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【案例】某地农业局接到举报,称某农贸有限公司经营的“疫霜”是假农药。农业局按照有关程序收集了书证、物证等证据,据此对当事人进行行政处罚。【评析】农业行政机关对违法行为人给予行政处罚的基本要求是事实清楚、证据充分、适用法律法规正确、程序合法。证据充分是认定违法事实和行政机关正确适用法律法规的基础。本案农业部门按照证据收集基本原则,依法收集和制作形成的证据种类比较齐全,正是这些证据从不同的
[Case] A local Bureau of Agriculture received a report that a farmer’s limited company to operate the “Asthma cream ” is a fake pesticide. The Bureau of Agriculture collected evidences such as documentary evidence and material evidence in accordance with relevant procedures and accordingly imposed administrative penalties on the parties concerned. 【Comment】 The basic requirements of the agricultural administrative organ for giving administrative penalties to those who violate the law are that the facts are clear and the evidence is sufficient. The applicable laws and regulations are correct and the procedures are legal. The sufficient evidence is the basis for ascertaining the fact of illegality and the proper application of laws and regulations by the administrative organ. In accordance with the basic principle of evidence collection, the agricultural department of this case collects and produces evidence according to law to form a complete range of evidence. It is these different evidences