Looking At The Improvement Of China's Plant Quarantine Legal System From The Case Of Jiang Rongjie

The purpose of plant quarantine is a special plant protection measure to prevent the spreading of diseases, pests,weeds and other harmful organisms, ensure the safety of agroforestry production, promote the development of agricultural trade,by the means of legal, administrative and technical.It involves legal,international trade, administration,technical and other aspects, shows the characteristics of comprehensive and its multi-discipline. Plant quarantine law is the legal system to regulate the work of plant quarantine, it makes sure the plant quarantine work smoothly and legally.The year of 2012,a case of interfere with the quarantine of animal and plant by Kang(hereinafter referred to as the "Kang")was happened in Chongqing.After the analysis of the case, the author found that there exist some problems in the plant quarantine law in our country, what caused the author in-depth analysis of the plant quarantine law system of our country, and founded that the plant quarantine law of our country can not adapt to the actual situation of plant quarantine work in many aspects. In view of this, the author puts forward the corresponding countermeasures and suggestions, after analysis of plant quarantine legislation in our country, draw lessons from foreign advanced legislation experience, in order to make our country's legal system of plant quarantine to be more perfect.This paper is divided into four parts: The first part is the summary of plant quarantine law in our country, this paper introduces the concept of plant quarantine law in our country, the development of legal system and the status quo; The second part in is the deep thought of plant quarantine law system of our country caused by the "Kang", this part introduces the case of "Kang", the lack of plant quarantine law of our country, and the manifestation and causes of the lackness; The third part is the revelation of the foreign legislation of plant quarantine to our country, this part briefly introduces the plant quarantine law of United States, Japan, the European Union, and the revelation of the advanced legislation experience of overseas to our country; The fourth part is the countermeasures and suggestions of perfecting our country's legal system of plant quarantine, the parts is the countermeasures and suggestions to build our country's plant quarantine law from the four aspects of building law system, the unified of plant quarantine functional departments, perfecting the legal system of plant quarantine,strengthen the enforcement and security of plant quarantine law.