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随着我国能源需求日益增长,特别是原油、燃料油、柴油等油品的进出口量逐年上升,进出口油品偷盗、倒卖、走私等违法事件屡屡发生。为了调查处理这些案件,出入境检验检疫局和海关等国家行政执法机关经常运用多种调查手段,而油品鉴定就是其中一项重要的取证途径。笔者结合日常工作,从法律角度,就油品鉴定结论的合理地位、合法性条件、在行政执法中的法律适用等问题做浅显的探讨和论证。
With the increasing demand for energy in our country, especially the import and export volume of oil products such as crude oil, fuel oil and diesel oil have risen year by year, the illegal incidents of theft, reselling and smuggling of import and export oil products have occurred frequently. In order to investigate and deal with these cases, CIQI and the Customs and other state administrative law enforcement agencies often use a variety of investigative techniques, and oil identification is one of the important ways of obtaining evidence. The author combines daily work, from the legal point of view, the reasonable status of the conclusion of the oil, the legitimacy of the law in the administrative law enforcement and other issues to do a simple discussion and demonstration.