强化农业行政执法主体的路径探索——以黑龙江省某市为例

On the Approaches of Strengthening the Subject of Agricultural Administrative Law Enforcement:A Case Study of a City in Heilongjiang Province

农业行政执法是农业行政管理的一项重要职能,也是依法治农的有效途径。当前,我国正处于社会转型期,社会矛盾凸显,一些地方存在的农业行政执法主体不规范、执法手段单一等问题弱化了农业行政执法的主体地位,制约了行政执法作用的发挥。强化农业执法主体,必须要规范行政委托执法,明确行政执法主体,提高执法队伍素质,加强机构建设。只有这样,农业行政执法活动才能有法可依,才能变"用人治解决问题"为"用法治解决问题",改变既当裁判员又当运动员的执法体制,体现执法的公正性,法律的权威性,保障农民的根本利益,维护农业经济发展秩序。

Abstract： Agricultural administrative enforcement of law is an effective way for managing agricultural affairs according to law as well as an important function of agricultural administrative management. At present, with China being in the period of social transition and social contradictions protruding, there remain some deficiencies in the enforcement of agricultural administration, such as lack of standardization in the subject of law enforcement and limitedness in ways of enforcing law, which have weakened the subject＇s status and the role of enforcement of agricultural administration. In order to strengthen the subject of enforcement of agricultural administratiom measures like regulating agricultural administration, defining the subject of enforcement of agricultural administration, improving the quality of teams and strengthening the construction of the institution must be taken. Only in this way can the activities of agricultural administration be carried out in accordance with law, and problems be solved by ＂rules and law＂ instead of ＂rule of man＂. Meanwhile, it can change the 0 law enforcement system in which people involved behave both as athletes and referees at the same time, reflect the fairness of law enforcement and the authority of law, protect the farmers＂ interests, and maintain the agricultural economic development order.