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动物检疫与农业综合行政执法协作的法治化困境及路径

马志远

中国动物检疫2025,Vol.42Issue(12):59-64,6.
中国动物检疫2025,Vol.42Issue(12):59-64,6.DOI:10.3969/j.issn.1005-944X.2025.12.009

动物检疫与农业综合行政执法协作的法治化困境及路径

Dilemmas and Pathways of Legalization for the Collaboration Between Animal Quarantine and Agricultural Comprehensive Administrative Law Enforcement

马志远1

作者信息

  • 1. 上海社会科学院法学研究所,上海 200235
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摘要

Abstract

Collaboration between animal quarantine and agricultural comprehensive administrative law enforcement is an important agenda of legal governance,but challenged by dilemmas due to the tension between specialized supervision and comprehensive law enforcement.Specifically,under organizational law framework,the principle of integration of powers and responsibilities is deviated by institutional separation of supervisory and enforcement in horizontal power allocation;the principle of law reservation is negated by the absence of basis of organizational law for delegation of enforcement powers to local levels in vertical power allocation.Under behavioral law,the legality of collaborative behaviors is difficult to be accurately determined using the theory of succession of administrative illegality under substantive law,and the principle of due process is violated by the absence of procedural rules and their limited effectiveness.Under the accountability law system,disputes are available in the attribution of liability for violations involving multiple actors in collaboration.A reasonable accountability system should be constructed to advance the legalization of collaboration through adhering to the concept of a whole-of-government approach,clarifying the division of powers through legislation and power-responsibility lists,formulating departmental rules,improving procedural rules,and reshaping the criteria forjudging the legality of collaborative behaviors based on the theory of administrative process.

关键词

动物检疫/农业综合行政执法/执法协作/整体政府

Key words

animal quarantine/agricultural comprehensive administrative law enforcement/enforcement collaboration/whole-of-government

分类

农业科技

引用本文复制引用

马志远..动物检疫与农业综合行政执法协作的法治化困境及路径[J].中国动物检疫,2025,42(12):59-64,6.

中国动物检疫

1005-944X

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