中蒙进出境动物检疫法比较

Comparative Study on the Laws on Entry and Exit Animal Quarantine in China and Mongolia

为深入了解中国与蒙古国进出境动物检疫制度,促进贸易开展,对双方进出境动物及动物产品检疫的主要法律——《中华人民共和国进出境动植物检疫法》及其实施条例和《蒙古国进出境动植物及动植物原材料、产品检疫法》进行比较,并分析各自特点。对比发现:中蒙两国动物检疫法在基本情况、立法目的、被检疫对象、境外检疫要求、检疫审批、进境检疫、出境检疫、过境检疫、旅客携带邮寄物检疫、运输工具检疫以及各方权利和义务等方面的规定基本一致。但蒙古国检疫法规定对进境、出境或过境的动物及动物产品须进行专门风险分析,而我国没有对风险分析相关内容在法律和行政法规层面进行规定;蒙古国对不同动物分类规定了不同的境外隔离检疫期限,而我国仅以双边签署的议定书形式进行规定,期限大多统一为30 d;蒙古国按旅客携带动物、动物产品,如果来自严重动物传染病的国家/地区,则禁止进境,而我国则禁止携带、邮寄几乎所有的动物及其产品,这种一律禁止的做法过于机械。由此建议,我国需在法律层面作出进出境动物检疫风险分析和可接受风险的规定,并提高管理能力,根据不同动物风险等级设定隔离检疫期限,调整携带、邮寄物的检疫措施,加快推进进出境动物检疫法修订工作。

In order to fully learn the systems of entry and exit animal quarantine both in China and Mongolia to expand international trade between the two countries, the main laws concerning entry and exit animal and its product quarantine including the Law of the People’s Republic of China on Entry and Exit Animal and Plant Quarantine and its implementation regulations and the Law of Mongolia on Entry and Exit Animal and Plant,Their Material and Product Quarantine were compared and analyzed.It was found that,in respect of general information,legislative purpose,objects to be quarantined,quarantine requirements outside the temtory,approval,quarantine of entry,exit,transit,materials carried or posted by passengers and means of transport as well as rights and obligations of all parties concerned,the above laws were generally consistent.However,specific risk analysis should be conducted for entry,exit and transit animals and their products as stipulated by the law in Mongolia,while relevant contents of risk analysis were not involved at the level of laws and administrative regulations in China;a quarantine period outside the territory was defined subject to animal populations in Mongolia,but it was provided in the form of bilateral protocol in China,generally for 30 days;animals or their products carried by passengers from countries or regions where any serious animal infectious diseases present were forbidden to enter the temtory of Mongolia,while almost no animals and their products were allowed to be carried or posted into China,the rule was mechanical.Therefore, it was suggested to stipulate the conduction of risk analysis for entry and exit animal quarantine and acceptable risk at the level of legislation,improve the capacity of management,define a quarantine period according to the risk level of different animals,adjust quarantine measures for carried or posted materials and push forward possible revision to the laws on entry and exit animal quarantine.