Procedures and steps of agricultural administrative law enforcement

Legal analysis: the competent agricultural and rural departments of the people's governments at or above the county level shall impose administrative penalties within the scope of their statutory functions and powers.

The comprehensive agricultural administrative law enforcement agencies established by the competent agricultural and rural departments of the people's governments at or above the county level shall undertake and exercise the functions of administrative punishment and administrative enforcement and administrative inspection related to administrative punishment, and uniformly enforce the law in the name of the competent agricultural and rural departments.

The fishery law enforcement agencies established by the competent agricultural and rural departments of the people's governments at or above the county level in coastal areas, rivers and lakes, border areas and other waters in accordance with the relevant provisions of the state shall undertake the functions of fishery administrative punishment and administrative law enforcement and administrative inspection related to administrative punishment, and enforce the law in the name of the competent agricultural and rural departments to which they belong.

The dispatched law enforcement agencies established by the competent agricultural and rural departments of the people's governments at or above the county level according to law shall, within the scope of authority determined by the dispatched departments, impose administrative penalties in the name of the dispatched departments.

The competent agricultural and rural departments at higher levels shall supervise the administrative penalties imposed by the competent agricultural and rural departments at lower levels according to law.

The competent agricultural and rural departments of the people's governments at or above the county level shall be responsible for supervising the administrative penalties imposed by agricultural comprehensive administrative law enforcement agencies, fishery law enforcement agencies or dispatched law enforcement agencies.

Agricultural administrative punishment organs shall, in accordance with the provisions of "Law Enforcement Organs and Judicial Organs Transfer Clues to Discipline Inspection and Supervision Organs", promptly transfer them to discipline inspection and supervision organs when they find clues of violation of discipline, law or crime in their work.

Legal basis: Regulations on Procedures of Agricultural Administrative Punishment

Article 2 These Provisions shall apply to the implementation of administrative punishment and related administrative law enforcement activities by agricultural administrative punishment organs.

The agricultural administrative punishment organs mentioned in these Provisions refer to the competent agricultural and rural departments of the people's governments at or above the county level that exercise the power of administrative punishment according to law.

Article 3 When implementing administrative punishment, the agricultural administrative punishment organ shall follow the principles of fairness and openness, and ensure that the facts are clear, the evidence is sufficient, the procedures are legal, the nature is accurate, the applicable laws are correct, the discretion is reasonable, and the documents are standardized.

Article 4 When implementing administrative punishment, agricultural administrative punishment organs shall adhere to the combination of punishment and education, and guide and educate citizens, legal persons or other organizations to consciously abide by the law through guidance and suggestions.

Article 5 Under any of the following circumstances, agricultural administrative law enforcement officers shall take the initiative to apply for withdrawal, and the parties concerned also have the right to apply for withdrawal:

(1) Being a party to the case or a close relative of the party;

(2) He or his close relatives have a direct interest in the case;

(3) Having other interests with the parties to the case, which may affect the fair handling of the case.

The withdrawal of the main person in charge of the agricultural administrative punishment organ shall be decided by the person in charge of the organ through collective discussion; The withdrawal of other personnel shall be decided by the principal responsible person of this organ.

Before the withdrawal decision is made, the person who voluntarily applies for withdrawal or is applied for withdrawal will not stop investigating and handling the case.

Sixth agricultural administrative law enforcement personnel in the investigation of agricultural administrative punishment cases, should show their agricultural administrative law enforcement certificates to the parties or relevant personnel, and wear law enforcement signs in accordance with the provisions.

Agricultural administrative law enforcement certificates shall be uniformly formulated by the Ministry of Agriculture and Rural Affairs, and the competent agricultural and rural departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the issuance and management of agricultural administrative law enforcement certificates in their respective regions.

Article 7 Agricultural administrative punishment organs at all levels shall fully implement the publicity system of administrative law enforcement, the record system of the whole process of law enforcement and the legality review system of major law enforcement decisions, strengthen the informatization construction of administrative law enforcement, promote information disclosure and improve the efficiency of administrative punishment.

Article 8 The competent agricultural and rural departments of the people's governments at or above the county level shall impose administrative penalties within the scope of their statutory functions and powers.

The comprehensive agricultural administrative law enforcement agencies established by the competent agricultural and rural departments of the people's governments at or above the county level shall undertake and exercise the functions of administrative punishment and administrative enforcement and administrative inspection related to administrative punishment, and uniformly enforce the law in the name of the competent agricultural and rural departments.

The fishery law enforcement agencies established by the competent agricultural and rural departments of the people's governments at or above the county level in coastal areas, rivers and lakes, border areas and other waters in accordance with the relevant provisions of the state shall undertake the functions of fishery administrative punishment and administrative law enforcement and administrative inspection related to administrative punishment, and enforce the law in the name of the competent agricultural and rural departments to which they belong.