In 2020, the Fisheries and Fisheries Administration Bureau of the Ministry of Agriculture and Rural Affairs organized and carried out the file review of fishery administrative law enforcement. The Fishery and Fishery Administration Bureau organized experts from the Fishery Law and Regulations Research and Consultation Center (Shanghai Ocean University School of Marine Culture and Law), and the Fishery Law Enforcement Research and Consultation Center (Dalian Ocean University School of Marine Law and Humanities). Five aspects including application, law enforcement procedures, and document production have conducted a comprehensive review of the case files. Recently, the Ministry of Agriculture and Rural Affairs issued the”Circular on the Review and Investigation of Fishery Administrative Law Enforcement Case Files in 2020″ (hereinafter referred to as the”Notice”), and announced the results of the file review. The results show that after the two links of preliminary evaluation and review, a total of 78 excellent files of fishery administrative law enforcement have been selected.
All provinces, autonomous regions, municipalities directly under the Central Government, and cities under separate state planning have submitted 125 volumes to the Bureau of Fisheries and Fisheries Administration of the Ministry of Agriculture and Rural Affairs to participate in the evaluation on the basis of organizing the review of the case files of their respective jurisdictions The overall filing of the case file is in good condition. Judging from the reported case files, the types of cases filed in 2020 are relatively rich, and the causes include illegal fishing, illegal acquisition or sale of catches, illegal hunting and killing, and operating and using aquatic wildlife, illegal breeding, aquatic product quality and safety, and violations of safety production. Related laws and regulations.
Judging from the review of the case file by experts, Beijing, Hebei, Shanghai, Jiangsu, Zhejiang, Fujian, Shandong, Hunan, Guangdong, Yunnan, Qingdao, Ningbo, Xiamen , Shenzhen and other provinces (cities) have a relatively high degree of standardization. However, during the evaluation work, it was also found that there were omissions identified by the parties in the preparation of the case files in some areas, unclear fact investigations, insufficient evidence, evidence that did not meet the formal requirements, inaccurate and irregular application of laws, omissions in law enforcement procedures, seizures, seizures, etc. The application of the measures did not comply with legal requirements, and there were problems such as typos and irregular production of documents.
The”Notice” requires that fishery administrative law enforcement and case file production are important standards for testing the law enforcement level of fishery law enforcement officers, and it is also an important standard for fishery administration teams to achieve strict, standardized, fair and civilized law enforcement An important manifestation of. The 78 excellent case files selected in this case file review are now notified for the study and reference of fishery and fishery administration departments at all levels and fishery administration law enforcement agencies. Please make full use of the excellent case files to carry out analysis and training activities, and combine the problems found in this review work to draw inferences from one another, find out the problems and deficiencies in the preparation of the case files in this jurisdiction, and further standardize fishery law enforcement behavior, case handling procedures and law application , Improve the level of case file production and the ability of law enforcement personnel to handle cases to ensure strict, standardized, fair and civilized law enforcement.