Study On The Problems And Countermeasures Of Agricultural Products Quality And Safety Law Enforcement

The Opinions of the Ministry of Agriculture on Strengthening the Law Enforcement of Agricultural Products Quality and Safety pointed out that strengthening the law enforcement of agricultural products quality and safety is an inevitable requirement for implementing the concept of governing the country according to law and building a well-off society in an all-round way.Strictly crack down on illegal and illegal production and management of agricultural products,in order to fundamentally protect the safety of agricultural products and meet the growing demand for high quality and safe agricultural products.The quality and safety of agricultural products are closely related to people’s life and health,and have long been a hot topic of public concern.With the continuous improvement of people’s material living standards and the continuous deepening of citizens’ health concepts,people’s requirements for the quality and safety of agricultural products are also increasing.However,in recent years,safety incidents of edible agricultural products such as"red heart duck eggs","lean meat powder"and“sulfur ginger”have emerged in an endless stream,and have brought about serious social impacts,resulting in a sharp decline in the social trust of agricultural products in China.Worried.Faced with this reality,the quality and safety enforcement of agricultural products must be continuously developed to meet the needs of the new situation.In the first part of the thesis,80 cases of typical law enforcement supervision cases in the rural and rural areas were taken as the entry point,and the case analysis was carried out to conduct extensive and in-depth analysis of the cases.Firstly,the basic situation of the case is introduced from the time dimension and the spatial dimension.Then,in the form of a chart,the statistics and analysis of the specific types of illegal behaviors,the source of the case,the method of closing the case,the amount of fines,and the basis of law enforcement are carried out.The following discusses the current problems in the quality and safety enforcement of agricultural products and lays a solid factual basis.The second part of the thesis,based on 80 typical law enforcement supervision cases,found that the current agricultural product quality and safety law enforcement issues are mainly reflected in the following aspects:the enforcement procedures do not consider the differences in agricultural products.The characteristics of different agricultural products are different,and the current law enforcement procedures are across the board,resulting in poor enforcement of law enforcement;administrative fines are arbitrary in their application.The same organ has different punishments for the same illegal acts and different organs for the same illegal acts,which is not conducive to the fairness of the case,and the administrative discretionary space needs to be restricted;law enforcement imposes penalties and contempt for governance,and the aftermath of law enforcement is insufficient.The quality and safety of agricultural products and environmental pollution are inseparable.The current law enforcement activities lack the concept of environmental governance,which is likely to cause"secondary harm"to the environment;the specific use of administrative agencies in the transfer of cases to the judicial organs,especially the transfer of evidence.Different standards have led to poor connection between law enforcement and the judiciary.The withdrawal of the administrative organ after the transfer of the case also violates the legislative principle.The second part of the thesis then analyzes the deep-seated causes of the above problems.First,China’s agricultural product quality and safety law enforcement laws and regulations are outdated and lack of supporting measures,it is difficult to adapt to the actual development and the people’s growing demand for safe food.Second,there is a large amount of information asymmetry in the agricultural product production chain,which objectively increases the difficulty of supervision.In the third part of the thesis,based on the advanced foreign measures and the in-depth analysis of the selected cases,this paper constructs some measures to correct the current agricultural product quality and safety law enforcement system and improve the effectiveness of law enforcement.First,it is necessary to refine the design of law enforcement procedures from the legal level,design law enforcement procedures according to the characteristics of different agricultural products,and achieve efficient law enforcement.Accelerate the revision of the "Agricultural product quality safety law" and the promulgation of supporting measures,handle the connection between the "Agricultural product quality safety law" and the "Food Safety Law",and further rationalize the relationship between the "Agricultural product quality safety law" and the "Food Safety Law";second,the government must We will take measures to strengthen the disclosure of agricultural product quality and safety information,so as to break the stalemate in information asymmetry in agricultural products market.Third,through the legislative spirit,legislative purposes,discretionary benchmarks and the exercise of normative administrative discretion,the case fairness is maintained.Fourth,learn from the experience of foreign law enforcement,increase penalties,innovate punishment mechanisms,and form law enforcement deterrence;Fifth,strengthen the after-treatment of illegal agricultural products to avoid secondary pollution to the environment.In addition,adhere to the combination of "punishment and education" to avoid the second violation of the law by the parties;sixth,through the smooth transition of administrative evidence and criminal evidence,strengthen the cooperation between the administrative organs and the judicial organs,and achieve an orderly and efficient "two-way convergence".In other words,on the basis of the provisions of Article 52,paragraph 2 of the Criminal Procedure Law,the research on the transformation of evidence is targeted.Law enforcement and the judiciary must work together in the field of quality and safety of agricultural products to form a legal network to combat illegal activities of agricultural products,so as to effectively curb illegal activities,and administrative law enforcement can truly be done without leakage.