China: Anti-Eating Dogs & Cats Law – 5000 Yuan Fine & 15 Days Imprisonment

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Original Chinese Language Text: Chongqing Evening News

(Translated by Adrian Chan-Wyles PhD)

Translator’s Note: This is an article from the mainland Chinese internet which appeared in 2010, and which clearly explains the contemporary Chinese legal position on animal welfare. It is illegal to farm cats and dogs for eating in China. However, illegal activity of this kind sometimes occurs, and this has led various Western animal rights movements to initiate racially motivated campaigns against China (and Chinese people around the world), through the propagation of incorrect, distorted, or out of date information. All countries have criminal elements, and to judge China by the behaviour of a small number of people who break the law, would be the same as judging mainstream British culture through the viewpoints of the racist United Kingdom Independence Party (UKIP), or those languishing in British prisons for cruelty offenses, etc. Many Chinese people are Buddhists who follow strict vegetarian diets and would never hurt an animal. Many others are part of robust animal rights movements that do very good work in China – but these Western critiques treat the Chinese people as if they are inherently ‘evil’, and completely ignore the Chinese animal rights movement – which is premised upon Buddhist morality- and not that of the Judeo-Christian tradition. ACW 16.6.15

China’s first ‘Animal Protection Law’ is in the developmental stage, whereby many members of Chinese ‘Animal Welfare’ community are being asked for their thoughts and opinions on the matter of animal welfare.   Following this valuable input, legal experts have decided to change the references in the draft proposal so as to make a clear and specific reference to a general ‘Anti-Animal Cruelty Law’. In April, these suggested changes were forwarded to the relevant government department.

Today, the Animal Protection Law Project Group leader Professor Chang Jiwen – (who is an expert in draft law) from the Social Science Institute – indicated that the ‘Animal Protection Law (Expert Consultation Paper) has progressed positively over a four month period, which saw him receive over 300 emails and more than 400 telephone calls. The majority of opinions expressed have been supportive and objective of the intended law, but Professor Chang also said that some citizens stated that they were unable to accept the notion of ‘Animal Protection’ or ‘Animal Welfare’, because the need to safeguard humanity’s welfare most take precedence.

In the light of this input, the Project Group decided to change the emphasis of the formulation of the draft from that of a ‘Protective’ law, to that of a law directly aimed at countering ‘Animal Cruelty’. This ‘anti-cruelty’ concept refers to deliberate and intentional brutal treatment of an animal, which inflicts unnecessary pain and injury, or in the case of lawful animal slaughter, is designed to protect the animal from brutal methods. The Project Group stated that ordinary people felt they could accept the concept of ‘anti-cruelty’ being made law, rather than the vague concept of ‘Animal Protection’.

Professor Chang disclosed that the amended ‘Animal Anti-Cruelty Law (Expert Consultation Paper) is divided into nine chapters, and takes its central premise as the prevention of animal cruelty inflicted on wild animals, farming animals, and pets – along with many other specific subgroups and categories. This includes animal medical services, animal transportation, and animal slaughter, and makes clear the law and legal ramifications if the law is broken.

It is important to note that this legislation specifically out-laws the eating of cats and dogs.

Professor Chang stated: ‘Ordinary people in China are now in a far better economic situation than those living in the past who had to eat anything to survive. The consultation proved that generally Chinese people do not agree with, or feel the need to eat cats and dogs in modern China, and that the out-lawing of this minority behaviour is not viewed as an issue.’

Reporter: the ‘Animal Anti-Cruelty Law (Expert Consultation Paper)’ stipulates that it is illegal to eat dogs and cats, or sell cats and dogs for meat. Those caught doing this will be fined 5000 Yuan and be imprisoned for 15 days. Offenders will also be ordered to sign a legal statement of repentance. Fines for businesses found illegally participating in this activity will be fined anything from 10,000 to 500,000 Yuan. The police and security agencies will be empowered to enforce this law, and the general public is encouraged to report anyone seen participating in this illegal behaviour.

The Chinese livestock and agricultural businesses support this anti-cruelty law, as they are of the opinion that in the long term this will assist Chinese import and export industry through the lowering of trade barriers.

However, Professor Chang Jiwen also stated: ‘At this time it has been prudent to introduce an ‘anti-cruelty’ rather than an ‘Animal Protection’ law, but the time will come when an ‘Animal Protection’ law will be needed as a natural progression in the development of animal welfare in China.’

©opyright: Adrian Chan-Wyles (ShiDaDao) 2015.

Original Chinese Language Source Text:

http://www.cqjj.net/news/show.asp?id=175232

猫狗吃不得了 或遭罚款5000拘留15天

我国首部“动物保护法”在征集意见过程中,有不少市民对“动物福利”提出质疑。对此,法律专家经过讨论,决定改变提法,起草“反虐待动物法”,4月份向相关部门提交专家建议稿。

天,动物保护法项目组负责人、首席起草专家、社科院法研所常纪文教授表示,《动物保护法(专家意见稿)》面向社会征集意见4个多月的时间里,共收到300多封电子邮件和400多个电话,大部分意见比较客观,但也有一些市民表示无法接受“动物保护”以及“动物福利”的提法。“他们觉得目前最重要的是先保障人的福利。”常教授说。

鉴于此,项目组决定改变提法,起草“反虐待动物法”。“虐待”是指故意以残酷的手段或者方式给动物以不必要的痛苦和伤害,或者以残酷的手段或者方式杀害动物。项目组认为,“反虐待”的说法更容易被市民所接受,因此新起草的法律将贯彻反虐待的原则。目前,该法律专家建议稿已基本完成。

常教授透露,《反虐待动物法(专家建议稿)》分为九章,大致包括反虐待动物的主要制度,野生动物、经济动物、宠物等多类动物的反虐待措施,动物医疗、动物运输、动物屠宰的反虐待措施,法律责任以及附则。

值得关注的是,“禁食猫狗肉”写进了《反虐待动物法(专家建议稿)》。

“禁止吃猫肉狗肉并不会给市民带来太大的影响,现在物质生活这么丰富,吃猫肉狗肉的人毕竟是少数。”常教授说。

记者了解到,《反虐待动物法(专家建议稿)》规定,违法食用犬、猫或者销售犬、猫肉,将对个人处5000元以下罚款并处15日以下拘留,并责令具结悔过;对单位和组织处1万元以上50万元以下罚款。在监管职责方面,由公安机关统一监督管理,公安机关必须设立统一的报案电话,其他部门分工负责。

据了解,中国土产畜产进出口总公司等支持“反虐待动物法”立法,此法出台有望消除贸易壁垒,提高我国羊绒、羽绒等产品的进出口量。

常纪文教授表示,暂缓制定“动物保护法”,是根据现实情况所作的决定,从长远来看,“动物保护法”仍然需要。

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1 Comment

  1. China: Yulin Dog Meat Festival Not ‘Officially’ by Government (10.6.2014) | The Sangha Kommune.

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