| As one of the "two pillars" of agriculture,livestock and poultry breeding mainly refers to livestock and poultry breeding activities such as pigs and beef cattle,which account for a relatively large proportion of animal husbandry.With the continuous development of the livestock and poultry breeding industry,the consequent pollution problem of livestock and poultry breeding is also becoming more and more serious.Compared with traditional point source pollution,livestock and poultry breeding pollution has the characteristics of combining point source and non-point source,inseparable production and life,and relative pollution.In view of this,strengthening the prevention and control of livestock and poultry breeding pollution is not only conducive to preventing pollution of various environmental factors,but also helping to improve the rural living environment and promote the green development of livestock and poultry breeding.In recent years,China’s attention to the prevention and control of livestock and poultry breeding pollution has become higher and higher,relevant laws,regulations and policies have been continuously introduced,and the corresponding pollution prevention and control management level has also been significantly improved.However,at present,there are still some problems in the prevention and control of pollution from livestock and poultry breeding.Through the sorting and analysis of 100 sample cases of administrative litigation in livestock and poultry breeding,it was found that the main problems were: First,the positioning of the management body was confused,that is,the positioning of the township government was not clear,the positioning of the dispatch agency of the municipal ecological and environmental department was not clear,and the positioning of the comprehensive law enforcement agency was unclear.Second,the provisions for various types of management objects are incomplete.It mainly includes two detailed problems: the lack of unified identification standards for large-scale aquaculture and the lack of special management norms for non-large-scale aquaculture.Finally,the irregularity in the exercise of specific management powers is specifically manifested in the confusion in the application of administrative orders and irregular procedures for the exercise of administrative punishment powers.In view of the above-mentioned legal issues,put forward targeted legal improvement suggestions.First of all,for the problem of chaotic positioning of management entities,it is necessary to clarify the positioning of the township(town)government as the management body,clarify the management subject positioning of the institutions dispatched by the municipal ecological environment departments,and clarify the management subject positioning of the comprehensive ecological environment law enforcement agencies.Secondly,to solve the problem of incomplete regulations on management objects,it is necessary to clarify the identification standards for unified large-scale breeding in provinces,and it is also necessary to clarify the management requirements for the prevention and control of pollution from non-large-scale aquaculture.Finally,to regulate the exercise of specific management powers,it is required to standardize the specific application of administrative orders,clarify the characterization of administrative orders involved in the prevention and control of pollution from livestock and poultry breeding,standardize the procedures for the exercise of administrative punishment powers from both hearings and notices,and clarify the basis for the exercise of the compulsory demolition rights of livestock and poultry farms. |
