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《中国动物检疫》杂志1998年第3期上刊登了上海市铁路兽医卫生检疫站陈宙同志的“运用法律手段解决行政执法过程中的民事纠纷”的报道。笔者作为同行,觉得似乎不妥,愿与陈宙同志作一探讨,以促进动物防疫事业在法制轨道上健康发展。笔者认为,畜(货)主拒付检疫、消毒费,属于违反《动物防疫法》的违法行为,应由《动物防疫法》及其配套法律、法规约束,而不应定性为民事纠纷,适用民事法律的调整。一、检疫与收费是一个行政行为,拒付检疫费就是抗拒检疫。《动物防疫法》第三十四条
In the third issue of “China Animal Quarantine” magazine published in 1998, Comrade Chen Zhou of Shanghai Railway Veterinary Sanitary and Quarantine Station reported on “using legal means to solve civil disputes in the process of administrative law enforcement.” As a colleague, I think it seems improper and is willing to make a discussion with Comrade Chen Zhou in order to promote the healthy development of the cause of animal epidemic prevention on the legal track. The author believes that livestock (stock) refuse to pay the quarantine, disinfection fees, is a violation of the “Animal Epidemic Prevention Law” of the illegal act should be “Animal Epidemic Prevention Law” and its supporting laws and regulations, not as a civil dispute, the application Adjustment of civil law. First, quarantine and charges is an administrative act, refusing to pay the quarantine fee is to resist quarantine. Article 34 of the Animal Epidemic Prevention Law