一起运输依法应当检疫而未经检疫生猪案的评析

Analysis on a Case of Transporting Live Pigs Supposed to Have Been Legally Inspected and Quarantined

本文通过对一起运输依法应当检疫而未经检疫生猪案的查处过程进行分析,指出该案在调查取证、办案程序、事实认定、法律适用和自由裁量等方面存在的问题,然后从案件本身出发,提出行政执法中应当严格把握“法无授权不可为”的原则,高度重视证据的证明力,规范撰写执法文书等思考建议,以期为广大执法人员动物防疫司法实践提供参考。

Based on an analysis on a case of transporting live pigs supposed to have been legally quarantined,the problems found in investigation and evidence collection,case procedures,fact determination,application of law,discretion and other factors related to the case,were pointed out,followed by recommendations and considerations targeting at the case,including the principle of“nothing could be done without authorization by law”should be strictly followed in administrative law enforcement,the demonstration of evidences should be highly concerned,and the writing of law enforcement instruments should be standardized,aiming to provide a reference for law enforcement officers in future judicial practice of animal epidemic prevention.