动物卫生监督执法与刑事司法衔接实践分析

Practical Analysis on Connecting Animal Health Supervision and Law Enforcement with Criminal Justice

行政执法与刑事司法,都承载着维护社会秩序,保障公民、法人或者其他组织的合法权益的重要功能。2018年7月,甘肃省金塔县兽医行政管理部门检测发现,养殖户杨某涉嫌经营染疫动物。经立案调查,认定当事人违法事实存在,其行为违犯了《动物防疫法》《刑法》的有关规定,随即移交公安机关追究刑事责任,经法院判决,当事人杨某销售不符合安全标准的食品罪,依法给予了惩处。这提示官方兽医应熟知法律法规,准确把握食品安全的犯罪界限,严格审查移送案件证据,正确履行职责,实现打击违法犯罪和保护公民权利的有效平衡。

Both administrative law enforcement and criminal justice carry important functions of maintaining social order and protecting the legitimate rights and interests of citizens,legal persons or other organizations.In July 2018, the veterinary administrative department of Jinta County in Gansu Province found that Yang,a farmer,was suspected of trading infected animals.After investigating the case,it was convicted that Yang's behavior had violated relevant provisions of the Animal Disease Prevention Law and the Criminal Law.Yang then was handed over to the public security authority to investigate his criminal deeds.It was ruled by the court that Yang committed the crime of selling food that failed to comply with the safety standard,deserving penalty.It was suggested that the official veterinarians should be familiar with laws and regulations,accurately grasp the criminal boundaries of food safety,strictly review and transfer evidences and properly perform their duties so as to achieve the effective balance between fighting against crimes and protecting citizens' rights.