动物卫生监督执法中自由裁量权的合理应用

正自由裁量权是指行政机关在法律规范明示或默示范围内,基于行政目的,自由斟酌选择自己认为正确的行为的权力。动物卫生监督自由裁量权是指动物卫生监督机构在法律法规规定的原则和范围内,执法人员根据具体情况和自己的评价对违法行为确定适当范围、方式和手段的行政行为。动物卫生监督执法体系涉及大量行政处罚条款和自由裁量权限,在实际工作中如何分析把握影响因素,严格规范自由裁量权的行使,对公正、合理执法具有重要意义。     

论动物检疫监督行政处罚自由裁量权的程序控制

随着现代畜牧业经济快速发展,动物及动物产品交易日益频繁,动物卫生监督执法机构监管能力和权限范围不断扩大,其所享有的行政处罚自由裁量权也随之增加。它的存在是提高行政效率之必需,但要实现行政法治,又必须加以控制。因此,深入研究动物检疫监督行政处罚自由裁量权的控制办法,对树立兽医行政执法机关的权威和保护行政管理相对人的合法权益都具有一定的理论和实践价值。现结合工作实际,谈些个人看法:1行政处罚自由裁量权的含义及行使原则行政处罚自由裁量权是一个法理上的概念,是指行政主体在法律规定的范围和幅度内,基于法律规定的目的和…     

动物防疫监督中自由裁量权的把握

在动物防疫监督执法过程中．执法人员经常遇到行政自由裁量权的问题．执法人员应根据违法情节轻重决定处罚力度．但在实际执法工作中．仍存在自由裁量失当的问题．有的处罚过重．损害了畜货主的合法权益．常引起投诉事件的发生：有的处罚太轻．起不到应有的处罚效果。在动物防疫监督执法中如何正确运用行政自由裁量权．笔者谈几点粗浅的看法．供同行商讨。     

动物卫生监督行政处罚自由裁量权的自我规制

规制行政处罚自由裁量权对推进动物卫生监督机构法制建设、构建良好动物防疫监管秩序意义重大。当前规制行政处罚自由裁量权的主流方法存在酌定情节范围难界定、裁量情节比重不明确、自由裁量滥用风险大、裁量结果不精准等短板。建议动物卫生监督机构引入利益衡量理念,设置裁量"脱逸"出口,健全配套保障机制,以便合理行使行政处罚自由裁量权。     

动物卫生监督执法工作中存在的问题及对策

随着我国"依法行政"、"建设法治政府"时代的到来,行政执法监督工作得到了更多重视,在行政决策、法律事务处理等方面发挥了重要作用。动物卫生监督执法作为行政执法监督工作的重要组成部分,与社会生活紧密相连,是公共食品安全与卫生安全的一项重要保障。但是,现阶段动物卫生监督执法中还存在着执法力度不足、执法质量不高及执法环境不良等问题。如何正确认识这些因素,找出切实可行的对策,对于充分发挥执法监督功能具有重大意义。本文结合工作实际,分析动物卫生监督执法现状及存在的主要问题,提出解决措施,以求规范执法行为、提高执法水平、优化执法环境、加强法制宣传教育,确保依法行政工作顺利进行。     

动物卫生监督执法应注意的问题

动物卫生监督执法是兽医部门的职责,是做好重大动物疫防控和畜禽水产品质量安全监管工作的重要保障。如何规范实施动物卫生监督执法,确保动物卫生监督执法的有效性,本文提出在执法过程中必须做到执法主体、执法实体、执法程序合法,同时注意处罚自由裁量限定及执法公开性原则等观点。     

动物卫生监督机构常用的行政强制种类和程序

行政强制是动物卫生监督行政执法的重要内容和手段,本文系统地阐述了动物卫生监督机构常用的行政强制种类和程序的法律依据并分析了《行政强制法》的实施对动物卫生监督执法工作的影响。严格按照《行政强制法》规定的程序,实施实体法赋予的行政强制权,对于规范动物卫生监督行政执法行为,保障公民合法权利,维护社会和谐稳定具有重要作用。     

对动物防疫监督执法中行使"自由裁量权"的探讨

尽管《动物防疫法》颁布实施五年多，动物防疫监督执法体系已基本形成，但其配套的法律法规不够完善，有些法律条款的规定不够明确，对参与动物防疫监督执法的“执法官”而言，如何准确把握“自由裁量”的问题，已成为动物防疫监督执法中必须解决的重要问题。１可使用“自由裁量权”的几种情况１．１对处罚种类选择的自由裁量《动物防疫法》及法规、规章中对被处罚对象的处罚种类主要有：警告、没收（违法产品、非法收入）、罚款、吊销许可证（动物防疫合格证等）；责令停产或停业整顿。在个案处理中，具体选择哪种或哪几种处罚种类，必须以…     

浅谈宁洱县动物卫生监督执法中存在的问题及对策

动物卫生监督执法是行使动物防疫、检疫职能职责和监督管理兽药、饲料市场及其对畜禽规模养殖场(户)做好养殖环节监管的一项重要工作,是保障动物源性食品安全和公共卫生安全的重要手段.针对宁洱县动物卫生监督执法存在执法人员不足、经费紧缺、执法力度不够、信息化管理落后等问题,提出了如何强化动物卫生监督执法的对策与措施.     

动物卫生监督行政处罚中的自由裁量权

动物卫生监督行政处罚自由裁量权是指动物卫生监督机构在法律法规规定的范围内,结合法律的规则和内容,根据具体情况和客观实际,对涉嫌违法的行为决定是否处罚、如何处罚等进行选择的一项权力。自由裁量权由法律赋予,具有灵活和难以把握得当的特点。当它被滥用时,极具隐蔽性,这会导致一些随意执法行为的发生,从而引发当事人上访、诉讼、复议,甚至启     

Anaesthesia and analgesia of the donkey and the mule

The number of donkeys and mules throughout the world is stable, and awareness of their use and concern for welfare, pain recognition and treatment are receiving increasing veterinary interest. Therefore, accurate information about anaesthesia and analgesia in donkeys and mules is important to ever more equine practitioners. Since donkeys are physiologically and pharmacologically different from horses, knowledge on species specific aspects of anaesthesia and analgesia are very important. Mules combine elements from both donkey and horse backgrounds, leading to great diversity in size, temperament and body type. Physiologically, they seem to resemble horses more than donkeys. This review highlights the current knowledge on various anaesthetic and analgesic approaches in donkeys and mules. There is still much information that is not available about donkeys; in many circumstances, the clinician must use available equine information to treat the patient, while monitoring carefully to observe for differences in response to therapy compared to the horse.     

The behavior and the husbandry conditions of small laboratory animals--possibilities and limits of the evaluation of the appropriateness and fairness of the treatment of animals

Ethological studies are important means to evaluate the behaviour of small laboratory animals (mouse, rat, guinea-pig and rabbit) and their housing conditions. At any rate, the only sparse range of body expressions, the smallness and preference of night activity of these animals and the erratic occurrence of essential behaviour patterns make the investigations more difficult. On the other hand, the standardization of laboratory housing and the genetic definition of these animals turn out to be favourable. By this way, behaviour-environment-relationships are suitable for evaluation. Taking into consideration methodical and biological restrictions, the specific activities such as fight, relaxed resting behaviour and play as well as unbalanced behaviour patterns and stereotypes can be taken as means of evaluation. Particularly in mice and rabbits, upright position and space consuming activities will be possibly restricted by cage sizes.     

Ultrasonographic examination of the caecum and the proximal and spiral ansa of the colon of cattle

The large intestine of 10 cows was examined from the right abdominal wall with a 3.5 MHz linear transducer. The cows were then slaughtered, and the organs were re-examined in a water bath. The caecum was visualised from the middle region of the abdominal wall. It ran caudo-cranially, varied in diameter from 5.2 to 18.0 cm and was situated immediately adjacent to the abdominal wall. The lateral wall of the caecum appeared as a thick, echogenic, crescent-shaped line. It could be visualised as far cranially as the 12th intercostal space. Although its junction could not be identified, the proximal ansa of the colon was recognised on the basis of its anatomical position and its diameter, which was smaller than that of the caecum. The spiral ansa of the colon and the descending colon were situated dorsal to the caecum and could be identified by moving the transducer horizontally along the abdominal wall to the last rib. The spiral ansa of the colon was situated ventral to the descending colon, and its walls appeared as thick echogenic lines. In a contracted state, the spiral colon had the appearance of a garland.     

Relation between the concentration of sodium and potassium in the erythrocytes of dairy cows and the concentration of these elements in the plasma and urine and the level of blood glucose

Blood and urine samples of 180 dairy cows from 12 herds were examined. Sodium and potassium concentrations were determined in erythrocytes, whole blood, plasma, urine, and glucose concentration in blood: the interrelations were compared. Sodium and potassium concentrations in erythrocytes were 85.15 +/- 11.45 mmol/l, and 25.93 +/- 7.81 mmol/l, respectively. A statistically significant relation was found between sodium and potassium concentrations in erythrocytes (r = 0.3467+++) and the content of electrolyte in blood cells and in whole blood (Na: r = 0.5336+++; K: r = 0.3561+++). No statistically significant relation of intraerythrocyte concentration of both electrolytes was confirmed with respect to the other characteristics (sodium and potassium concentrations in plasma and urine, and glucose concentration in blood). In the conditions of routine laboratory diagnostics in clinically healthy cows, determinations of intraerythrocyte sodium and potassium do not broaden possibilities of evaluating the metabolic state of these electrolytes and cannot be used as the characteristics of energy insufficiency. The cannot replace the analyses performed in serum and urine.     

Effects of age and diet on the development of the pancreas and the synthesis and secretion of pancreatic enzymes in the young pig

Effects of age and diet composition on amylase, trypsin and chymotrypsin activities in the pancreas and intestinal contents, pancreas weights and body weights were determined from birth to 56 d. A total of 120 pigs, five to seven pigs/litter from 18 litters, were slaughtered at birth, 14, 27, 29, 31, 42 and 56 d. Litters were allotted to dietary treatments (corn-soy, A; corn-soy + 20% dried whey, B; corn-soy + 5% lard, C) and offered these diets as creep feed at 14 d. All pigs were weaned at 28 d, placed in elevated nursery pens and fed their respective diets. Total activities of amylase, trypsin and chymotrypsin in the pancreas and small intestine increased (P less than .05) with age. Both trypsin and amylase activities, measured per kilogram body weight or gram pancreas weight, were low at 29 d in the intestine and increased to 56 d. Pigs on diet B had the highest level of trypsin and chymotrypsin in the intestinal contents (P less than .05). Trypsin activity in the pancreas (units/kg body weight) was lowest (P less than .05) for pigs on diet B and highest (P less than .05) for those on diet C (units/g pancreas and units/kg body weight). Amylase activity (units/kg body weight) was lower (P less than .05) in the pancreas for pigs on diet B than for those on diets A and C. Pigs on diet A had lower (P less than .01) intestinal amylase activities than those on diets B and C. Enzyme activities in the intestinal contents and pancreas were low following weaning. In the pancreas, activities decreased at 31 d.(ABSTRACT TRUNCATED AT 250 WORDS)     

貉,蓝狐,银狐的胃及十二指肠内嗜银细胞形态分布的研究

本文应用Ｆｏｒｔａｎａ—Ｍａｓｓｏｎ嗜银颗粒染色法研究了貉、蓝狐、银狐的胃及十二指肠内嗜银细胞的形态分布。结果表明：三种动物胃幽门腺中，嗜根细胞数量最多，呈锥状，嗜银颗粒较粗，密度大、染成深黑色。在胃底及胃贲门腺区、嗜银细胞数量少。在十二指肠部嗜银细胞呈蝌蚪形，嗜银颗粒细，呈黑褐色，密度较小。嗜银细胞的分布密度在三种动物中具有一定的差别。     

Liquid flow and capacity of the caecum and colon of the horse

The rate of flow of fluid from the caecum and from the large colon was measured in four Shetland-type ponies fed a hay diet. In two ponies with cannulas in the caecum and at the origin of the right ventral colon, a continuous intracaecal infusion of a solution of chromium EDTA was used and samples were obtained from the cannula at the origin of the right ventral colon. Based on four determinations, the liquid flow from the caecum was 54.2 +/- 1.89 litres d-1. In the other two ponies with cannulas in the origin of the right ventral colon and near the end of the right dorsal colon, a continuous infusion of chromium EDTA was made into the right ventral colon and samples were obtained from the right dorsal colon. The flow rate towards the end of the dorsal colon was 49.4 +/- 1.25 litres d-1, based on four determinations. The capacities of the caecum and large colon after death were 7.0 +/- 0.8 and 17.7 +/- 3.7 litres, respectively.     

Conduction velocities and reflexes of the proximal and distal parts of the saphenous nerve of the dog

The maximal conduction velocities of compound-action potentials in the proximal and distal parts of the saphenous nerve were determined by averaging potentials evoked and recorded through needle electrodes. Antidromic, triphasic compound-action potentials unipolarly recorded from the distal part of the saphenous nerve were of the same minimal latency as potentials having 4 phases which were recorded bipolarly from the same site. However, the unipolarly recorded potentials were of greater amplitude. Monophasic compound-action potentials were recorded through bipolar chlorided silver electrodes from the surface of fascicles of the distal part of the saphenous nerve. The maximal conduction velocity of these potentials was in agreement with the conduction velocity of compound-action potentials of the distal part of the saphenous nerve which were evoked and recorded through subcutaneous needle electrodes. The specificities of the stimulating and recording sites were verified by recording before and after the saphenous nerve was cut between the stimulating and recording sites. Mean conduction velocities were 62.3 +/- 2.0 m/s for the distal part of the saphenous nerve and 66.3 +/- 2.2 m/s for the proximal part of the saphenous nerve. Reflex-evoked muscle activity was elicited in the ipsilateral tensor muscle of the fascia lata and semimembranous muscle after electrical stimulation of the saphenous nerve through subcutaneous needle electrodes. The effects of various stimulus intensities on the latency and duration of these reflex-evoked muscle potentials were determined.