Zhu Ningning, reporter of the Legal Daily
The 16th meeting of the Standing Committee of the 13th National People's Congress in Beijing today adopted the "Decision of the Standing Committee of the National People's Congress on Comprehensively Banning the Trade in Illegal Wildlife, Eliminating the Bad Habits of Wild Animals, and Effectively Protecting the People's Health and Safety" (Hereinafter referred to as the "decision"). The "Decision" will be implemented from the date of promulgation. Yang Heqing, deputy director of the Economic Law Office of the Standing Committee of the National People's Congress, today gave an authoritative interpretation of the relevant content of the Decision.
Reporter: How does the "Decision" stipulate a complete ban on the consumption of wild animals?
Yang Heqing: The current wildlife protection law focuses on the protection of wild animals. The laws and regulations on fasting are limited to national key protected wild animals and other protected wild animals that have no legal source and have not passed quarantine inspection. Whether the "three species" wildlife (ie "terrestrial wildlife of important ecological, scientific and social value") and other non-protected terrestrial wildlife are prohibited from eating, the Wildlife Protection Law and other laws do not make clear . This is a system shortcoming and loophole. Judging from the public opinion and reflection since the epidemic prevention and control, all parties generally agree with the complete ban on the consumption of wild animals. On the basis of the Wildlife Protection Law, the "Decision" is guided by the comprehensive prohibition of wild animals, expands the scope of legal adjustments, establishes a system of comprehensive prohibition of wild animals, and prevents and controls major public health safety risks from the source:
First, first of all, it must be emphasized that where wildlife protection laws and other relevant laws explicitly prohibit the consumption of wild animals, they must be strictly prohibited.
Second, it is forbidden to eat "terrestrial wildlife of important ecological, scientific and social value" and other terrestrial wildlife protected by the state, including terrestrial wildlife that are artificially bred and raised.
The third is to increase penalties for violations of existing laws and regulations on the basis of existing laws; for violations added to this decision, refer to the relevant provisions of the applicable laws to penalize in order to reflect stricter management and severe crackdown.
Reporter: What are the limits of comprehensive fasting?
Yang Heqing: To correctly understand the comprehensive fasting of wild animals, we need to grasp the following points.
First, catching natural fishery resources such as fish is an important agricultural production method and a common international practice. The Fisheries Law has regulated this. According to the consensus of all parties and the relevant provisions of the Decision, fish Aquatic wildlife such as fishes are not included in the fasting scope.
Second, the more common livestock and poultry (such as pigs, cattle, sheep, chickens, ducks, geese, etc.) are mainly food animals, and are managed in accordance with laws and regulations such as the Animal Husbandry Law and the Animal Epidemic Prevention Law. There are also some animals (such as rabbits, pigeons, etc.) that use artificial cultivation for a long time and mature technology, and the people have widely accepted the output value and employees formed to a certain scale, and some of them play an important role in fighting poverty. According to the "Decision", these animals included in the "Catalogue of Livestock and Poultry Genetic Resources" stipulated by the Animal Husbandry Law also belong to domestic animals and poultry. Their breeding and utilization, including food, are governed by the provisions of the Animal Husbandry Law and strictly quarantine. The Animal Husbandry and Veterinary Administration of the State Council formulates and publishes a catalog of livestock and poultry genetic resources in accordance with law, and the specific scope of livestock and poultry follows the catalog published by the state.
Third, in accordance with laws and regulations such as the Wildlife Protection Law, Chinese Medicine Law, the Regulations on the Management of Experimental Animals, the Regulations on the Management of Urban Zoos, and relevant national regulations, non-edible uses of wild animals can be made due to special circumstances such as scientific research, medicinal products, and display. At the same time, strict examination and approval and quarantine inspection systems shall be implemented in accordance with relevant state regulations. For non-edible use of wild animals, the "Decision" requires the State Council and its relevant competent authorities to formulate and improve relevant approval and quarantine inspection regulations in a timely manner, and strengthen the management of approval and quarantine inspection.
The "Decision" made the above-mentioned provisions, which not only implements the spirit of comprehensive and strictly prohibiting wildlife eating, but also from the actual point of view, will not have a great impact on the non-edible use of wild animals, the development of livestock and poultry industry norms.
Reporter: What are the provisions of the "Decision" on the comprehensive ban on illegal wildlife trade?
Yang Heqing: At present, illegal wildlife trading is still widespread in some places, and the “game industry” is huge. To completely ban the consumption of wild animals, we must also comprehensively ban wild animal transactions and related activities and activities for food purposes, including physical markets, online transactions, black market transactions, smuggling and other illegal wildlife trading activities and activities, and cut off illegal activities. Wild animal trading interest chain. Accordingly, the "Decision" makes the following clear provisions: First, it is emphasized that all wildlife protection laws and other relevant laws explicitly prohibit hunting, trading, and transportation of wild animals must be strictly prohibited. Secondly, it is consistent with the comprehensive prohibition on the consumption of wild animals. It is forbidden to hunt, trade and transport terrestrial wild animals that grow and reproduce naturally in the wild for the purpose of eating. The third is to provide strict legal responsibilities and strengthen law enforcement.
Reporter: What kind of work should the government and its relevant departments do in implementing the Decision?
Yang Heqing: This decision adopted by the Standing Committee of the National People's Congress is a decision on legal issues and has legal effect. People's governments at all levels and their relevant departments shall take necessary measures to ensure the effective implementation of this decision. The first is to organize and mobilize all aspects of society, widely publicize and correctly understand the significance and main content of the "Decision", vigorously popularize ecological environmental protection, public health laws and regulations, and scientific knowledge, and create a good environment for the implementation of the "Decision." Second, in accordance with the "Decision" and related laws, formulate and adjust relevant lists and supporting regulations, and refine the implementation of the requirements of the "Decision". Third, the promulgation and implementation of this decision may cause some economic losses to some farmers raising animals. The relevant local people's governments should support, guide and help the affected farmers to adjust and change their production and operation activities, and provide some compensation according to the actual situation. . Fourth, improve the law enforcement management system, clarify the law enforcement responsibility bodies, implement law enforcement management responsibilities, strengthen coordination and cooperation, increase supervision and inspection and accountability, and strictly investigate and deal with violations of the Decision and relevant laws and regulations; Operators shall be banned or sealed down or closed in accordance with law.
What needs to be emphasized is that in order to solve the problem of eating wild animals, we must not only crack down severely in accordance with the law, but also work together from all sides. We must adhere to the rule of law and the rule of virtue. All members of society must consciously enhance their awareness of ecological protection and public health and safety, change customs and customs, abolish the bad habits of overeating wild animals, and develop a scientific, healthy, and civilized lifestyle.
Source: Legal Daily