动物防疫类案件非诉执行程序要点解析

Analysis on the Key Points of Non-judicial Procedure for the Cases Concerning Animal Disease Prevention

农业综合行政执法机构作为动物防疫违法行为的处罚机关,在遇到当事人拒不履行罚没款缴纳义务时,应当依法申请人民法院强制执行。本文按照时间顺序重现了一起动物防疫行政处罚案件从申请到人民法院强制执行完毕的全部流程,详述了案卷整理、催告程序、申请非诉裁定、行政裁定告知、申请非诉执行和执行结案等操作步骤,并分析了可能出现的问题和补救程序,以期为今后农业综合行政执法人员申请人民法院强制执行提供思路。

As the authorities for punishing illegal behaviors in non-compliance with animal diseases prevention,agricultural comprehensive administrative law enforcement institutions shall,when some parties concerned refuse to perform their obligation of agreeing confiscation and paying fine,apply to the people's court for compulsory execution according to laws.In the paper,the whole process of a case of administrative penalty concerning animal disease prevention from application to the end of compulsory execution by people's court was reviewed in chronological order,the procedures of file arrangement,summon exhortation,application for non-judicial adjudication,notification of administrative adjudication,application for non-judicial execution,as well as compulsory execution and case finalization,were described,and any possible problems and remedial procedures were analyzed,hoping to provide reference and experience for agricultural comprehensive administrative law enforcement personnel who might apply to people's court for compulsory execution in the future.