Nanjing multi-department consultation "pet funeral home"
Upstairs are residents, across the road is a primary school, lawyer: legal business must not violate public order and good customs
Residents open a "pet funeral home" downstairs, leading to continuous reports of controversy (2)
The Yangtze Evening News reported not long ago that there were more than 6,000 households in a community in Henan, Nanjing, but a "pet funeral home" was opened at the north gate of the community, and the school district of the community was across the road from this store.
Now the residents can "fry the pot": "Don't you mean that funeral homes are not allowed around the school?" "Can you open a store without a business license?"... The reporter found in the interview that the emerging business format of "pet funeral" , there are gaps in both national and local laws, making it difficult to resolve many civil disputes.
At the same time, various problems in the industry need to be regulated.
The reporter learned that many departments in Nanjing are currently "consulting" the "pet funeral home".
Intern Luo Lingyan
Yangzi Evening News/Ziniu News reporter Xu Yuanyuan
Event Overview >>>
"Pet Funeral Home" opened downstairs in the community, citizens complained to multiple departments
On July 9, a group of owners of a community in the southwest of Henan, Jianye District, Nanjing, was suddenly "exploded" by one thing: "Someone opened a 'pet funeral home' in the shop downstairs in the community, and it has been renovated. It's almost there!" "Why do you want to open the funeral home downstairs in the community, and it is opposite to the school?" "We are not against the establishment of pet funeral homes, but against the establishment of shops downstairs in the community." The relics and ashes of pets, the elderly who live upstairs can’t accept it! To be honest, I have been so angry that I haven’t slept for three days!”…
The reporter immediately visited and found that the store is located at the north gate of the third phase of the community, and there is a red sign on the front of the gate, which reads "Guizhou Wine Industry".
From the outside, it doesn't look like it's a "pet funeral home".
But the reporter saw that the shop is decorated in a white minimalist style. There are many small semi-circular holes on one wall, and there is a circular platform in one place with a cross beside it.
Outside the store, there was a black Iveco with an incinerator inside and some ash in it.
The owner, Ms. Liu, told reporters that she had communicated with both the landlord and the shopkeeper before. The landlord expressed his willingness to withdraw the lease, but the shopkeeper did not agree.
"This problem we have encountered is very special, because there is no clear law to supervise pet hospice care and pet funeral. We have complained to many departments, and have studied many legal terms, and have been exploring. Currently waiting for Nanjing Replies from the Municipal Bureau of Agriculture and Rural Affairs, Civil Affairs and other departments. "We also have pets in our own homes, and we also want to give pets a good home, but such stores should have corresponding regulations to regulate their opening locations, opening regulations, etc. , such as how to prevent epidemics, how to incinerate, how to do it into the water, etc. Otherwise, if it is opened downstairs in the community, there will be great hidden dangers in the back.
' said the residents.
Event progress>>>
1 The store owner responded: "Pet funeral home" is misunderstood, and it is a false proposition from a legal point of view
The shop owner also issued a public response to the residents' questions.
He said that An Pet Society's themed projects are pet gene cloning, pet souvenirs and other pet peripherals, not the "funeral home" as the residents call it.
"The two farewell halls in the store are to let customers feel the two different cultural backgrounds of China and the West. The farewell ceremony is to let customers write a farewell letter for their pets and customize exclusive souvenirs for their pets. The holes in the store are for displaying love. pet photos, commemorative certificates and flowers." As for the incineration car, he said that it has not been put into use, and after going to the relevant department to understand the policy, he gave up the incineration plan, and then the car will be discounted.
"So we don't have any illegal links. The Civil Law clearly states that pets are things and have no personal attributes. The main body of the funeral industry is natural persons, which are managed by the civil affairs department and have clear personality attributes. The pet funeral industry is at the current stage. From a legal point of view, it is a false proposition, so there is no such thing as a pet funeral shop." The owner said that he himself has four dogs, and when they leave, he will make their ashes into anything that can be carried with him. "I also went to Japan to learn the real funeral etiquette. I don't know why it has become a scornful industry here? We all hope that the country can truly standardize the pet hospice industry, and I will also open a family. A real (pet) funeral home."
But the residents didn't buy the shopkeeper's explanation.
"We are not against pet burials, but does hospice also have pet corpses? Will there be animal hair and ashes in the store? Such stores are opened less than 100 meters away from the primary school, in such a large residential building. Next, is it okay? Should he base his noble love on the dissatisfaction of so many people?" Ms. Wang, a resident, said that the customs of different countries are different, and the Chinese people are not interested in the "hospice" pet store opened at the door of the house. , is still very taboo.
"The school district in this community is good. We bought the house here so that our children can go to school, so we brought the elderly to live together. But after the store opened, I was very worried, how can the store guarantee 100% epidemic prevention safety, in case there is a The pet died of an infection, how can we ensure 100% inspection? If there is no incineration business, where does the ashes used in the store come from? It’s not that we don’t respect life, even if we open a personal mourning hall downstairs, I would be taboo , it's the cats and dogs' turn, why don't I have to be taboo?"
2 There is no result from the report, and it is said that the relevant departments are "consulting"
In the interview, the residents found a lot of relevant terms for the "pet funeral home".
First of all, the residents learned through complaints to the Jianye District Market Supervision and Administration Bureau that "An Chongshe" did not receive a business license and was registered in Gaochun.
So how did the store get started here?
In addition, Article 57 of the "Animal Epidemic Prevention Law" stipulates that no unit or individual may buy, sell, process or arbitrarily discard dead animals and diseased animal products.
And should declare quarantine.
Including the "Nanjing Funeral Management Measures" stipulates that body packaging supplies and funeral supplies should be sold in funeral homes... So, can these terms apply to this "pet funeral home"?
According to the terms sorted out by the residents, reporters also conducted interviews.
The Shuangzha Branch of Jianye District Market Supervision Administration first replied to the reporter, saying that the store has not yet applied for a business license. According to the relevant provisions of the Animal Epidemic Prevention Law, its competent authority is the Municipal Agriculture Committee, and it is recommended to report to the Agriculture Committee.
In addition, the staff of the bureau said that such shops need to obtain a business license, and also need to go to the Bureau of Agriculture and Rural Affairs to apply for a certificate for the harmless treatment of animals, so that the procedures are complete.
So since the procedures are not complete, why can't the industrial and commercial sector directly ban it?
The industry and commerce department said it was mainly because the store had not yet opened.
The reporter immediately reported to the Nanjing Municipal Bureau of Agriculture and Rural Affairs, but no reply has been received so far.
The reporter also asked the civil affairs department whether pet funerals are within the jurisdiction of the unit, but no reply has been received so far.
Since it is located near the school, according to the "Regulations on the Protection of Land Use for Primary and Secondary Schools", after reporters and residents complained to the cultural and tourism department, the cultural and tourism department said that it did not clearly stipulate whether a special "pet store" was within its jurisdiction. Bars, KTV and other places.
The reporter and the resident representatives went to Shuangzha Street and Xinting Community. The street and community accepted the materials submitted by the owner and said they would report it to their superiors.
The staff of Xinting community said that multiple departments are currently conducting consultations on this special "pet store".
Reporters will continue to pay attention to the final result.
Lawyer's View>>>
Engaging in civil activities shall not violate public order and good customs
Zhou Jian, a lawyer from Beijing Haotianxinhe (Nanjing) Law Firm, said that according to Article 8 of the Civil Code, civil subjects shall not violate the law or violate public order and good customs when engaging in civil activities.
Regardless of whether it is engaged in cremation of pet corpses, even if it is a "farewell" or "ashes painting" business, if residents feel "taboo", they can file a civil lawsuit.
"Even if you only do mourning and ashes ornaments in the store, many Chinese people are taboo when you open it downstairs in the community. Taboo is a folk custom." In addition, residents can request the Bureau of Agriculture and Rural Affairs through administrative complaints. , environmental protection departments and market supervision departments "enforcement front-end".
The reporter investigated a number of pet funeral institutions in Nanjing and found that although the pet funeral business is booming, most institutions do not have relevant approval procedures.
An industry insider told reporters: "To put it bluntly, it is a gray industry." Compared with formal funeral directors, pet funeral directors do not have clear industry norms and do not need to obtain qualification certificates.
The reporter noticed that the service processes currently provided in the market include pick-up and drop-off, body cleaning, farewell ceremony, cremation, etc.
The basic cost of a complete set of processes is about 800 yuan.
An industry insider told reporters that many merchants also provide high monks' overtures, commemorative videos, use animal ashes to make souvenirs, and store ashes in stores, which can cost hundreds of thousands of yuan.
related news:
Do "hospice" business shop
The location should be far away from residential areas
The reporter saw a lot of suggestions on regulating the pet funeral industry on the official website of Shanghai Minjian.
Regarding the regulation of the pet funeral industry, there are generally the following suggestions:
First, relevant departments should take the lead to establish industry standards as soon as possible and regulate them;
Second, pet hospice care facilities should be located near non-residential residential areas;
In addition, to encourage pet "ecological burial", it is recommended to refer to Russia, France, Singapore and other countries to pass legislation that pet corpses must be cremated, and vigorously promote "ecological burial" services, such as tree burial, flower burial, sea burial, water burial etc., can further save resources.