as respects the ship or its cargo, any action of any
kind
  soever, and without limiting the generality of the 
foregoing the
  rnor may--
  do anything he has power to require to be done by a direction 
under
  ection (2);
  cause operations to be undertaken for the sinking or 
destruction of
  ship, or any part of it, of a kind which is not within the means 
of
  person to whom he may give such a direction;
  cause operations to be undertaken which involve taking over
control of
  ship.
  The powers of the Governor under subsection (4) may also be 
exercised
  uch persons as may be authorized in that behalf by the Governor.
  A person concerned in complying with directions given, or in 
action
  n, under this section shall use his best endeavours to avoid risk 
to
  n life.
  Nothing in this section shall derogate from or affect any 
right or
  r of the Government existing apart from this section whether 
under
  rnational law or otherwise.
  
  Any action taken as respects a ship which is under arrest 
or as
  ects the cargo of such a ship, being action taken under a 
direction
  n under subsection (2), or under subsection (4) or (5)--
  does not constitute contempt of court; and
  shall not constitute a ground or cause of action in legal 
proceedings
  ituted against the Government.
  In this section--
  ident" includes the loss, stranding, abandonment of or damage 
to a
  ; "any substance other than oil" means--
  any substance specified in an order made under subsection (10);
and
  any other substance which is liable to create a hazard to 
human
  th, to harm living resources and marine life, to damage 
amenities or
  nterfere with other legitimate uses of the sea;
  cified", in relation to a direction under subsection (2), 
means
  ified in the direction.
  The Governor may, by order published in the Gazette, 
specify any
  tance for the purposes of the definition of "any substance other 
than
  in subsection (9).
  
  irections; right to recover in respect of unreasonable loss or
damage
  If any action taken under a direction under section 6 (2), or 
under
  ion 6 (4) or (5)--
  was not reasonably necessary to prevent or reduce pollution or,
as may
  ppropriate, the risk of pollution; or
  was such that the good it did or was  likely  to 
do  was
  roportionately less than the expense incurred, or damage suffered, 
as
  sult of the action,
  rson incurring expense or suffering damage as a result of the 
action,
  f himself having taken the action, shall be entitled to 
claim and
  ver compensation from the Government.
  In determining whether subsection (1) applies in a particular 
case,
  unt shall be taken of--
  the extent and risk of pollution if the action had not been taken;
  the likelihood of the action being effective; and
  the extent of the damage which has been caused by the action.
  Any reference in this section to the taking of any action 
includes a
  rence to a compliance with a direction not to take some 
specified
  on.
  ffences in relation to section 6
  A person to whom a direction is given under section 6 (2) who fails
to
  ly with any requirement of the direction, commits an offence.
  A person who wilfully obstructs any person who is--
  acting on behalf of the Governor in connection with the 
giving or
  ice of a direction under section 6 (2);
  acting in compliance with such a direction; or
  acting under subsection (4) or (5) of that section,
  its an offence.
  In proceedings for an offence under subsection (1), it shall 
be a
  nce for the accused to prove that--
  he used all due diligence to secure compliance with the direction;
or
  he had reasonable cause for believing that such compliance would 
have
  lved a serious risk to human life.
  A person who commits an offence under this section is liable-
-
  on conviction upon indictment, to a fine of $5,000,000;
  on summary conviction, to a fine of $500,000.
  ervice of directions under section 6
  If the Governor is satisfied that a company or other body
corporate is
  one to which section 338 or 356 of the Companies Ordinance (Cap. 
32)
  ies so as to authorize the service of a direction on that body 
under
  er of those sections, he may give a direction under section 6 (2)--
  to that body, as the owner of, or the person in possession or 
control
  a ship, by serving the direction on the master of the ship; or
  to that body, as a salvor, by serving the direction on the person 
in
  ge of the salvage operations.
  For the purpose of giving or serving a direction under section 
6 (2)
  r on any person on a ship, a person acting on behalf of the 
Governor
  l have the right to go on board the ship.
  
  Enforcement of fines
  e a fine imposed in proceedings against the owner or master of
a ship
  an offence under this Part is not paid at the time ordered by 

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