一起未经检疫和指定通道引入省外肉羊案的分析

Analysis on a Case of Introducing Mutton Sheep without Inspection,Quarantine and Passing through the Specified Channel from Other Provinces

海南省海警某队巡逻检查发现,当事人殷×涉嫌经营未经检疫和指定通道引入省外肉羊。经立案调查,认定当事人违法事实存在,根据《动物防疫法》《海南省无规定动物疫病区管理条例》等规定,依法给予行政处罚。通过对案件主体适格、法律适用、行政相对人法律责任认定的讨论,立足巩固海南省无规定动物疫病区安全,提出强化省级动物卫生监督机构职能,畜禽引入落实指定通道制度,加强联防联控机制建设,修订法律法规,强化违法惩处力度等方面的建议,以期进一步提升动物卫生行政执法监管水平。

During the patrol inspection by a coast guard team of Hainan Province, it was found that Yin ~ was suspected of transporting mutton sheep without inspection, quarantine and passing through the specified channel. After the case investigation,, the illegal facts were clear, and administrative punishments were given according to the Animal Disease Prevention Law and Regulation for the Management of Specified Animal Disease Free Zone in Hainan Province. In this article, some comments were made in aspects of eligible subject, application of law, and the determination of legal responsibility of the administrative counterpart. In order to ensure the safety of the specified animal disease free zones in Hainan Province and further enhance the level of animal health administrative law enforcement and supervision, some suggestions were proposed, including strengthening the functions of Hainan Animal Health Supervision Institution, implementing the specified channel system when livestock and poultry were introduced, strengthening joint prevention and control of animal diseases, amending related laws and regulations, as well as severely punishing those who violate the laws and regulations.