对一起生猪屠宰执法败诉案的探讨

2019年1月,A县畜牧服务中心依法取缔一处生猪屠宰窝点。经立案调查,根据《动物防疫法》《生猪屠宰管理条例》等法律法规相关规定,对涉嫌未经定点从事生猪屠宰活动的当事人郭×给予没收5头生猪及猪肉产品,并处货值4倍罚款的行政处罚。郭×对处罚不服而提起行政诉讼,法院判决撤销行政处罚行为,畜牧中心重新作出处罚决定后,案件结案。本文对案件查办中的主体适格、货值计算、价格认定、逃避检疫责任追究、自宰自食认定等相关环节进行了分析,以期与广大同行探讨。

Discussion on a Defeat Lawsuit Concerning Law Enforcement against Pig Slaughtering

In January 2019,a pig slaughtering den was banned by the animal husbandry service center in a county according to laws.Upon investigation,Guo,the party concerned suspected of engaging in unlicensed pig slaughtering activities,was given an administrative penalty of confiscating 5 pigs and pork products as well as a fine of 4 times the value of the goods in accordance with the Law of the People's Republic of China on Animal Disease Prevention,Regulations on the Administration of Slaughtering of Pigs and other laws and regulations.Guo,however,filed an administrative lawsuit against the above penalty,the administrative penalty was thus canceled by the court,then the case was closed after a new penalty decision was made by the animal husbandry service center.The factors related to subject fitness,goods value calculation,price identification,investigation into evasion of animal inspection and quarantine as well as determination of slaughtering pigs for self consumption during the investigation into the case were analyzed,with a view to providing official veterinarians with a reference to carry out relevant law enforcement activities.