The Revised Draft of the Wildlife Protection Law Was Publicly Solicited for Comments, and Prevention of Public Health Risks Has Become an Important Principle | Convened by CBCGDF (II)

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2020/11/30 15:09:00 本站

Let offenders bear more penalties, increase penalties, and expand types of penalties

The formulation of plans, administrative permits, quarantine and inspection, and the supervision and enforcement of operations, transactions, transportation, logistics, import and export related to wildlife are divided into forestry and grassland, fishery, animal epidemic prevention, import and export quarantine, market supervision, and transportation, postal, customs, public security and other departments are responsible. Protection management involves a wide range of areas and multiple links and requires cooperation and coordination among multiple departments.

The revised draft requires that the illegal wildlife market and trade be resolutely banned and severely cracked down, and the entire chain of supervision and management of hunting, transportation and trading of wild animals shall be strengthened. To ensure that relevant regulations are implemented, the revised draft also strengthens the responsibilities of local governments and clarifies the responsibilities of relevant departments. For example, local people's governments at or above the county level are responsible for wildlife protection in their administrative areas.

Regarding the hunting tools and hunting methods mentioned in the revised draft, Hao Kun, director of the Environmental, Food, and Drug Safety Guard of Tianjin Public Security Bureau, believes that the revised draft stipulates that hunting tools and hunting methods should be enumerated. With the development of science and technology, new methods are emerging one after another, and it is difficult to achieve good combat effects by enumerating methods. "It is recommended to adopt a comprehensive way of expression, as long as it causes harm to an individual or a population, it is prohibited. Otherwise, the speed of revising the law will never keep up with the update speed of poaching."

The revised draft increases the amount of penalties and expands the types of penalties for violations and is in line with the relevant provisions of the Criminal Law Amendment (11) draft. The revised draft stipulates that illegal hunting, purchase, transportation, and sale of other terrestrial wild animals for the purpose of eating constitutes a crime, and criminal responsibility shall be investigated according to law.

When wild animals and human lives conflict, should people be protected or wild animals? Yang Zhaoxia put forward the concept of moderate protection and insisted on the principle of giving priority to the shortage of interests. Many legal experts suggested that in Article 18 of the Wildlife Protection Law, the principle of emergency avoidance should be included in order to minimize the damage caused to key wildlife in the emergency situation of protecting one’s legitimate rights and interests. Otherwise, one will also have to bear legal responsibility.

For the behavior of selling fireflies online, the criminal liability is too heavy, and the civil fines are insufficient. What should do? Many experts suggested that the addition of clauses in wild animal public interest litigation would cause damage to wild animals and their habitats, in addition to investigating the defendant’s criminal responsibility, procuratorial organs and social organizations can initiate civil public interest litigation, demanding compensation for damage to the ecological environment, or ecological restoration.