On December 27, 2018, PDIS held the "42nd Collaboration Meeting of Open Government Liaisons" in the reporter's office of the Council of Agriculture (https://sayit.pdis.nat.gov.tw/ 2018-12-27-Opening the 42nd Collaboration Meeting of Government Liaisons), Discussion Aggravation of Animal Protection Law The case.
This proposal was proposed by the netizen "Su" on August 10, 2018. After three days of approval, the proposal was met. The proposal pointed out that at the end of May, there was a continuous cat incident in Yanji Street. In July, there was a repeated dog-walking incident in Taipei’s Guangfu Bridge. In early August, there were also incidents in which Pingdonglang dogs were killed. The incidents of abusing waves and waves were frequent. It is proposed to aggravate the rules for ill-treatment of stray animals, fully publish names and photos, enforce psychological treatment, and cover all animal medical expenses, hoping to ensure that vulnerable stray cats and dogs will not be harassed, hurt or even killed by those who are concerned.
The number of times of the law is too imbalanced
The law has been revised up to 13 times in the past 20 years since the Republic of China 87. Some scholars believe that most of the current provisions of the law Related to pets, the rest of the standard density of economic animals and experimental animals is not enough, I am afraid that it has been out of balance. At the same time, some of the relevant provisions of the Sports Protection Law are difficult to implement, and there are many differences with the Wildlife Conservation Law. At present, in dealing with such cases of animal cruelty, the biggest problem is that it is difficult to find the perpetrator or to obtain evidence. Therefore, it is worthwhile to discuss whether the practice of aggravating the intensity of the penalty can improve the animal abuse. In addition to this, some provisions of the current insurance law are too strict, I am afraid that there is a big difference between the actual effect and the actual effect, and may even be difficult to implement. There have always been suggestions in the society that a start-up summit should be held, or a state-level insurance law modification committee should be comprehensively reviewed and combed with the provisions of the law or related laws.
Proposal proposes "enhancement of penalties" as a solution, but the problem that I hope to solve is "to ensure that stray cats and dogs are not harassed, hurt or even killed by people who are interested", so we begin to analyze the problem from this perspective. The problem of animal cruelty was pre-prevented and post-processed, and a topic manual was prepared for the participants' reference.
This topic is divided into two aspects: pre-existing prevention and post-processing. In terms of prevention in advance, it includes life education, breeding of pets, adoption registration, responsibility of the owner, and the containment of stray animals and TNVR. In the case of post-processing, it includes penalties and legal issues, as well as issues that are difficult to convict. These topics are written into the issue manual after the host team has assembled the current issues and the direction of government administration.
The COA proposes to improve the animal protection needs to strengthen the function of the invigilator
At the beginning of the meeting, the proponent pointed out that there will be a relatively large number of dynamic insurance cases every other time, but generally The public cannot understand why the parties often fail to pay off? He believes that public institutions and the people seem to have a large generation gap. He believes that the general public is too easy to get pets. If it is too easy to adopt, everyone will easily throw away cats and dogs, leading to conflicts between stray animals and wild animals. He thinks this is the result of many people taking pets as items. He hopes to make Taiwan a better country by teaching everyone to respect life.
The Agriculture Committee mentioned that the law of sports protection has been amended more than ten times since the Republic of China in 1987. In fact, the damage caused by the intentional or negligent animal has been divided into four different penalties. The most serious penalty is the use of drugs and firearms, which cause the animals to die in full. There will be one to five years of imprisonment, and a fine of more than 500,000 and less than 5 million will be required.
In addition, for the part of the perpetrator, the competent authority may publish the name, photo and facts of the violation. If it is slaughtered or deliberately caused animal damage, and its limbs are severely disabled, or lose vital organs, there are also two years of imprisonment, as well as criminal penalties of more than 200,000 and less than 2 million. Deliberately caused animal damage, but did not cause serious death or death, or negligence caused serious animal death or injury, or even death, this part of the fine of more than 15,000 yuan, less than 75,000 yuan fine. Deliberate harassment of animals, although it did not cause an animal to have an injured or physiological condition, or deliberately negligent did not cause animal death, this part will be fined NT$3,000 or more and less than RMB15,000.
The Council pointed out that compared with the current criminal law, the child law and the welfare law for the elderly, the animal protection law is not relatively light in the criminal law or the part of the penalty. In terms of penalties in the six countries, Taiwan’s Republic of China penalties are relatively the heaviest in terms of criminal law or part-time fines.
The COA shared the results of the survey in May 2018. There are 153 mobile protection workers in Taiwan. On average, each person has more than 1,100 mobile insurance complaints to be processed each year. Dealing with each case, approximately one can be assigned to the survey time of 1.64 hours. The pressure of the first-line staff is very high, which also causes the turnover rate to become high and the experience is difficult to accumulate.
The COA shared that in recent years, it has actively promoted the quality of public shelters, and hopes that in the future, it will be able to reverse the impression of the whole animal shelter society and transform towards education, tourism and leisure. For private places where a large number of cats and dogs are kept in large numbers, the COA will also establish a model of graded counseling, hoping to improve the environment and animal welfare of private breeding sites in the future.
The Council recommended that the professionalism and functions of the overall grassroots animal protection personnel be improved so that public power can be effectively extended and the public feels. The COA also shared that this year's animal protection law has included the animal life education part into the 12-year curriculum. In the future, we hope to cooperate with the Ministry of Education and the community to provide opportunities for the society to have access to life education.
Issues to clarify the legal status of animals into disputes
Participants pointed out that there is a provision in the Law of Protection Act 25-1 that "the use of drugs, firearms, and the number of animal deaths is significant" In the five years of imprisonment, she pointed out that the comma behind the original "arms" was a comma. As a result, even if no drugs or firearms were used, it would not be possible to apply this legal punishment simply for the death of multiple animals. However, the COA responded that even if 25-1 is not applicable, it can still apply Article 25 of the Sports Protection Law, and can be sentenced to fixed-term imprisonment of two years or less, or a fine of more than 200,000 yuan and less than 2 million yuan in criminal detention.
There was also a discussion about the legal status of animals. Sharing with the participants, she only knew when she was doing legal counseling. In the definition of the legal profession, animals are considered as items, so the abuse of animals is a crime of damage, and even depreciation. The participating groups also shared that there is a provision in the German Civil Code that states that animals are not items, but in fact it is inevitable that some parts of the animal still apply the property law when applicable, and later amended the constitution to include animal protection in the national goals and policies. . He believes that the positioning of animals in the legal system is a problem that must be pondered. The Taiwan Society for Animal Society wants to know whether the government has a way to conduct research on this issue. The COA responds to the analysis of the scope of administrative capacity.
Legal scholars pointed out that the original aggravated penalty was to avoid animal cruelty, but he wanted to remind everyone that when the criminal law was used, it should be discussed. In Germany, for example, they have only one article, three years or less, but Germany does not have enough protection for animals. He suggested that everyone should think about how public-private partnerships can help the insured to prove, including the bonus method, and tell the public how to assist in the proof, such as the angle of the photo, which can be done.
It was pointed out that he hopes that in addition to penalties, he should also publish his name and the facts of the crime. However, some scholars have reminded me where the purpose of publishing names is. If the name is to be humiliated, it is important to note that it may violate the interpretation of Chief Justice Interpretation No. 656. He believes that he can do counseling education. He believes that Taiwanese are more anxious and the pressure of the class is actually greater than the fine. He believes that the country must make animal protection a social consensus. Further, it is the right thing to do to raise the cost of raising animals and to have each animal fully registered to avoid wandering animals.
For the pet registration system, the Council of Agriculture said that it has been implemented for almost 20 years, and the owner of the animal family has already registered as a pet. However, there is still a group of owners who know that they only feed him, give him a little meal, and don't think they have animals. They shared that in the past few years, there have been three-in-one actions to sterilize and register pets. They hope to make such a donor identity clear and break through the current bottleneck. The Taiwan Society for Animal Science reminded that the most fundamental problem is the values of the people. If they are not resolved, the conflict will always exist.
About the status of voluntary insurance workers, civil society groups said that due to lack of experience and cases, most of the civil security commissioned commissioners are actually not sure how to use regulations in practice, so the voluntary insurance staff is large. Part is the part that assists in the search. The Taiwan Association for the Prevention of Animal Abuse also shared that in the sharing of information, it is sometimes difficult for the compulsory insured to obtain the follow-up information of the case, and the cooperation is prone to problems. However, some insurance practitioners shared their experience and said that some volunteers will be in charge of supervising the role of the government. Some even enter the door is the action for live broadcast, video recording, and fundraising, which in turn causes troubles for the work of the athletes.
The Taiwan Society for Animal Society said that animal protection inspectors are not recognized by the society. "The principle of how people should treat animals is not clear. There is no basic consensus in this society. The COA has more movements. There is no way for the inspectors to "implement animal protection", only "father and son ride"." They believe that raising the legal level of animals can make people pay attention to animal protection.
According to the morning discussion, the afternoon group discussion focused on "how to improve the energy of animal protection under existing manpower to avoid more stray animals being abused?" and "How to improve the immobilisation, police It is a matter of witnessing the people’s search for the problem of ill-treatment of stray animals and avoiding the abuse of more stray animals.
Group discussion public-private partnership to assist the law enforcement staff to enforce law
The first group of reports shared two questions, the first one is about the lack of manpower. They believe that they can be resolved by public-private partnerships or civil insurance workers, but there may be obstacles to communication or unclear rights and responsibilities. Therefore, they suggest that a clear cooperation mechanism can be established, which can be handled by civil security workers in the form of administrative entrustment. These private volunteers can find relevant operators or groups to train relevant volunteers. However, the general public can promote the public's awareness of the law of protection through the long-term.
In the part of the search, the second group shared, many times the search has a lot of problems, for example, the general public may directly discard the body of the cat and dog, or the site is a private place, the local insured may be human Insufficient to feel the scene and so on, resulting in the difficulty of the search. They suggested that they could create high-risk maps for mobile insurance, and set up monitors where human dogs and cats have high conflicts. Participants also mentioned that a netizen, Zuo Xiangmin, already has some courses to teach the public how to search for evidence on the SPCA website. There are also some lists of searches. It may be overcome through education and publicity, and the SOP for the search is clear. Attach a sample photo and ask the lieutenant or the insurance group to help. The second group will share, when the insured's ability is insufficient, they may want to use the public and private department's propaganda activities to talk to them about the TNR during the Limin Conference and seize what the lieutenant wants, such as the ballot. To encourage the participation of the people. In terms of private dog farms, there is usually not much problem with feed, but it is lacking in the medical sector. The second group recommends that public shelters establish medical centers to improve medical energy.
In the medical expenses after the animal has been abused, it is recommended that the COA can do relevant research to see how it can be overcome by regulations. In the search section, you can create a manual for animal protection and a DM to let the public know how to search for it.
In the aspect of accessing the monitor, the second group suggested that the police can be accompanied, and the chance of cooperation with the store is relatively high. If the police can't, please ask the insured to review it in the past. In terms of adoption, the second group pointed out that many people were enthusiastic about adopting animals and found that the animals were not suitable at home and wanted to return. As a result, they would violate the laws and regulations and be blacklisted. Instead, they could no longer adopt animals. The second group believes that it can improve the adoption and maintenance mechanism. When it is adopted for one month, it is familiar and then changed to adoption, and it can handle related problems.
When Tang Feng summed up, the COA is collecting the “White Animal Welfare White Paper” on the Join platform. The deadline is January 20th. Anyone can go to the message and ask the COA to amend it. The results of the conference will be shared by Tang Feng at the government meeting next week for reference in future policy development; related issues manuals, films, mind maps and verbatim records will also be made available on the Internet.
There are many issues in the insurance policy. I look forward to the collaborative meeting to help understand the structural issues.
Participants pointed out that this meeting will help them understand the topic, but the topic manual is too late, There are also many people who don't know about this meeting, which is a pity. They also mentioned that the teachers at the meeting explained that the law was complete and that the discussion was much deeper, but they needed a little time to digest the nouns. "You need to go home to review." Participants said that the issue of motion insurance is complex and complex, and it requires a lot of experience or understanding of issues to properly guide. They think that the host and the desk director are also very experienced, so that the topic can be carried out in the right place, and the small table leader has good control over time. Participants said that at the beginning they did not know what the post-it was doing, but it was found to be very useful. However, they think the discussion is still relatively vague and there is no good solution. The settlement of the law of protection will take a long time, including the rebound of non-governmental labor unions, the training of veterinarians, etc. I am afraid that it will take some time to really solve the problem. Participants are eager to see more of such meetings, on the one hand, to see real structural problems, and in addition to promote friendly dialogue between the public sector and the private sector.