从一起动物卫生监督案谈执法规范

Discussion on Law Enforcement Standardization according to an Animal Health Supervision Case

A县动物卫生监督所执法人员通过监督检查发现,某养殖场涉嫌经营依法应当检疫而未经检疫动物。经立案调查,该案违法主体认定准确,违法事实清楚,证据确凿,根据《动物防疫法》相关规定,依法给予行政处罚。结合本案,本文对执法过程中容易出现的未经检疫与未附检疫证明的区别、行政相对人主体是否适格、执法程序及证据搜集是否合法等问题进行了剖析,以期为提高队伍执法办案能力提供帮助。

Based on the supervision and inspection,law enforcement of？cials of A County Animal Health Supervision Institution found that a farm was suspected of selling animals without official inspection and quarantine. After registration and investigation,results showed the illegal subject was assured accurately,the illegal act was clear,and the evidence was conclusive. According to the relevant provisions of the Animal Disease Prevention Law,an administrative punishment was meted out. In combination with the case,several problems frequently encountered in the process of law enforcement were analyzed,including differentiating “not being quarantined” and “not attaching inspection and quarantine certi？cates”,whether the legal subject of the administrative counterpart was proper,and whether the legitimacy of the law enforcement process and the evidence collection were legitimate,hoping to offer reference for enhancing the law enforcement and case handling ability.