The Regulations of Guangzhou Municipality on Prohibition of Overeating of Wild Animals was passed by voting--
20 times fine for the highest illegal game
The thirty-fifth meeting of the Standing Committee of the 15th Guangzhou Municipal People's Congress voted and passed the "Regulations on the Prohibition of Wild Animal Eating in Guangzhou" (hereinafter referred to as the "Regulations"). Compared with the previous consultation draft, the "Regulations" has added provisions for public officials, stipulating that public officials, advanced model figures, and public figures should play an exemplary role in the prohibition of wild animal eating. If a public official violates the regulations and eats wild animals, he shall be punished by the relevant administrative department and transferred to the supervisory authority to pursue relevant responsibilities.
Text / Wei Lina, full-media reporter of Guangzhou Daily
1. Terrestrial wild animals raised by artificial breeding are also fasted
The "Regulations" stipulates that in the administrative area of Guangzhou, the consumption of three types of wild animals is prohibited, including terrestrial wild animals that naturally grow and reproduce in the wild environment and artificially propagated and artificially raised terrestrial wild animals; national key protected aquatic wild animals ; Other wild animals prohibited from consumption by law. These regulations shall not apply to wild animals or artificial populations of wild animals managed in accordance with the Animal Husbandry Law of the People's Republic of China and the Fisheries Law of the People's Republic of China.
Before the implementation of the Regulations, it has been legally for the purpose of artificial breeding and artificial breeding of prohibited wild animals, the operation of prohibited wild animals and their products, the "Regulations" stipulates that the municipal and district people's governments and their relevant administrative departments shall Formulate relevant policies, guide and assist relevant units and personnel to adjust and transform production and business activities, and compensate according to the actual situation.
2. The maximum penalty for providing catering services over 10,000 is 30 times
The "Regulations" stipulates that if the provision of storage, intermediary and other services for the operation of prohibited wild animals and their products for the purpose of edible purposes, the market supervision and management department shall order the cessation of illegal acts, correct them within a time limit, confiscate the illegal gains, and impose A fine of more than three times and less than five times the illegal income; if there is no illegal income, a fine of not less than 30,000 yuan but not more than 50,000 yuan shall be imposed.
Catering service providers who purchase, store, process and sell prohibited wild animals and their products or provide food made from prohibited wild animals and their products shall be ordered by the market supervision and administration department to stop illegal activities and confiscate wild animals and their products For products and illegal income, if the value or value of the wildlife or its products is less than 10,000 yuan, it shall be fined not less than 100,000 yuan but not more than 150,000 yuan; if the value or value of the product is more than 10,000 yuan, the value or goods shall also be imposed. A fine of more than 15 times and less than 30 times the value; if the circumstances are serious, the license shall be revoked according to law.
3. The maximum fine of 20 times for the consumption of medicated meals
The "Regulations" stipulates that no unit or individual may consume or trade prohibited wild animals and their products in the name of medical diet.
Those under the state's key protection of wild animals and their products shall be fined more than five times and less than 20 times the value of the wild animals and their products, and a fine of more than ten times and less than 20 times the value of the organized eaters; For other wild animals not protected by laws and regulations, a fine of more than one and five times the value of the wild animal shall be imposed, and a fine of more than three and five times shall be imposed on the person who organizes the food; wild animals and their products prohibited from consumption in the name of medicated meals , Belonging to the state's key protection of wild animals and their products, and imposed a fine of more than five times and less than 20 times the value of the wild animals and their products.
4. The maximum penalty for illegal eaters and organized eaters is 20 times
The "Regulations" stipulates that in the event of eating wild animals in restaurants, restaurants, canteens, farms, clubs and other business establishments, the market supervision and management department shall order to stop illegal activities.
In terms of punishment, if it belongs to the state's key protection of wild animals and their products, a fine of more than five times and less than 20 times the value of the wild animals and their products shall be imposed, and a fine of more than ten times and less than 20 times the value of the organizers; For wild animals or other wild animals not protected by laws and regulations, a fine of more than one and five times the value of the wild animals shall be imposed, and a fine of more than three times and less than five times shall be imposed on those who organize food.
5. The maximum penalty for breeding wild animals for food purposes is five times
In order to curb the source, the "Regulations" stipulates that, for the purpose of edible purposes, artificial breeding and artificial breeding of prohibited state-protected wild animals shall be subject to a fine of three times or more than five times the value of wild animals and their products; Artificial breeding and artificial breeding of prohibited non-state key protected wild animals shall be subject to a fine of more than twice the value of wild animals and their products shall be less than three times the value; artificial breeding and artificial breeding for the purpose of prohibiting consumption of wild animals not protected by laws and regulations For animals, a fine of more than twice the value of wild animals and their products shall be imposed.
6. The procuratorial organ may file an administrative public interest litigation according to law
The "Regulations" stipulates that in the process of performing their duties, the procuratorial organs discover that the relevant departments illegally perform their duties or omissions prohibiting the excessive consumption of wild animals and infringe the national interests and public interests, they should submit procuratorial suggestions to the relevant departments and urge them to perform according to law Responsibilities: If the relevant department fails to perform its duties according to law, it shall file an administrative public interest litigation according to law.
In the course of performing their duties, the procuratorial organs may find that a unit or individual violates the provisions of these regulations and damages the public interest of the society, and may file a civil public interest litigation according to law.
"Rigidity" under the rule of law to eliminate the abuse of wild food and game
The reporter learned that the Legal Work Committee of the Standing Committee of the Guangzhou Municipal People's Congress has extensively solicited opinions from all walks of life and government functional departments, invited legal experts and wildlife protection experts to conduct scientific demonstrations, and consulted the Legal Work Committee of the Provincial People's Congress Standing Committee. Carefully sorted out more than 320 letters from all walks of life and sorted out more than 400 opinions. The Legal Work Committee of the Standing Committee of the Guangzhou Municipal People's Congress has absorbed the opinions of all parties and actively responded to social concerns to ensure that the "Regulations" not only meet the requirements of the higher laws of the country and province, but also conform to the actual conditions of Guangzhou and reflect the characteristics of Guangzhou.
In view of the profound culture of traditional Chinese medicine in Guangzhou, Article 6 of the Regulations stipulates that no unit or individual may consume or sell prohibited wild animals and their products in the name of medicated diet. Prohibited consumption of wild animals and their products as pharmaceuticals shall comply with laws and regulations governing pharmaceutical administration.
The "Regulations" focus on improving public governance and promote social co-governance as a breakthrough point, and design various systems and regulations based on the source problem of prohibiting the excessive consumption of wild animals. Several articles need to be written to ensure that the articles are effective Works. The "Regulations" has a strict and reasonable structure, specific and clear provisions, strong pertinence and high enforceability, which can not only guide law enforcement departments to enforce law effectively, but also facilitate the masses to understand and master, and effectively solve the problem of the implementation of the "last mile" of the upper law.