上海市犬只管理中的动物卫生监督执法难点

Discussion on the Difficulty of Animal Health Supervision and Law Enforcement in Dog Management in Shanghai City

动物卫生监督机构是养犬管理的职能部门之一。本文对上海养犬管理中存在的犬只销售备案制度,违法行为定性与法律适用,以及非狂犬病强制免疫点的监督执法等问题进行了法理分析,提示有关部门应明确备案条件,统一备案口径;发现未经工商登记、未经备案以及销售无检疫证明犬只等违法行为时应正确定性,准确适用法律;对未经认定为狂犬病强制免疫点的动物诊疗机构可依法给予行政处罚。

Animal health supervision institution is one of the functional departments for dog management. In this article,some legal analysis were made on the problems existed in dog management in Shanghai City,such as the sales record system,the affirmation of illegal behaviors and the application of law,as well as problems in the supervision and law enforcement for non-rabies compulsory immunization points. According to the analysis,some suggestions were given:relevant departments should clearly define the record conditions and unify the record;once the illegal behaviors such as not having business registration and recording and selling dogs without quarantine certificates were found, relevant law should be applied accurately;for those animal diagnosis and treatment institutions which had not been identified as a compulsory immunization point for rabies but conducted rabies immunization activities,administrative penalties could be given according to law.