On November 18,2022,a letter transferring a suspected case in violation of agricultural and rural administrative law was received by the Agricultural Comprehensive Administrative Law Enforcement Brigade of J District,A city,from the District Animal Husbandry Development Service Center,claiming that a farm was suspected of illegally introducing chicks from outside of a specified animal disease free zone.It was determined that,after investigation,the illegal fact made by the party concerned was true,and administrative penalties were imposed according to the regulations of the Regulations on the Administration of Specified Animal Disease Free Zones in A City.In the paper,the investigation and punishment of the case was analyzed,the shortages in its application of law and discretion were pointed out.Subsequently,legislation on the supporting regulations related to Law of the People's Republic of China on Animal Disease Prevention as well as some local regulations should be improved,the legal connotation contained in the Article 29 of Administrative Penalty Law of the People's Republic of China should be well learned,discretionary benchmarks should be accurately applied,with a view to providing a reference for law enforcement officers in the practice of animal disease prevention judicature.
关键词
无规定动物疫病区/一事不再罚/行政处罚/裁量基准
Key words
specified animal disease free zone/no more punishment for the same offense/administrative penalty/discretionary benchmark
维普
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