《农业行政处罚程序规定》修订要点解读

Interpretation of the Amendment to Regulations on Agricultural Administrative Punishment Procedure

《农业行政处罚程序规定》修订坚持以规范农业行政执法程序、保护管理相对人合法权益为落脚点,进一步规范了农业行政处罚程序,统一了农业行政处罚的实施主体,完善了农业行政处罚案件地域管辖、立案管辖、移送管辖、直接管辖、指定管辖的规则以及管辖权争议解决途径,明确了电子商务平台、自建网站、通过其他网络服务销售商品或提供服务的电子商务经营者的农业违法行为,以及电子商务平台内经营者的农业违法行为的管辖规则,增加了农业行政处罚案件的立案条件、立案期限和撤销案件、中止调查的适用情形,细化了九种主要证据种类及其调查取证规则,以及全面推行了行政执法"三项制度"。新版《规定》将是农业综合执法改革和发展过程中指导我国农业行政处罚权威的纲领性文件。

Based on the standardization of the procedures of agricultural administrative law enforcement and protection of the legal rights and interests of management counterparts,Regulations on Agricultural Administrative Punishment Procedure was amended as follows:the procedures of agricultural administrative punishment were further standardized;relevant subjects for implementation were unified;the jurisdiction rules of region,registration,delivery,directness and designation of agricultural punishment cases as well as the ways to resolve any disputes related to jurisdiction were improved;agricultural illegal behaviors of e-commerce operators who sold goods or provided services through e-commerce platform,their own websites and other network,as well as relevant jurisdiction rules were defined;the requirements and time limit of case registration as well as the applicability to withdraw cases and suspend investigation were added;the types of nine kinds of major evidences and their rules on investigation and evidence collection were detailed;and the"three systems"of administrative law enforcement were comprehensively put into force.In conclusion,the revised regulations would be a programmatic document to guide the authority of agricultural administrative punishment in the process of reform and development of agricultural comprehensive law enforcement.