The Problems Of Animal And Plant Quarantine Law Enforcement And Suggestions For Improvement At The Tourism And Mail Inspection Port

In recent years,with the rapid development of economic globalization and international logistics,the tourism and mail inspection ports have also entered a stage of rapid development.The number of inbound passengers and mail items has increased year by year.Among them,there are many items that China is forbidden to carry or mail into the country.such as various living plant,fresh fruits and vegetables,living animal and meat,milk,egg etc..These Animal and plant-derived products have hardly passed any quarantine treatment does not have the official quarantine certificate of the exporting country.Once they enter our country,the pests and epidemic diseases they carry will also be introduced into China,threatening China's ecological security and the safety of agriculture,forestry and fishery production.The tourism and mail inspection ports are becoming a new way for the spread of biological and epidemic diseases in the international arena.How to maintain the quarantine line of tourism and mail inspection is a new challenge for quarantine work in China.Faced with the new quarantine problem,the inspection and quarantine institutions at the passenger's and postal inspection stations have done a lot of work in port construction.However,contradicting the increasingly risks of animal and plant quarantine is the lag of the animal and plant quarantine law enforcement.This paper intends to study the basis of animal and plant quarantine law enforcement currently at the passenger's and postal inspection port in China,find out the problems in relevant laws and regulations,and propose improvement measures.At present,China's animal and plant quarantine legislation is still stagnant 20 years ago.The main legal basis for law enforcement at the passenger' s and postal inspection ports is the Entry and Exit Animal and Plant Quarantine Law and its implementation regulations,which were successively implemented in 1992 and 1997,has not been modified so far.The departmental regulations and normative documents for tourism and mail items have been properly supplemented to the Entry and Exit Animal and Plant Quarantine Law and its implementation regulations,and have certain operability,but the legal effect is particularly insufficient.This paper uses the theory and practice,domestic and foreign comparative analysis,and related case analysis methods to deeply explore the blind spots and lag points of the current animal and plant quarantine law enforcement bases in China's tourism and mail inspection ports,draw on relevant practices outside the domain,and put forward some suggestions to improve the law enforcement of animal and plant quarantine in China.This paper is divided into four parts.The first part introduces the meaning,literature review and framework of the thesis.The second part introduces the status of animal and plant quarantine law enforcement at current stage at the tourism and mail inspection port in China,including the status of laws,regulations,departmental rules,normative documents and international treaties;The second part analyzes the problems and causes of the animal and plant quarantine law enforcement at China's current tourism and mail inspection port.The problems mainly include five points,Legislative purpose needs to be adjusted,A retrospective review of regulation is not enough,Regulation is not effective enough.The operability of regulation is poor,Relevant Regulation is missed,Responsibility and punishment mechanisms are inadequate.the causes include internal and external causes.The third part analysis the necessity of perfecting Law Enforcement Basis for Animal and Plant Quarantine at Ports.The fourth part put forward suggestions for perfecting the law enforcement of animal and plant quarantine inspection at China's tourism and mail inspection port,including:Adjust legislative purpose,Raise the Catalogue to departmental regulations or administrative regulations,Identify the vague places in the laws and regulations in the corresponding departmental regulations,Establish a regulation for follow-up supervision and Protection of law enforcement,Establish strict penalties and accountability mechanisms.This paper provides a theoretical reference for the further revision and improvement of the law enforcement basis for animal and plant quarantine in China,aiming at that the work of the revision and improvement of China's animal and plant quarantine law enforcement may be carried out as soon as possible.