Establish and improve a comprehensive law enforcement management system for fasting wild animals
Cutting-edge topics
□ Lu Lei Xu Xihao
Implement the "Decision of the Standing Committee of the National People's Congress on the Comprehensive Prohibition of Illegal Wildlife Trade, Eliminate the Abuse of Wildlife Eating and Safeguarding the People's Health and Safety" (hereinafter referred to as the "Decision"), and prohibit the establishment of a system for wildlife trade and consumption Safeguard measures.
Judging from China's existing experience in the field of wildlife trading and the rule of law in the edible field, there is still considerable room for improvement in supporting legislative systems, training in law enforcement skills, and guaranteeing judicial application. "The law is not enough for oneself". The programmatic and principled normative intention of the "Decision" requires good implementation of the rule of law to ensure the operational effect of the norm, in order to achieve the normative purpose of effectively guaranteeing the lives, health and safety of the people. The "Decision" puts forward requirements for the "wildlife trading and overeating" issues from the aspects of system construction, administrative regulations, and cultural publicity. It requires the government and society to invest in social resources, improve the inherent system, strengthen coordination and coordination, promote governance by law, and improve the standard. efficacy.
1. Responsible for the duties of the individual, compacting and diversifying the responsibility of prohibiting wildlife trading and edible subjects
The prohibition on the control of wild animal trading and consumption requires all departments to strictly control the implementation of the "Decision" within the scope of their responsibilities. The active actions of formulators, prohibitors of wildlife trading and edible regulations, implementers of supervision, and food producers and operators are the necessary means to achieve control.
First, at the normative level, each functional department should improve the supporting work of the system prohibiting wildlife trading and edible as soon as possible in accordance with the legal procedures to resolve the current "unable to rely on" practical dilemma. In accordance with the requirements of the "Decision": "The State Council's animal husbandry and veterinary administrative department formulates and publishes a catalog of livestock and poultry genetic resources" "The State Council and its relevant authorities shall promptly formulate and improve regulations on the approval and quarantine inspection of non-edible use of wild animals" . As the animal husbandry and veterinary authority, the forestry department and the agricultural and rural department do a good job in connecting the "Decision" with the "Wildlife Protection Law" and "Fishery Law" and other regulatory legal documents, and sort out the relevant laws and regulations. On the basis of the "List of Protected Wild Animals" and the "List of Terrestrial Wild Animals with Important Ecological, Scientific and Social Values", the existing systems are integrated to complete the matching of the wildlife protection work system. At the same time, we should speed up the formulation and improvement of the “Catalogue of Genetic Resources for Livestock and Poultry”, make top-level design for the institutional positioning and legal characterization of specific animals, and provide institutional support for administration according to law. When formulating the “Catalogue of Genetic Resources for Livestock and Poultry”, the forestry department needs to assess the risk of specific animal breeds as poultry and livestock in combination with the dietary habits, dietary structure, and intake levels of Chinese people.
Secondly, at the regulatory level, each functional department should follow the three-dimensional approach of source supervision, transportation supervision, market supervision, and the whole process of administrative law enforcement, optimize the supervision measures within the scope of its functions, and implement the prohibition of wildlife trading and edible supervision responsibilities . Source supervision means that on the one hand, supervision should focus on the source of animal growth, and forestry, forest public security, agricultural and rural departments should strengthen the illegal hunting, breeding, sale, and consumption of wild animal habitats, migratory sites, and ecological parks; On the other hand, supervision should focus on the source of the system, starting from the administrative license for wildlife management, breeding, and product manufacturing, control the entry threshold, and improve the process supervision to achieve the law enforcement effect of clearing the source.
Third, guide the operators to do a good job in self-management of legal production and compliance operation. The food industry is an important industry in China's national economy. Breeding, warehousing, import and export, and sales operators must, in accordance with the spirit of the "Decision," earnestly perform business activities that boycott wild animals, and refuse to provide wild animal food and products for consumers who are still reluctant to change the habits of wild animals.
2. Joint defense and joint control, establishing a unified and coordinated regulatory mechanism prohibiting wildlife trading and food consumption
Wildlife trading involves many aspects such as agricultural production, commodity trading, inspection and quarantine, and has comprehensive and systematic characteristics. Essentially, it requires interactive and full-scale three-dimensional administrative regulations. Under the current regulatory system in China, the most prominent contradiction is still the linear and sectoral regulatory pattern of multi-management cannot meet the comprehensive governance required by the ban on wild animal trading and consumption.
(1) Establish a law enforcement and judicial exchange mechanism for wildlife trading and food regulations.
Law enforcement and judicial exchange mechanisms need to be synchronously promoted from the exercise of administrative power and the exchange of law-related information. At the level of administrative law enforcement, the joint law enforcement activities of public security, market supervision, forestry, fishery, agriculture and rural areas, urban management, customs and other departments are of special significance for the realization of comprehensive and integrated administrative regulations. The communication mechanism of the joint meeting should be studied and formulated to promote departmental collaboration, strengthen joint prevention and joint control, and allow the collection and legal interaction of legal-related information, intelligence analysis and judgment opinions to be further highlighted in discovering, combating wildlife trade, and illicit food consumption. The relationship between administrative law enforcement and criminal justice should be paid special attention to, especially in the collection of evidence and the transfer of cases, a comprehensive investigation and judgment mechanism for investigating cases should be built to prevent the improper application of punishment instead of punishment.
(2) Linking up the link of wildlife trade and food control.
Regulation of the trading and consumption of wild animals requires the establishment of multiple mechanisms that go beyond the rigidity of administration and justice, and a high-power single supervision, so as to form a social force for the regulation of wild animals. First of all, governments at all levels need to further strengthen the legal popularization of ecological environment protection and social education of public health safety. Knowledge of wildlife protection, animal epidemic prevention and control, especially the civilized diet, and targeted publicity to eliminate the bad habits of eating wild animals must be understood by the public, and then reach the level of recognition and compliance. The press and publication, radio and television, network management and other departments should strengthen the supervision and management of illegal and illegal information related to wildlife, and strengthen positive public opinion guidance. Secondly, social credit management can play a unique role in establishing and conserving wildlife protection and eradicating the abuse of wild animals. Administrative agencies can link with the social credit management platform and use reputation punishment to implement joint credit punishment for citizens, legal persons, and other organizations that maliciously violate wildlife fasting activities, thereby guiding society to develop a habit of civilized consumption.
3. Promotion of wildlife trading and food supervision must still be based on the protection of civil rights
The exercise of administrative power needs to follow the basic principles of lawfulness and reasonableness. If we consider from the perspective of the nature of administrative power, if we need to solve the problem for a long time and fundamentally, temporary and stressful administrative measures must be transformed into normalized and standardized administrative actions. There is no doubt that the current wildlife trading and edible supervision methods have a "one size fits all" trend. For example, all the farmers' markets in the provinces are closed, the farms are all isolated, and the emergency administrative measures under the epidemic situation such as the animal culling in the epidemic area are indeed Based on the consideration of public interests, the limitation of the rights of administrative counterparts is temporarily strengthened, and the basis for the legality of this limitation is the continuation of the epidemic, resulting in such a strong supervision that still meets the review of the principle of proportionality. The measures must be different in different regions and groups because of the actual situation, in order to comply with the basic principles of modern rule of law. Therefore, under the epidemic situation, the central and local people's governments at all levels, in order to implement the measures adopted by the "Decision", after the emergency phase, they must inevitably be converted to normalization, and they must accept the test of administrative legitimacy and rationality With review.
For the administrative measures that have been tested in practice, and operate well and have the possibility and necessity of system realization, such as the wildlife exchange law enforcement information exchange mechanism identified in the joint enforcement of the five departments and using the joint meeting as the carrier, if it is for wildlife protection It has a positive effect on illegal wildlife trade and market crackdown. Such measures should not be limited to temporary restrictions, but should be normalized. It may be considered to clarify the institutional positioning of such organizations from the perspective of the Administrative Organization Law through normative legal documents, in order to expect them to have a greater social role. Local legislatures should further provide timely and effective support for the rule of law in response to public health risks in accordance with the specific circumstances of each place.
(Lu Lei is a researcher at the National Development and Strategy Research Institute of Renmin University of China; Xu Xihao is a graduate student at the Renmin University of China Law School)