It is imminent to build a more reasonable wildlife supervision system
Difficulties in law enforcement supervision is difficult, grassroots law enforcement has a "three difficulties" problem
□ Reporter Zhu Ningning
"Suspicious meat was found in the hotel's freezer, which looks like a civet, but the head is gone, and it is also similar to beef and mutton. Hunting and other illegal activities are generally late night operations, and crimes can be committed in the mountains and the wild. It is extremely strong. After fasting wild animals in an all-round way, the scope of investigation has been expanded, and the difficulty of investigation has also become greater."
On June 13, the relevant decisions of the Standing Committee of the National People's Congress and the Wildlife Conservation Law Enforcement Inspection Team held a forum of five-level people's congresses in Wuyishan City, Fujian Province. Chen Fuxi, deputy to the Wuyishan Municipal People's Congress and chairman of the Yangzhuang Township People's Congress, spoke of a number of current problems in grassroots law enforcement.
In addition to Chen Fuxi, three of the five other people's congress deputies who spoke on the same day also mentioned law enforcement issues.
When the Wildlife Protection Law was revised in 2016, the use of wild animals was regulated and strictly supervised. For the management of non-state key protected wild animals, in principle, local provinces, autonomous regions and municipalities issued local regulations to determine management measures. In February this year, the "Decision of the Standing Committee of the National People's Congress on the Comprehensive Prohibition of Illegal Wildlife Trade, the Elimination of the Abuse of Wildlife Eating, and the Effective Protection of the People's Health and Safety" (hereinafter referred to as the "Decision") were introduced, further raising the ban on wild animals Stricter requirements.
According to the current situation, the relevant provisions of the "Decision" require that it be included in the Wildlife Protection Law as soon as possible to build a more reasonable wild animal classification and utilization and supervision system.
Wildlife protection law enforcement forces are weakening
"At present, my district does not have a wildlife protection agency and staffing establishment, and the staff are all part-time, and there are no facilities and equipment for wildlife protection professionals. In addition, multiple heads and multiple departments can enforce the law, and there may be gaps in the law enforcement. "Gong Hui, a representative of the People's Congress of Nanping City and a senior engineer of the Forestry Bureau of Jianyang District, told the law enforcement inspection team that in the daily wildlife protection and current epidemic prevention wars, there are still phenomena of weak technical strength and backward technical means.
Wildlife protection involves multiple departments such as forestry grassland, agriculture and rural areas, health and health, market supervision, food and medicine supervision, etc., and it is easy to form vacancies in breeding, market circulation, etc., and even the law enforcement dilemma of "Kowloon water control" appears. The main responsibility of law enforcement is to form a joint force for joint defense and joint protection. In view of this, the Fujian Provincial People's Procuratorate recommended to accelerate the reform of the law enforcement management system, clarify the law enforcement body, strengthen coordination and cooperation among departments, integrate and form a comprehensive law enforcement team for ecological environmental protection, increase supervision and inspection of law enforcement, improve legal cohesion, and uniformly implement wildlife administration Responsibility for the enforcement of ecological and environmental protection including law enforcement.
In addition, because the forest public security has been transferred to the local public security, the forestry department will no longer set up a special law enforcement team, therefore, the law enforcement force of wildlife protection has a tendency to weaken. The relevant person in charge of the Fujian Provincial Forestry Bureau suggested strengthening the construction of the law enforcement team of the forestry department from the legislative level, and at the same time entrusting the public security organs with wildlife protection administrative law enforcement responsibilities to strengthen wildlife protection law enforcement.
Suggest clear confiscation of wildlife disposal process
Fujian Provincial Meihua Mountain South China Tiger Breeding Research Institute is a provincial terrestrial wildlife shelter and rescue station, which undertakes the wildlife rescue and rescue work in Longyan City. After the epidemic occurred this year, departments at all levels have stepped up law enforcement investigations, and the number of wild animals sent by county forestry bureaus in need of shelter has increased significantly.
"We often receive calls from ordinary people asking for the rescue of small birds, wild snakes and other wild animals. According to preliminary estimates, we need at least 500 yuan for vehicles and labor for each rescue. It can be expected that it will take another two years. It is not enough for us to rely on existing forces to undertake the rescue and rescue work of wildlife in the whole city." Lin Kaixiong, the person in charge of the institute, told the law enforcement inspection team. According to the forestry department of Fujian Province, the zoo is currently mainly used for sheltering and rescue, but many species are not suitable for release and the number is large. Long-term breeding increases the economic burden of the shelter and rescue unit.
In fact, the issue of the preservation and disposal of confiscated wild animals has always been a major problem that plagues grassroots law enforcement. Article 56 of the Wildlife Protection Law only stipulates that the objects confiscated in accordance with the provisions of this Law shall be handled by the wildlife protection department of the people's government at or above the county level or its authorized units in accordance with the provisions, but there is no clear specific disposal procedures and specifications.
"Limited to factors such as professionalism, venues, facilities, etc., our market supervision department lacks proper disposal methods for the wild animals seized. At present, grass-roots level law enforcement agencies generally contact the local forestry department when they encounter this situation, but they will appear during the contact process. Time difference, the problem of animal storage and protection during the transition period is outstanding." The person in charge of Fujian Provincial Market Supervision Administration said.
In view of this, the relevant departments propose to improve the regulations on wildlife containment, rescue, and disposal from the legislative level, establish a special unit to be responsible for the receipt and treatment of wild animals and their products confiscated in the region, and establish a national warehouse for confiscating wildlife products nationwide by region For unified storage and storage.
Law enforcement faces problems such as difficult identification, high cost and long time
Issuing the species identification certificate for the seized case product is the basis of the case judgment, and is very important for combating illegal crimes.
In this law enforcement inspection, some localities reflected that the Wildlife Protection Law did not regulate the identification of wild animals and their products in law enforcement investigations. Some areas unilaterally emphasized that the identification work should be undertaken by a unit with judicial appraisal qualifications, resulting in a general face of law enforcement work. Problems such as difficult identification, high cost, and long time.
It should also be noted that the current law is managed according to species, and it must be identified to identify it as the main physical evidence and basis for investigation, prosecution and trial. However, technical difficulties such as the high cost of wild animal identification, identification and evidence collection and fixed evidence restrict the effectiveness of wildlife protection and law enforcement. In addition, according to the current level of science and technology, even professional identification and identification agencies can hardly distinguish between domestic animals and wild animals, making it difficult for effective and accurate law enforcement to crack down on illegal and criminal activities.
To this end, the relevant departments suggest that the simplified identification requirements for common species and items from the legislative level can be identified by more than two professional technicians, and the identification of difficult species and items can be undertaken by a qualified unit.