涉承包经营关系违法案件中违法行为人的认定

Determination of Violators in Cases of Contract Business

承包经营是动物屠宰、兽药饲料销售等经营环节中非典型经营模式。2018年8月,驻场官方兽医经巡查发现,该地某生猪定点屠宰场涉嫌未凭有效动物检疫合格证明接收生猪入场屠宰。经立案调查,认定违法事实确实,依照《甘肃省动物防疫条例》相关规定,依法给予了行政处罚。本文重点对承包经营人马某、屠宰场谁为适格被处罚主体进行了讨论分析,基于分析意见,倾向认定屠宰场为违法行为人。建议今后执法人员在执法告知中充分说理解释,减少执法阻力;在监督检查中,做好宣传告知工作,规避不必要的民事纠纷。

Contract business is an atypical business model in the process of livestock and poultry slaughtering and veterinary drug and feed selling.In August2018,the official veterinarian at the farm found that one fixed-point slaughterhouse was suspected of receiving live pigs without valid animal quarantine certificates.After registration and investigation,it was confirmed that the illegal facts were clear.According to the provisions of Gansu Provincial Animal Disease Prevention Regulations,corresponding administrative penalties were imposed.In this paper,the issue whether the contractor or the slaughterhouse was eligible for punishment was discussed and analyzed,and the author was inclined to identify the slaughterhouse as the responsible party.At last,it was suggested that law enforcement officials should fully explain the notices needing attention to reduce the resistance of law enforcement.Also,during inspection and supervision,the officials should do a good job in publicity and notification to avoid unnecessary civil disputes.