What Is the Martin Act?

The Anti-Cruelty Law is a law drafted by legal experts, and the newly drafted draft is said to implement the principles against animal cruelty. The ministry's law is only an expert draft, not a legislative draft. It only makes legislative suggestions to relevant departments or agencies. The Anti-Animal Abuse Law (Expert Draft for Experts) is divided into nine chapters, which roughly include the prohibition of illegal consumption of cat and dog meat, the main anti-ill-treatment system for animals, anti-abuse measures for wild animals, economic animals, pets and other types of animals, animal medicine, Anti-abuse measures for animal transport, animal slaughter, legal liability and by-laws.

Anti Animal Cruelty Act

The provisions on "fasting cat and dog meat" in the "Anti-Animal Abuse Law" (Expert Draft) drafted by legal experts have aroused widespread debate on the Internet. Many netizens said that they agreed to strengthen the protection of animals, but expressed reservations about "fasting cats and dogs". They believed that the punishment conditions were too harsh, and many opponents believed that it would harm people's right to eat meat. Faced with many controversies, the chief drafting expert of the Anti-Animal Abuse Law (Expert Draft) and the director of the Social Law Office of the Chinese Academy of Social Sciences Law Institute

Some experts have disclosed that the "Anti-Animal Abuse Law (Expert Draft)" is divided into nine chapters, which roughly include the main anti-animal abuse systems, including wildlife,

Anti-animal abuse law fines 5,000 cats and dogs for 15 days

The "Anti-Animal Abuse Law (Expert Draft for Experts)" stipulates that illegal consumption of dogs, cats, or sales of dog and cat meat will result in a fine of less than 5,000 yuan for individuals and detention for less than 15 days, and will be ordered to regret it. A fine of 10,000 yuan up to 500,000 yuan. In terms of supervisory responsibilities, the public security organs are under the unified supervision and management. The public security organs must set up a unified telephone number for reporting crimes, and other departments are responsible for division of labor.

It is understood that

Comment: Anti-Animal Abuse Law fines 5,000 cats and dogs for 15 days

Supporting opinions:

"Cats and dogs have been with humans since ancient times, not for food." Provincial People's Congress representative, senior lawyer of Guangdong Guoding Law Firm

More than 100 countries in the world have introduced laws against animal cruelty. As early as the early 19th century, there were bills in Britain that prohibited the abuse of animals such as horses, pigs, cattle, and sheep. Although the proposal was not passed by the House of Commons at the time, and was still mocked by some, by 1822, the world's first bill against animal cruelty was first introduced in Britain. Subsequently, France passed the Anti-Cruelty Act in 1850. European countries, such as Ireland, Germany, Austria, Belgium, and the Netherlands, have also introduced laws against animal abuse. In 1866, the U.S. envoy to Russia, Berg, returned to New York and began calling for opposition to animal cruelty. During his stay in Russia, he saw the horse betrayed by the groom and be miserable. Berg believed that cruel treatment of living animals would cause people to be morally degraded. A nation cannot prevent its members from treating cruel animals, and it will also endanger itself and the decline of civilization Danger. With his efforts, the United States quickly established the "Animal Crusade Association" and quickly passed the "Anti-Animal Cruelty Act." Up to now, most countries in the world, including some African countries, have promulgated anti-animal abuse bills. Hong Kong and Taiwan in China also have bills in this regard.

It is not to mention from one extreme to the other that the formulation of an anti-animal abuse bill cannot stop slaughtering cattle and sheep, and no more animal experiments, but how to reduce human suffering as much as possible. Foreign anti-ill-treatment laws generally have different regulations for wild animals, livestock animals, domestic animals and laboratory animals. For wild animals, protection is the main concern worldwide. For livestock animals, it is not inedible, but how to ensure a basic living environment for animals during breeding, and how to minimize animal suffering during slaughter. We learned that when slaughtering livestock animals in foreign countries, generally, an animal is blocked immediately after entering the slaughter house. In a separate space, high-voltage electricity is used to quickly hit the deadly part of the animal, causing the animal to lose consciousness in a short time. Then slaughter. And our slaughter process is to let the animals line up into the slaughterhouse, and the animals can see how their companions scream, bleed, and be divided. At present, many brutal killing methods in China are not only inhumane to livestock animals, but also very harmful to people who eat them. Because when an animal is in a sudden state of horror and pain, its body will also produce a sharp physiological change, producing some toxins or other bad substances. These toxins are also very harmful to consumers. As we all know, China is a large animal husbandry country, but our stored products rarely meet export standards. One of the reasons is related to this backward slaughtering method.

Britain has a special "Experimental Animal Law", which regulates how to use experimental animals and how to reduce the pain of experimental animals to a minimum. The Anti-Cruelty Bill actually promotes the concept of civilization that respects life and treats it well.

The Anti-Bill-to-Bill Act is a basic humanitarian requirement, not a complete non-eating animal. Animals are different from other things. They are living beings and they have the ability to perceive pain. They should also have basic welfare guarantees that cannot be maliciously abused and mutilated. Britain's earliest "Martin Act" regarded injury to animals as a crime. The United States has not only enacted the "Anti-Bill of Animals Act", it has also specifically formulated the "Animal Welfare Act", which has made specific provisions on what kind of normal living environment humans should give animals. Germany has strict requirements for slaughtering animals, including that fish sellers cannot sell live fish directly to customers. After customers choose the fish, the merchants put the fish in an electric box on the counter and quickly kill them before selling. Some customers dare not kill the fish by themselves, on the other hand, it prevents the killing. The attitude of a country's citizens towards animals is an important indicator of the degree of civilization of a society. Livestock animals are for human consumption, but how do you eat them? A man and a nation that advertises civilization should not base their appetite on the cruel torture of animals. ^[3]

The cat and dog meat fasting order of the Anti-Animal Abuse Law (Expert Draft) has caused heated discussion online. The draft proposal advocates legislation to prohibit cat and dog meat, and offenders will face a fine of less than 5,000 yuan and be sentenced to 15 days in prison. Many opponents believe that it is detrimental to the right to eat meat.

Professor Chang Jiwen, the chief drafting expert and director of the Social Law Department of the Chinese Academy of Social Sciences, said in an interview with the Morning Post that "fasting cat and dog meat" will be tailored to local conditions.

The above regulations have caused great controversy online. Some netizens believe that "the vague formulation of" illegal consumption "is very good. If you violate the law, you will violate the law, and fines will be a considerable income." "Does chicken, duck, goose, and pig differ from cats and dogs? Higher than other animals. "

Of course, there are many netizens who agree with this, saying that "Humans have not evolved to the point that they do not eat meat, but they cannot eat even cats and dogs because they need to eat meat."

Regarding what is "illegal consumption of dogs, cats, or sales of dogs and cat meat", Chang Jiwen explained to the reporter of the Morning Post that "there is a misunderstanding by the media. What is illegal eating? For example, Beijing has a ban on eating These areas have their own regulations, so it is illegal to eat in these places. "Chang Jiwen said that even if the" Anti-Animal Torture Law "is promulgated, it will need local regulations.

Chang Jiwen did not intend to submit the draft proposal to the "two sessions." At the same time, he said that the proposal will not be made public for the time being.

Combating animal cruelty is a sign of social progress and should be supported. However, the reference to the prohibition of dog meat is considered to be rash and contrary to normal social customs.

In addition to domestic laws, Europe has also introduced some international animal protection conventions. These conventions also have a considerable binding effect on various contracting states, such as the European Convention for the Protection of Agriculture and Livestocks adopted in 1976 and the European Convention for the Protection of Animals for Slaughter established in 1979.

So far, more than 100 countries in the world have enacted the Animal Prohibition Act.

Anti-battery law recognized by experts

The first "Anti-Animal Abuse Law" (Expert Draft), which is mainly drafted by the Law Institute of the Chinese Academy of Social Sciences, met with relevant ministries and commissions, representatives of animal protection organizations, and legal experts to hear their amendments. The chief drafter of the law, Chang Jiwen, a professor at the Institute of Law of the Chinese Academy of Social Sciences, told reporters: "Pure ethical condemnation cannot solve China's recurring problem of animal cruelty, and a law against animal cruelty is needed. consensus."

Chang Jiwen stated that in order to listen to the opinions and suggestions of this law from all walks of life, the Law Institute of the Chinese Academy of Social Sciences and the British Association for the Prevention of Cruelty to Animals specially held the "International Conference on Legal Construction of Animal Protection and Management in China" in Beijing. Foreign Representatives' background and purpose of anti-ill-treatment of animals, basic theories of anti-treatment of animals, system of anti-treatment of animals, law enforcement and justice of anti-treatment of animals, legal construction of anti-treatment of wild animals, construction of anti-treatment of experimental animals, farm animals From the perspectives of anti-abuse legal system construction, pet animal anti-abuse legal system construction, animal medical anti-abuse legal system construction, animal transport anti-abuse legal system construction, animal slaughter anti-abuse legal system construction, etc. Manuscript) conducted a full discussion.

Experts from all sides believe that pure moral condemnation cannot solve China's recurring problem of animal cruelty and requires a law against animal cruelty. However, as a developing country, China's animal protection legal system has a process of development. In this process, we should learn from foreign mature animal protection legislation experience, and develop and improve anti-animal abuse laws that are in line with China s national conditions and cultural traditions, and promote the overall economic and social development; It has a clear banner and is more realistic than the names of the Animal Protection Law, the Animal Welfare Law, and the Animal Friendly (Promotion) Law, and is more acceptable to the public.

Experts suggest that the expert version of the "Anti-Animal Abuse Law" should be rough and not detailed, and it should be gradually detailed after adoption; the law should combine moral promotion, ethical education, legal guidance, and legal sanctions.

In response to the increasing problem of animal abuse by minors, Chang Jiwen believes that the punishment of minors must be prudent, cautious and careful again, the minors must be rescued, rescued and rescued, and the supervision of minors' guardians must be strengthened Liability provisions. This view of Chang Jiwen has also been affirmed by experts from all sides.

Anti-Cruel Animal Law Backlines

The content has been reduced from 182 to 77, and there have been controversies among parties at international seminars.

"Animal Protection Law" changed its name to "Anti Animal Cruelty Law"

Should or should not be banned from eating cats and dogs?

Protection regulations for the protection of economic animals during transportation have been deleted

Is China's legislation on pet rights in line with national conditions? Is it illegal to eat cat or dog meat? Should abandoned pets be punished? How to protect the rights of economic animals used for farming and slaughtering meat? With the birth and development of China's first "Anti-Animal Abuse Law" (formerly known as the "Animal Protection Law") (expert draft), the voice of controversy from all sides has never subsided. On Saturday and Sunday, the "International Symposium on China's Animal Protection and Management Legal System Construction", which aims to comprehensively discuss the contents of the draft, was held in Beijing. Attendees include well-known experts and scholars at home and abroad, representatives of relevant government departments, as well as those from China. Animal protection organizations and individuals outside.

In fact, the "Anti-Animal Abuse Law" which caused great repercussions is just a draft of expert advice from the private sector. It is fundamentally different from the legislative actions led by relevant national departments in China, and there is still a long way to go before the actual legislation distance. However, the draft of the proposal has been publicly known to date, because it involves the sensitive topic of animal rights protection, which has aroused widespread media attention and great response from the people. Various disputes pushed Chang Jiwen to the forefront of public opinion again and again, and this expert proposal led by him also became a platform for enlarging and concentrating the various contradictions of China's animal protection work.

The huge controversy caused by the ban on cat and dog meat

People who do nt eat cat and dog meat scold me now, and people who eat cat and dog meat call me. No matter what you do or how you do, there are people who oppose it. At the seminar, the chief drafting expert of the proposal draft, Chinese Academy of Social Sciences Law Professor Chang Jiwen, a researcher at the Institute, still doesn't change his style of speech.

Previously, some mainstream media in the country had reported on the subject of "Animal Protection Law stipulates that eating cats and dogs will be punished". "Such reports are irresponsible. Our law has never written that people are prohibited from eating cats and dogs, but that people are prohibited from eating cats and dogs" in violation of the law. " It may not be enforced. "

The reporter saw in the draft proposal that Article 23 "The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may decide to prohibit the slaughter of dogs and cats, as well as the prohibition on the transportation and sale of dogs, cat meat, organs, skins, and hair according to the ethnic and customary conditions in the region. Waiting for dogs and cats. "Article 67" If you slaughter dogs, cats or transport or sell dogs and cats and their products in areas where slaughter and sales are prohibited, you shall be fined up to 5,000 yuan for individuals and ordered to be regretted; Units and organizations impose fines ranging from 50,000 yuan to 500,000 yuan. "According to these two regulations, once the law is implemented, whether cat or dog meat is fasted will be treated differently in different regions.

Whether or not "to ban people from eating cats and dogs" should be included in the "Anti-Animal Torture Law" (Expert Draft) is also the most controversial point throughout the meeting. During the discussion, each animal protection organization representative or individual made more than one speech, and in all the questions, experts were strongly requested to include the "prohibition of eating cats and dogs meat" in the draft proposal.

After the meeting entered the first free question time, a representative of the "Beijing Capital Association for the Protection of Animals in China" and a man from the Chongqing Animal Protection Organization successively proposed that "prohibition of eating cat and dog meat" should be included in the expert's draft. Chang Jiwen said that the reason why this issue was not written into the law was because it was too sensitive and related to the ethnic dietary traditions in some areas. "If conditions permit, slaughter of cats and dogs can be banned."

Is the Anti-Cruel Animal Law foreign?

Opponents from some parts of the Internet believe that the "Anti-Animal Abuse Law" drafted by experts is a law derived from Western values and a foreign product that does not conform to China's current social situation.

In response to this accusation, Professor Chang Jiwen wrote in the article "Expert Draft Against Animal Cruelty Law is not a foreign product" published by the Economic Reference. "We are drafting At that time, it did draw on the legislative experience of the European Union, the United States, Australia, Canada, India and China s Hong Kong and Taiwan regions ... Drafting the draft of the "Anti-Animal Torture Law" expert draft ... It is largely based on the history of China's anti-animal cruelty legislation Tradition. "Chang Jiwen gave an example in the article. As early as 32 years of the Guangxu period of the Qing Dynasty, the" Regulations of the General Office of the Inner and Outer City Police of the Beijing Normal University "formulated by the government reflected the good management of animals. In the 34th year of Guangxu, the "Regulations on the Management of Carts" formulated by the General Office of the Beijing Normal University Patrol and Police Force expanded the target of prohibition of abuse from humans to animals such as mules, horses, donkeys, and cattle. At the time, Western countries' anti-animal abuse legislation was backward compared to China. "

When questioning Chinese netizens' imported products, Li Bo's point is very clear: "This is really ridiculous, this view is completely wrong, and the laws to protect animals are not imported. In the past 30 years, China has made rapid progress in various fields such as technology and science. However, the advanced technology and support obtained by these advances are not all from China. Many of them are shared by the whole world. There is no science or technology that belongs to a country or a region. Then, is science foreign? Is advanced technology foreign? No, these are the products of international exchanges. If we discuss topics with scientists in the field of science, they will never say that science is foreign. I think that the protection of animals Law is not a foreign product, it is based on the concept of animal welfare, and animal welfare science is a relatively new science internationally. It has a history of only three or forty years. It is a very new field for the whole world. China also has animal science. Experts, it's just that the Western research in this area is relatively early. "

Which department should be responsible for abandoned animals?

In the "Anti-Animal Abuse Law" (Expert Draft for Experts), it is stipulated that the main task of registration, rescue, capture and delivery of abandoned animals to the shelters is the responsibility of the public security department, which has become another focus of debate at the meeting. In the group discussion, domestic animal protection organizations and individuals were divided into two groups on this issue.

One faction believes that the public security department is a department with law enforcement powers. If any law is to be implemented smoothly, the public security department is the best choice. The other faction is strongly opposed. They believe that animal rescue is a relatively professional and caring job. The work of the public security department is heavy and complicated and lacks animal rescue knowledge, so it is not suitable for this work.

If the public security department does not care, which department should be in charge? Various voices appeared in the opposition, some suggested that the environmental protection department should manage it, some said that the management of the veterinary department was the most suitable, and some suggested that a new department should be set up to be responsible for animal rescue and management.

During the endless debate, Professor Michael of the University of Abbotton in the United Kingdom reminded everyone: "I think we must be pragmatic first. It is very dangerous to pursue perfection at the beginning of legislation. Although the UK's animal protection law has been introduced a lot But still imperfect. I think our most realistic goal now is to first introduce a law against animal cruelty. "

Li Bo of RSPCA also thinks this is a difficult problem. "My personal opinion is that the biggest problem for public security departments involved in animal rescue is that there are probably not many people who have received relevant training. If the law requires public security personnel to intervene, they will face a completely new field, which will definitely require hard work and Comprehensive training. For example, how to judge that the animal is suffering and needs help. In my country, the problem is generally judged by a veterinarian. Animal protection inspectors, police, veterinarians and other departments are involved together. To deal with this matter. "

Li Bo also gave examples in Britain, Japan and Hong Kong, China. "There are animal protection inspectors in the UK. They belong to RSPCA. Because they are not policemen, they cannot enter private houses to investigate whether an animal has been abused. Animal inspectors can notify the police to assist in the investigation. Similarly, if the police are investigating In the process, it may be found that the animal may be abused, and the animal protection inspectors will be notified for professional confirmation. They have a cooperative relationship on this issue. There are also animal protection inspectors in Hong Kong, which are also associations because they are not government officials. They do not have the right to investigate, but if animal abuse is found, they are responsible for providing information to the government s Agriculture, Fisheries and Conservation Department, and government officials are responsible for subsequent investigations. In Japan, they are appointed by local governments. Veterinarians come to serve as animal protection inspectors. They are government-appointed officials with the right to investigate cases of animal abuse.

"I think no country is the ideal model. Every place has its own characteristics, and China has its own situation, but foreign experience can be used as a reference. If this law can be implemented in the future, I think that law enforcement will be informed of relevant issues. Knowledge is very important. Different law enforcement departments should be trained uniformly to know basic humane treatment of animals. Set up animal protection inspectors and be managed by the Ministry of Agriculture or other departments. I think this is the ideal situation. . "

More than half of anti-animal abuse law

From the previous "Animal Protection Law" (Expert Draft of Experts) to the current "Anti-Abuse Animal Law" (Expert Draft of Experts), the change in the name of the manuscript clearly reflects the good intentions of the drafting experts. "The name change is to gain more support. If it is changed to the" Anti-Animal Torture Law ", the voice of opposition will be much reduced. In order to make it easier for all parties to accept the law, we have made some compromises."

Talking about the biggest changes in the two proposals, Professor Chang Jiwen said: "The words are fewer and the clauses are fewer. We just kept the minimum limit of animal protection legislation and removed the higher protection content. For example, how to In the chapter on transporting economic animals, most of the original content has been deleted, leaving only the most basic provisions to protect animals from abuse. "

Promote Anti-Animal Abuse Law

In March 2015, the member of the National Committee of the Chinese People's Political Consultative Conference Tengger proposed calling for the "People's Republic of China's Anti-Cruel Animal Law" to be promoted as soon as possible to create an atmosphere in which people and natural civilization live in harmony. On the official website of the two conferences, the proposal was supported by 550,000 netizens. Several cat and dog abuse incidents have occurred in recent years, prompting strong public condemnation. ^[4]