一起兽药首违不罚案件的分析与探讨  

Analysis and Discussion on a Case of No Punishment for First Violation in Veterinary Drug Operation

作　　者：陈爽 刘江伟 吴文鹏 吉鸿武 付鹏 Chen Shuang;Liu Jiangwei;Wu Wenpeng;Ji Hongwu;Fu Peng(Beijing Agricultural Comprehensive Law Enforcement Corps,Beijing 100088,China)

机构地区：[1]北京市农业综合执法总队,北京100088

出　　处：《中国动物检疫》2025年第1期44-48,共5页China Animal Health Inspection

摘　　要：2023年7月,北京市农业执法机关收到一份兽药检测不合格报告,显示在本市某兽药经营企业抽样的1批次进口兽用疫苗产品,安全性检验不符合规定。经立案调查,当事人经营劣兽药的违法事实存在。执法机关结合案件情节,对当事人作出了不予行政处罚的决定。本文介绍了案件的来源、调查经过和处理意见,分析了案件特点和争议,并对进口兽用疫苗质量把控、企业权益保障和处罚裁量设定进行了思考,针对存在的问题提出了建议,以期为兽药执法工作提供参考。In July 2023,a report about veterinary drug test with unqualified results was received by Beijng agricultural law enforcement authority,stating that one batch of imported veterinary vaccine products in a sampled drug enterprise failed to meet the requirements of safety test in the city.It was filed and investigated that the illegal fact was available,where inferior veterinary drugs were operated by the party involved,but who was not imposed administrative penalty as decided by the authority taking into account details of the case.Here,the source as well as investigation process and opinions to handle the case was introduced,the characteristics and disputes of the case were analyzed,the quality control for imported veterinary vaccines,protection of enterprise rights and interests as well as application of punishment discretion were considered,and recommendations were proposed,hoping to provide a reference for law enforcement in the field of veterinary drugs.

关 键 词：首违不罚 兽药经营 兽药行政处罚 柔性执法 

分 类 号：S851[农业科学—预防兽医学]