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新《中华人民共和国种子法》(以下简称《种子法》)从法律制度上空前地强化了植物新品种权行政执法。本文针对目前植物新品种权行政执法中存在的一些错误认识及问题和困难,分析了植物新品种权行政执法既是履行新《种子法》的法定要求,又是由其内在特点和需求所决定,也符合国际普遍做法和政府转变职能需要,并提出了专门立法保护植物新品种权、完善行政执法途径以及加强执法体系建设等政策措施建议。
The new “Seed Law of the People’s Republic of China” (hereinafter referred to as the “Seed Law”) has strengthened the law enforcement of plant new variety rights unprecedentedly from the legal system. In view of some misunderstandings and problems and difficulties existing in the current executive law enforcement of plant variety rights, this paper analyzes that the executive law enforcement of new plant variety rights is not only the legal requirement of fulfilling the new “seed law” but also determined by its inherent characteristics and needs, It also meets the needs of international common practice and government transformational functions, and proposes specific legislative proposals on the protection of plant variety rights, improvement of administrative law enforcement channels and strengthening of law enforcement system and other policy measures.