| In recent years,frequent events,from poultry bird flu outbreak to seriously affect the meat market supply of African swine fever outbreak to animal infection COVID-19 virus outbreak,every animal outbreak,to the national and global People’s Daily life,social daily operation and rapid economic development have caused different degree of negative impact.Animal health and epidemic prevention has become a hot topic of general social concern.Since the State Council institutional reform in 2018,after the comprehensive administrative law enforcement reform and the revision of the animal epidemic prevention law act,the animal epidemic prevention law enforcement functions into the department in charge of agriculture and rural areas,supervision and management of law enforcement duties by the animal health supervision institutions,return to the administrative department,the subject of administrative punishment are adjusted by animal health supervision institutions for the competent department of agriculture and rural areas,formed a new comprehensive administrative law enforcement system for animal epidemic prevention.Under the background of the comprehensive agricultural law enforcement reform and the new animal Epidemic prevention Law,this paper will discuss the current situation,problems and improvement of the comprehensive administrative law enforcement subjects of animal epidemic prevention.Law enforcement of animal epidemic prevention is the supervision and inspection of the production and operation of animals and animal products and other units and individuals related to animal epidemic prevention and control in the process of animal epidemic prevention.Through the study of China’s current legal system of animal epidemic prevention in China and the application of case study method,taking Y district of S Province as an example to analyze the practical pattern of the animal epidemic prevention law enforcement subjects in China,the practical dilemma of the animal epidemic prevention law enforcement subjects in China is reflected.It is concluded that there are three common problems in China: first,the lack of law enforcement organization,and the lack of administrative organization law system;the second,the professional technical auxiliary personnel and the legal status is not clear;the third,the connection between the law enforcement needs and the law enforcement subject and the original department and other departments;the fourth,an effective legal supervision system is not established for the animal epidemic prevention.The problem is the focus of our reform.We should fully draw on the successful experience of law enforcement subjects in Germany and the United States: a sound legal system,wide coverage,strong operability,clear authority and clear responsibilities.In the future,the administrative law enforcement subject of animal epidemic prevention in China can be improved from the following aspects:The first is to speed up the national legislative progress,improve the legal basis of the administrative law enforcement subject for animal epidemic prevention,improve the legislative level of the law enforcement,and strengthen the legitimacy of the law enforcement agencies;the second is to standardize and reduce the power of the law enforcement subject;the third is to construct a comprehensive,effective and supervision mechanism;the fourth is to strengthen the construction of the law enforcement personnel for animal epidemic prevention. |
