共同违法行为处罚原则运用

Application of Punishment Principle of Joint Illegal Act

2016年6月,某动物卫生监督机构查获一起涉嫌违法经营依法应当检疫而未经检疫生猪案。经调查取证,认定张某和王某系本案共同责任人,但在"由谁承担罚款"问题上,执法人员意见不一。本文剖析共同违法行为的界定、处理判断原则,探求共同违法行为中,将个人合伙关系作为被处罚主体的法律依据,进而提出了与之相适用的处罚原则和处理程序,为今后动物卫生监督执法提供参考。

In June of 2016,a case of suspecting to sell live pigs without inspection and quarantine was investigated by an Animal Health Supervision Institution. Through investigation and evidence collection,Zhang and Wang were determined as joint responsible person. However,the officials held different opinions on who would pay the resulting fines. Here,based on an analysis of the demarcation of joint illegal act and principles of treatment and judgement,a view of taking the individual partnership as legal basis for affirming the punishment main body was explored,and corresponding punishment principles and treatment procedures were put forward,hoping to offer reference for animal health supervision and law enforcement in future.