Barking and hurting people is annoying
How to deal with the surge in the number of stray cats and dogs
Investigate motivation
Recently, an incident where homeowners hunted and killed stray cats in a community in Pudong New Area, Shanghai has aroused social concern.
It is understood that there were originally more than 40 stray cats in the community, and they usually gathered in a central garden in the community. A certain owner injected drugs due to unbearable disturbance, resulting in the death and disappearance of a large number of stray cats.
The police are currently investigating the matter.
In recent years, due to various reasons, the number of stray animals has increased. How to treat stray animals has become a controversial topic. Some people think that stray animals are pitiful, and they should be fed with food; Some people think that stray animals may carry germs and easily hurt people, so they should be killed...
What problems are hidden behind the proliferation of stray animals, how to deal with this problem, and who should be responsible for compensation for stray animal bites?
Focusing on these issues, a reporter from the "Rule of Law Daily" recently conducted an investigation and interview.
□ Reporter Han Dandong
□ Our newspaper intern Guan Chuyu
Ms. Gao, who lives in Chengdu, Sichuan Province, found that the number of stray cats and dogs in the community has increased a lot recently, and many residents have complained.
In order to prevent these stray cats and dogs from disturbing the residents, the property management company disinfected another batch not long ago.
"It's cruel, but there's nothing we can do about it. How should we deal with stray animals?" Ms. Gao was helpless.
There are not a few people who have the same confusion as Ms. Gao.
A considerable number of animals are abandoned in cities every day, wandering in residential areas, parks, roadsides, garbage dumps... living a wandering life without a fixed place.
As a result, a series of social problems related to the ecological environment and the personal safety of residents have emerged, such as stray animals carrying germs, affecting the appearance of the city, and being aggressive.
Today, this phenomenon is becoming more and more serious, and it is imperative to strengthen governance.
random abandonment breeding out of control
More and more stray animals
Ms. Lin from Qingdao, Shandong, noticed that an enthusiastic aunt in her community would feed stray dogs at a fixed time every day, resulting in an increasing number of stray dogs in the community.
"Most of these stray dogs were abandoned. After they had enough to eat and drink, they began to mate and give birth. As a result, the number of stray dogs in the community increased from less than 10 to more than 30 within half a year."
For a period of time, more than 30 stray dogs barked together in the middle of the night, and the sounds kept coming and going, and many residents complained about it.
Ms. Lin found that the number of these stray dogs began to decrease later, some disappeared, and some died on the street.
In order to make the remaining stray dogs have a good home, Ms. Lin began to rescue and spend about 2,000 yuan per month to send these stray dogs to be neutered, or send them to the rescue station for foster care, or help the stray dogs find adopters, etc.
The reporter learned from interviews that stray animals are not uncommon in major living communities in recent years, and some communities even have groups of stray animals.
The "2021 White Paper on China's Pet Industry" shows that in 2021, the number of stray cats will reach 53 million, and the number of stray dogs will reach 40 million.
According to Qian Yefang, a professor at the Law School of Zhongnan University of Economics and Law, stray animals mainly come from abandonment, loss and reproduction.
In my country, due to the absence of substantive laws prohibiting and punishing pet abandonment, lack of law enforcement in dog breeding management, and no one involved in underground breeding, the breeding and breeding of cats and dogs is out of control and disorderly, so stray animals continue to appear.
There are many hidden dangers in the large number of stray animals.
Xiang Fangliang, executive director of Shanghai Meigu Law Firm, believes that the first is to disturb the people, and the second is to affect social governance and the ecological environment. "Stray cats and dogs are easy to spread diseases, and if they are not sterilized, they will give birth to many puppies and cats, causing ecological environment damage. In addition, some stray cats and dogs are violent and easy to hurt people."
Stray animals frequently hurt people
Who is to be held responsible sparks controversy
More and more stray animals are wandering in the streets and alleys, causing incidents such as "stray dogs biting people" to happen from time to time.
The reporter searched on the Internet and found more than 10 million results related to "stray dog biting people".
For stray animals that hurt people, many people choose to kill them, which once caused controversy.
In September this year, a man in Haining, Zhejiang Province found that a stray dog was chasing and attacking his son, so he beat the stray dog to death with a weapon.
Afterwards, the police criticized and educated the man for his inappropriate behavior.
One of the remaining questions when stray animals injure people is who is to blame?
Reporters interviewed and found that since stray animals have no owners, many people can only deal with themselves after being bitten, but there are some exceptions, such as making those who feed stray animals long-term responsible.
Not long ago, Fang, who lives in Shaanxi, was bitten on his right leg by a stray dog while walking in the community, and spent 3,243 yuan on medical treatment.
Fang Mou filed a claim against Xu Mou, who often feeds the stray dog, but after being rejected, he appealed to the court.
The court sentenced Xu to compensate Fang for medical expenses.
After this topic rushed to the hot search, it aroused heated discussions among netizens.
Many netizens believe that feeding stray dogs is a manifestation of love, and it is unreasonable to take responsibility for such a kind act; some netizens believe that feeding stray dogs satisfies their own selfish desires, leaving behind many hidden dangers such as hygiene and safety. , If you really have love, you should adopt stray dogs or send them to shelters.
According to Cao Huihui, a lawyer at Beijing Tianchi Juntai (Jinan) Law Firm, according to the Civil Code, if an abandoned or escaped animal causes damage to others during the abandonment or escape, the original breeder or manager of the animal shall bear the tort liability.
Although the dog that hurt people was a stray dog, Xu's relatively fixed feeding behavior inevitably made the animals dependent on food, so that they lived in the community for a long time and formed a de facto breeding relationship with Xu.
At the same time, because stray dogs carry a large number of germs and have certain hurting properties, Xu lacks control over them, which invisibly increases the danger of the community environment. Therefore, Xu should be liable for compensation.
In addition, the community property company, as the manager of the community, should fulfill its security obligations within reasonable limits.
"If you are bitten by a stray cat or dog, it is recommended to call the police as soon as possible. If it is an abandonment, the abandoner needs to bear the corresponding legal responsibility." said Fu Yongsheng, a lawyer from Shanghai Guangming Law Firm.
Scientific governance is imminent
Humans and animals live in harmony
During the interview, many netizens believed that in the context of the large number of stray animals and no relevant laws and regulations to refer to, it is recommended to establish a shelter for stray animals. Caring people can send sick stray animals to the shelter for treatment, so that healthy animals can accept it. Adopted cats and dogs that carry infectious germs and cannot be cured should be promptly treated in a harmless manner.
Some people also suggested implementing a registration system for sheltering stray cats and dogs. Nowadays, people are paying more and more attention to the problem of stray animals, and the scale of groups dedicated to the rescue of stray animals is also expanding, which shows that the level of social civilization is improving.
Xiang Fangliang asked, is there any penalty for abandoning pets at will? Apart from being morally condemned, should cruelty to animals be sanctioned?
Before the introduction of the pet protection law, there were no standards for dealing with these problems, and they had become a social problem.
"Currently the pet law is mainly the Animal Epidemic Prevention Law, which stipulates that sub-district offices and township-level people's governments organize and coordinate residents' committees and villagers' committees to control and dispose of stray dogs and cats in their jurisdictions to prevent the spread of epidemics. Although there are Preliminary regulations, but refined management needs to be strengthened. The reason why it is difficult to clear stray cats and dogs is the huge number. Most stray cats leave their owners on their own initiative and start wandering, and most stray dogs are abandoned by their owners.” Xiang Fang Liang said.
In Qian Yefang's view, it must be scientific, civilized, and humane for stray animals to be handled by grassroots communities (villages).
She noticed that with regard to the management of stray animals, some foreign places usually use compulsory immunization programs, shelter and rescue systems, and TNR (capture-neuter-reintroduction) measures to achieve the goal of eradicating rabies and popularize the concept of respecting life.
"For those irresponsible abandonment behaviors, legislation is essential. In the absence of national legislation, social norms such as township regulations, civil agreements, and residents' conventions can be used to stipulate that no abandonment or abuse should be established, and the bottom line of public morality can be set." Qian Qian Ye Fang said.
The reporter noticed that although some communities have rough methods of controlling stray animals, there are also some communities that have done well.
According to Mr. Lin, the owner of a community in Ma'anshan, Anhui, there were more than 20 stray cats in his community before, and most of them were female cats.
There are many cat lovers in the community, so everyone crowdfunded to send the female cat to be neutered. The property company also invited the staff of the pet hospital to come and arrest the female cat, and then release the female cat to the community after being neutered.
Now all the stray cats in the community have been neutered, and the community has set up a fixed cat feeding point, and the property management company has posted a special sign to make it easier for owners to place cat food for feeding.
"This community has adopted the TNR program, which is currently recognized internationally as the most humane and effective method for controlling the number of stray cats. This program can not only prevent stray cats from over-breeding, reduce the phenomenon of stray cats in heat and howl and disturb the people, but also reduce the number of stray cats. The risk of disease." Qian Yefang said.
There are also some places that encourage citizens to adopt mobile cats and dogs through small programs, and have achieved certain results.
For example, the Shenzhen Municipal Bureau of Urban Management and Comprehensive Law Enforcement issued the "Shenzhen Dog Raising Service" mini-program, in which citizens can register and search for missing dogs, adopt stray dogs, and provide consultation services.
According to the staff, an average of five or six hundred of these stray dogs can be recovered every month. After recovery, they will be raised and managed by the treatment center, and will be regularly checked and vaccinated.
Qian Yefang also took the lead in promoting the "Haitian Model" in Haitian Community, Baiyang Street, Qiantang District, Hangzhou, Zhejiang Province, that is, exploring the way to build ecological civilization and animal civilization from the bottom up by cultivating and supporting community social organizations and formulating community conventions.
They go door-to-door to register their pets and create a community animal file. If an animal is abandoned, they can quickly find the original owner.
"Grassroots communities (villages) manage stray animals scientifically and reduce the damage caused by stray animals, which is the long-term solution for the harmonious coexistence of humans and animals." Qian Yefang said.