动物及动物产品运输环节防疫监管主体探析
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摘要
运输环节的动物及动物产品监管一直是基层执法人员较为棘手的问题。除了实际操作层面的困难外,现行的分段管理体制、部门间衔接不畅、法律法规缺失或冲突等,都让此问题更加难以理清。本文探讨了动物及动物产品在运输环节的防疫监管主体为何部门的法律问题,分析了目前业内存在的监管主体分别认为是动物卫生监督机构、食品药品监管部门及监管主体难以确定等3种不同认识及其依据,划分了疫病防控与质量安全两种不同监管内容,并根据不同监管内容区分了相应监管主体,并对相关执法依据进行了探讨。
For those law enforcement officials at grass-roots level,supervision for animal and animal products during transportation is a difficult issue that they often encountered. In addition to those difficulties in actual operation,there were some problems more intractable to solve,such as the problems in current system of separate controlling of different parts,the linkage between different departments and the absence or conflicts of laws and regulations. In this article,the legal problem of which department should be responsible for disease prevention and supervision of such animals and animal products during transportation was discussed,three main opinions about the supervision body and their supporting evidences were analyzed,which included the animal health supervision institutions,food and drug administration authorities,as well as the opinion that the supervision body was hard to determine. Then two different supervision contents consisting of disease control and quality and safety were divided. Based on the divided contents,corresponding supervision bodies were defined. At last,some discussion was also conducted towards the basis of law enforcement.
For those law enforcement officials at grass-roots level,supervision for animal and animal products during transportation is a difficult issue that they often encountered. In addition to those difficulties in actual operation,there were some problems more intractable to solve,such as the problems in current system of separate controlling of different parts,the linkage between different departments and the absence or conflicts of laws and regulations. In this article,the legal problem of which department should be responsible for disease prevention and supervision of such animals and animal products during transportation was discussed,three main opinions about the supervision body and their supporting evidences were analyzed,which included the animal health supervision institutions,food and drug administration authorities,as well as the opinion that the supervision body was hard to determine. Then two different supervision contents consisting of disease control and quality and safety were divided. Based on the divided contents,corresponding supervision bodies were defined. At last,some discussion was also conducted towards the basis of law enforcement.
引文
[1]祁会军,高速公路动物运输监管中的问题及对策探讨[J].中国动物检疫,2015,32(6):85-87.