刍议逃避动植物检疫罪

逃避动植物检疫罪,是指自然人或者单位违反进出境动植物检疫法规的规定,逃避进出境动植物检疫,过失地引起重大动植物疫情的行为.犯罪客体是国家对进出境动植物检疫的管理秩序;违反进出境动植物检疫法规的规定应采用狭义的理解;犯罪的主观方面只能是过失.该罪应当放在破坏环境资源保护罪中,其罪名应当修改为逃避进出境动植物检疫罪.

Discussions on the Crime of Dodging Animal and Plant Quarantine

The crime of dodging animal and plant quarantine refers to the wrong-doing of a natural person or an artificial person, who goes against the regulation and dodges animal and plant quarantine at entry and exit inspection office, thus negligently causing wide spread of animal or plant diseases. The criminal object is the administrative order of animal and plant quarantine at entry and exit inspection office by the state; the stipulation about the violation of the regulation concerning this crime should be understood in a narrow sense; the crime should be confined only to negligence for its subjective element, be grouped into the category of the crime of undermining environmental and resources protection; and the crime should be renamed as the crime of dodging animal and plant quarantine at entry and exit inspection.