Interpretation of the Decision of the Standing Committee of the National People’s Congress to Thoroughly Ban Illegal Wildlife Trade and Eliminate the Bad Habits of Eating Wild Animals
2020/2/28 16:20:00 本站

On February 24th, the Standing Committee of the National People’s Congress (NPC) issued the “Decision of the Standing Committee of the National People’s Congress to Thoroughly Ban Illegal Wildlife Trade and Eliminate the Bad Habits of Eating Wild Animals, Ensuring the People’s Life, Health and Safety” (hereinafter referred to as the “Decision”). There are eight decisions, and based on personal understanding, the author analyzes them one by one as follows:


1. First of all, it is clearly and comprehensively prohibited to eat wild animals. Hunting, catching, trading, transporting and eating wild animals shall be prohibited in an all-round way, and violators shall be given a heavier punishment. It means that if the above acts violate the relevant provisions of the criminal law, they will be upgraded to legal punishment. Of course, if it violates the provisions of the wildlife protection law and the public security management punishment law, it is also necessary to increase the punishment.


2. All terrestrial wild animals, including those artificially bred and raised, are forbidden to eat. At the same time, hunting, trading, and transportation of terrestrial wild animals that grow and propagate naturally in the wild environment for the purpose of eating are also prohibited. In other words, buying for the sake of eating is a crime. The rule extends the ban on eating, but only to terrestrial wildlife.


The above two regulations stipulate the prohibition measures for hunting, trading, and transportation, which is equal to the overall consideration of one chain.


3. Livestock and poultry shall be subject to the provisions of the Animal Husbandry Law of the People's Republic of China. The animal husbandry and veterinary administrative department under the State Council shall, in accordance with the law, formulate and publish the catalog of genetic resources of livestock and poultry. That is to say, the provisions of Animal Husbandry Law are applicable in the list. At the same time, we need to see which livestock and poultry are included in the detailed and perfect list of livestock genetic resources.


4. As for the non-edible utilization of wild animals, it needs to follow up the detailed approval and quarantine inspection regulations. This article states that the non-edible utilization of wild animals can only be carried out under the special circumstances stipulated by law and after approval and quarantine inspection. This should be a transitional regulation for the use of medicine and scientific research.


5. The whole society should actively carry out publicity, education, and guidance on ecological and environmental protection and public health safety, so as to eliminate the bad habit of eating wild animals. This article illustrates the central government's determination to thoroughly crackdown on the consumption of wild animals, the mobilization of the whole people, resolute resistance, in a separate article in the decision, again emphasized.


6. This article states that the main body and responsibility of law enforcement shall be implemented, and the law enforcement shall be strict. This is the response of the central government to a series of improper management, treatment, and inaction of wildlife trade.


7. According to the decision, all regions adjust the supporting regulations and implement them to the local level. At the same time, the affected farmers will be compensated according to the actual situation. According to the regulation, it is necessary to mobilize all the people from top to bottom, and at the same time to consider the transformation needs of the first-line production-oriented farmers, rather than the "one size fits all" model, and to consider the actual needs of the people's lives under the implementation of the law.


The timely issuance of the Decision is of great significance to the urgency of dealing with the epidemic situation. However, the author still hopes to amend the Wildlife Protection Law as soon as possible, not only to absorb the spirit of the principles of the Decision but also to refine the provisions of the general public concern, so as to truly have laws to abide by.

Original Chinese article:

By / Xue Tongtong