入琼水路承运人违反动物防疫规定法律适用问题分析

Analysis on a Case Suspected of Engaging in Medical Activities without an Animal Clinic License

水路是动物进入海南省的主要方式之一。在动物卫生监督实践中,对承运人的确认常仅局限于道路运输车辆,追加确认水路承运人偏少,这不利于遏制违法违规运输动物行为。本文从执法主体和客体资格确认、法律责任认定、违法行为确定与法律适用等方面,对入琼水路承运人违反动物防疫法律规定的相关问题进行了分析,认为水路承运人应当履行动物防疫相关管理规范。随后,提出了建立跨区域动物疫病联防联控机制等建议,以期为打击违法违规运输动物行为,提升海南自由贸易港生物安全风险防控水平提供参考。

In November 2022,a complaint was received by the Agricultural and Rural Committee in B District,A City,claiming that a pet salon under its authority was suspected of engaging in animal medical activities without an animal clinic license.Upon investigation,the party concerned was determined to have illegal facts,and administratively punished according to relevant provisions of the Law of the People s Republic of China on Animal Disease Prevention.In the paper,the case was analyzed to identify some shortcomings such as incomplete evidence,inaccurate application of laws,etc.,and recommendations were put forward based on the case,that was,further supervising pet services,improving the skills of law enforcement officers,strengthening the publicity about laws and regulations as well as training,with a view to guiding law enforcement officers in their supervision practices for pet medical services.