查办假劣兽药案件有关问题思考

Thoughts on Related Issues Involving Investigation and Handling of the Cases of Fake and Inferior Veterinary Drugs

兽药影响动物源性食品质量安全,加大兽药监督执法力度是保障兽药质量,确保动物源性食品安全的重要内容。基于《兽药管理条例》修订滞后及兽药严重违法行为从重处罚情形等新规定出台等因素,致使执法人员在法律适用、违法事实认定和证据收集、货值及违法所得认定等方面存有争议。本文提出了应修订《兽药管理条例》及自由裁量基准,对无证经营兽药案中兽药进行定性,根据检验报告认定假劣兽药适用法律依据,正确认定兽药违法所得及文书制作等相关思考,旨在为规范兽药监督执法行为,提升执法队伍依法行政水平提供参考。

As the quality and safety of animal-derived food is affected by veterinary drugs,it is important to guarantee the quality of veterinary drugs and the safety of animal-derived food by strengthening supervision and law enforcement.However,because of the delay revision of Regulations on Administration of Veterinary Drugs and publishment of new regulations on severe punishment against serious violations related to veterinary drugs,there has been some disputes in the process of law enforcement,including application of laws,identification of illegal facts,evidence collection and determination of goods value and illegal income. In this paper,some suggestions were put forward,such as,Regulations on Administration of Veterinary Drugs and the standard on discretion should be revised,veterinary drugs involved in cases of selling without business license should be identified,applicable laws on fake and inferior veterinary drugs should be determined according to test report,illegal income from veterinary drugs should be correctly calculated,and related documents should be prepared,etc.,so as to provide some references for standardizing supervision and law enforcement for veterinary drugs and to improve the legal administrative level of law enforcement teams.