CBCGDF Legal Working Committee Suggested Amendments to Law on Animal Epidemic Prevention Have Been Submitted to the Legislative Affairs Commission of the Standing Committee of the National People’s Congress (II)

Compulsory immunization is a good system in itself, but it has been distorted in the implementation. Usually the epidemic is not reported, no one is responsible for errors in compulsory immunization, and the development and application of vaccines never catch up with changes in the epidemic.

It is recommended to establish a dynamic adjustment and supervision system for compulsory immunization. At least one third party should be added to monitor and evaluate the system so as to improve the deficiencies of the compulsory immunization regulations in a timely manner. The former Ministry of Agriculture and the Ministry of Finance promoted the introduction the “Notice on Adjusting and Improving the Support Policy for Animal Epidemic Prevention” requires that the state’s compulsory immunization and culling diseases be adjusted in a timely manner, establish a mechanism for compulsory immunization and entry and exit of diseases, adjust the proportion of the central government’s subsidies in the funding of compulsory immunization vaccines, and the way the funds are issued, as well as the way of vaccine procurement and subsidies, optimize the subsidy policy for compulsory immunization. Therefore, adjustments to such well-implemented policies should be incorporated into the legal system in a timely manner.

IX. Establish a system for the prevention and control of exotic diseases

The relevant provisions of the “Draft” on exotic diseases are inadequate, and simply regulating exotic diseases to customs and ports is not enough. It is recommended that the agricultural department establish a complete legal system for prevention and control of exotic diseases, support customs and ports from all aspects of intelligence, scientific research, diagnostic methods and testing technology, to prevent and reduce major epidemics similar to ASF.

X. Strictly standardize harmless treatment

Strict regulations should be made for the harmless treatment of animal epidemic prevention activities, and a unified national plan should be carried out, never allow localities to do their own thing. It is recommended that the “Draft” improve its legal basis on the existing basis.

XI. Establish a compulsory insurance system for animal epidemic prevention to protect the rights of farmers

The need to stamp out animals due to the epidemic will cause de facto losses to breeding enterprises and individuals.

It is recommended to establish a compulsory insurance system for animal epidemic prevention to protect the rights and interests of farmers. At the same time, the standards for compensation should be refined, and it is recommended that the authorization be specifically formulated by the State Council.

XII. Establish a public interest litigation system for animal epidemic prevention

Acts that cause animal damage or destruction in violation of laws and regulations in animal epidemic prevention, according to the provisions of civil law, a public interest litigation system for animal epidemic prevention should be established, authorized social organizations and procuratorial organs can act as plaintiffs in filing civil public interest litigation.

In order to eliminate the damage or destruction of animals from the source, standardize the administrative actions of government departments, urge them to administer according to law, and it is particularly important to establish administrative public interest litigation for animal epidemic prevention. In particular, it is necessary to establish an administrative public interest litigation that uses social organizations as plaintiffs, it plays a vital role in carrying out social supervision, encouraging public participation, and jointly promoting animal epidemic prevention.

XIII. Strengthen legal liability regulations

The “Draft” has the problem of asymmetry and mismatch between legal responsibility and illegal behavior, the legal liability mainly based on fines is not enough to prevent and punish the illegal behavior of animal epidemic prevention. Mainly:

1. Acts but no legal consequences, no legal responsibilities

For example, in the Draft, Article 48, paragraphs 1 and 3, as a carrier, a railway unit cannot carry goods without a quarantine certificate; The carrier shall enter and transit through the channels designated by the provincial government according to law. So, what legal responsibility should be assumed if this article is not followed? Not stipulated in the chapter on legal liability, it is necessary to link to other laws.

It is recommended to clearly stipulate the legal responsibilities of animal epidemic prevention related activities.

2. The punishment is not strong enough

For example, Articles 87 to 91 of the Draft, these 5 articles involve various illegal acts, however, the punishment for the person in charge and the person directly responsible is obviously light, which is not proportional to the harmfulness of their actions.

It is recommended to increase the penalties for violations during the animal epidemic prevention process.

3. The form of punishment is relatively simple

At present, the “Draft” stipulates a variety of administrative punishment methods for the legal liability part. But too much emphasis on fines, the form of responsibility is relatively simple, insufficient use of other forms of administrative legal responsibility, such as confiscation of illegal gains and illegal tools.

It is recommended that the “Draft” make major revisions in the way of assuming legal responsibility.

XIV. Regulate legal terminology

1. Use legal terms more rigorously and scientifically

For example, the “Draft” replaces the current “extinguishing” used in the Animal Epidemic Prevention Law, but Article 4 used “extinguish” again. With regard to the definition of a concept and the constantly changing usage, the public will feel that the amendment of this law is still a patch, rather than a systematic and comprehensive amendment.

It is recommended to use legal terminology more rigorously and more scientifically.

2. Make necessary explanations on relevant legal terms

These terms include but are not limited to control, purification, extermination, extinguishment and disposal. For example, the “Draft” mentioned the concept of “purification” many times in the General Rules, etc. But for the public, the “purification” of animal epidemic prevention activities may not be easy to understand.

It is recommended that the concept of “purification” be clearly defined in this law.

3. Pay attention to the connection with other laws

The Animal Epidemic Prevention Law is a special law for animal epidemic prevention, it belongs to the basic law and core law of animal epidemic prevention, and its status should be understood scientifically.

At the same time, in addition to the “Environmental Protection Law”, “Animal Husbandry Law”, “Infectious Disease Control Law”, “Emergency Response Law” and other laws, the “Draft” should also pay attention to link to the “Biosafety Law” (including articles 16, 20, 25, etc.) that are being formulated, “Wildlife Protection Law” (“Aquaculture” is related to artificial breeding).

Original Chinese article:

http://www.cbcgdf.org/NewsShow/4854/12823.html

发布者:CBCGDF

http://www.cbcgdf.org/English/NewsShow/5014/4030.html

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