A pet dog hurts people, and all stray animals deserve to die?
Author | Zhang Wenxi
Edit|晏Fei
Title map | A still from "A Dog's Mission"
The social heated discussion caused by the Chongzhou Rottflair dog biting the girl has not subsided. Some people pay attention to the development of the incident and advocate and call for civilized dog breeding. However, an emotional, irrational voice began to prevail.
This sound is intended to "cleanse" stray animals. Individual communities have publicly stated that stray animals will be killed.
It is rumored on the Internet that a community in Chengdu issued a notice in the name of the neighborhood committee, saying that "the street will organize and carry out a clean-up and rectification action for stray dogs in conjunction with the public security and other departments, and carry out centralized killing of stray dogs and ownerless dogs in its jurisdiction." To this end, @伴侣动物专项基金 contacted the Chengdu citizen service hotline and received a reply that there was no notice to kill dogs in Chengdu.
At the same time, many pet owners have found that needle holes or powders have been inserted on the express packaging bags of cat food and dog food purchased online, and there have been cases of pets dying after eating. According to incomplete statistics, up to now, more than 150 pet food companies have issued relevant statements to privacy the express packaging.
The emotions of "hating cats" and "hating dogs" continue to ferment in reality and the Internet. On October 17, a stray yellow dog at Chongqing University of International Business and Economics was arrested and killed by security guards. Coincidentally, on October 19, some tourists reported that the stray cats in the Huqiu Mountain Scenic Area in Suzhou, Jiangsu Province had decreased significantly, and one cat was found to be suspected of being poisoned and convulsing.
Pet owners in many places have found different forms of poisoning for cats and dogs. (Photo/Social platform screenshot)
The focus of the discussion of the incident has evolved from the initial civilized dog breeding problem to a heated debate about whether stray animals should be killed. The fault of an owner who walked his dog without a leash sat all the cats and dogs.
The tragedy of stray animals, comes from humans
Animals seem to have always been an object of use to modern humans. Some dogs are used in public undertakings such as drug search, rescue, and guide because of their particularly sensitive sense of smell and high obedience. More cats and dogs are used as pets, accompanying humans.
Duan Yifu explains in his book "Making Pets" how people influence animals by disposing of resources and creating power.
Human beings create something based on egoism, defining useful and harmful by human standards. Can help human beings complete tasks, improve productivity, and provide emotional value, is "a good friend of mankind", is great and beneficial; When they become stray animals that need human regulation and management, they become harmful objects that affect the appearance of the city, endanger safety, and need to be cleaned up.
Anti-drug dogs are often used to seize smuggled drugs. (Photo/Figureworm Creative)
However, people ignore that behind every stray animal, there is an irresponsible owner.
Qian Yefang, a professor at the Law School of Zhongnan University of Economics and Law, summarized the main sources of stray animals into three categories: abandonment, loss and reproduction.
In a 2022 report in Rule of Law Daily, Qian Yefang explained why the number of stray animals on the mainland has not decreased but increased: "In the mainland, due to the absence of substantive laws prohibiting and punishing the abandonment of pets, the lack of law enforcement on dog management, and the absence of underground breeding, the breeding and breeding of cats and dogs is out of control and disorderly." ”
Cats and dogs cannot choose their own owners, and the reason why stray animals exist and are abandoned at will by irresponsible breeders is an important reason for this.
Many people buy cats and dogs on impulse because they are cute and take them home, and then give up raising for various reasons, which is called "release to nature". Some breeders do not neuter dogs and cats in time, causing them to breed in large numbers after wandering, producing more stray animals.
Owners discard pets at will, which is one of the important reasons for the increase in the number of stray animals. (Photo/Unsplash)
The deformed and pathological human aesthetics and profit-seeking needs are also a side portrayal of anthropocentrism.
Some certain types of pets should not continue to breed because they carry disease genes. However, out of the need to pursue profits, many businesses still breed such pets for sale.
For example, folding cats are loved by individual "pet owners" because of the appearance of their ears pulled down, but in fact, this characteristic is a manifestation of osteochondrosis, and some consumers neglect to understand it, and then abandon it directly after the folding cat becomes ill.
Irresponsible pet breeders, unscrupulous businessmen who pursue profits without bottom lines and the lack of scientific pet raising concepts have jointly created the tragedy of stray animals.
Why do human-dog conflicts occur frequently?
As the news of Chongzhou Rottwiner dog pounces on girls expands, the distrust of pet owners in society has become stronger.
On the one hand, there are indeed uncivilized pet raising phenomena in cities such as not leashing and allowing pets to defecate in the open; On the other hand, the responsibility for a small number of uncivilized pets is attributed to the entire group and even stray animals by groups who do not understand pet owners, believing that companion animals and stray animals are potential attackers.
In extreme cases, the latter, unwilling to understand the habits of animals, only want to rudely erase all factors that they consider dangerous, so there is a cruelty to animals and even indiscriminate poisoning. People of both positions attack each other, and trust is difficult to bridge.
On October 16, a Rovina dog bite incident occurred in Chongzhou City, Sichuan.
In recent years, there have been frequent contradictions between humans and dogs in various places, which are specifically manifested in pets that do not lead and bite passers-by, stray dogs attacking passers-by, and stray dogs that are bred without control affecting the lives of citizens.
Behind the frequent contradictions between humans and dogs, there are two problems in one body: on the one hand, the regulation of pet owners and the lack and standardization of management methods for stray animals; On the other hand, the supporting facilities are not enough to support the formation of an "animal-friendly" society.
Although many places have issued local urban dog management regulations, there are still different standards in the specific regulations on dog breeding in first-tier cities. (See "Frequent incidents of strong dogs hurting people, can we only learn to protect ourselves")
In addition, although the current law does not explicitly provide for pets, artificially bred pets can often be recognized as movable property in rem. This allows pet owners to seek the protection of corresponding rights and interests, while also legally regulating themselves.
In Chapter 9 of the Civil Code, "Liability for Damage to Raising Animals", it is stated that "animal keepers or managers who violate management regulations and fail to take safety measures against animals and cause damage to others" and "animal keepers or managers who cause damage to others by dangerous animals such as strong dogs that are prohibited from keeping" all specify that they shall bear tort liability.
A dog waiting for the owner on the side of the road. (Photo/Unsplash)
It is worth noting that the contradiction between humans and dogs has never been the cause of dogs alone.
According to the "China Pet Industry White Paper", the number of urban dogs in China is 51.19 million. Among them, pet owners in second-tier cities accounted for the main proportion, reaching 50.7%; Pet owners in first-tier cities accounted for 27.5% of the country.
While the enthusiasm for pet raising is high, some cities are not fully prepared around the pet needs of residents. In 2022, the UPS Urban Scene Research Office, together with All4Pets, Jiji Architecture, and Architecture as a Medium team, jointly initiated and completed the research report "We Can Enjoy Living with Pets", which investigated the plight faced by urban pet owners through 125 questionnaires and interviews.
In the collected questionnaire, the researchers found that most of the pain points of urban pet owners were concentrated in the inconvenience caused by outdoor public spaces, including but not limited to the lack of pet-friendly devices in the current road facilities, and the possibility of encountering passers-by who are afraid of dogs during dog walking.
(Photo/Unsplash)
In addition, the lack of public spaces where pets can enter in the city has invisibly narrowed and suppressed the needs of pet owners. The Paper "Shanghai Civilized Pet Observation | How to balance pet travel and public safety? One interviewee said she lives in Putuo District, and the surrounding parks are not allowed with dogs, and "usually only go to parks and green spaces in suburban areas such as Jiading and Songjiang, or indoor pet parks."
The discussion should be about civilized dog breeding,
Instead of killing animals indiscriminately
The way a city treats stray animals reflects the soundness of relevant laws and regulations, as well as the basic moral level of citizens. The production of stray animals is closely related to the registration, breeding, trading, and management of pets.
Stray animals are ownerless, wandering creatures, and after they cause damage to others, it is difficult to find specific responsible subjects to hold them accountable. Even though Article 1249 of the Civil Code stipulates: "If an abandoned or escaped animal causes damage to others during the period of abandonment or escape, the original keeper or manager of the animal shall bear tort liability." "However, finding the original keeper of the animal is not an easy task.
Lin Liming, a lawyer at Beijing Yingke (Dongguan) Law Firm, believes that although according to the provisions of the Civil Code, if there is a relatively stable breeder, such as often putting food to stray pets in a certain part of the community, then in this case, if a stray pet injures someone, it will be judged whether it constitutes a breeder according to factors such as feeding time, feeding location, and whether a stable feeding relationship has been formed, and if it is constituted, the breeder will be required to bear responsibility with reference to the provisions of the Civil Code.
"However, in the current laws and regulations, the specific criteria for constituting a breeder are not specified in detail, and it is basically up to the judge to judge based on the actual circumstances."
(Photo/Unsplash)
To date, there is no legal provision specifically for stray animals or animal welfare.
From a legal point of view, the abuse and killing of stray animals is difficult to punish, and it is also the result of the lack of legal norms as a basis.
Although there are scattered provisions involving stray animals in laws and regulations such as the Animal Epidemic Prevention Law, the Public Security Administration Punishment Law, and the Tort Liability Law, Zhao Wanping, a deputy to the National People's Congress, vice president of the Anhui Academy of Agricultural Sciences, and vice president of the China Agricultural Animal Welfare International Cooperation Branch, pointed out that there are still problems such as "many norms contradicting each other, difficult to connect between laws", "not strictly defining and managing animal cruelty", "few preventive measures and insufficient punishment". These provisions have not substantially had an effect on curbing the growth of stray animals and animal cruelty.
Lawyer Lin Liming believes that, in general, the mainland lacks relevant laws and regulations to protect stray animals themselves, "even if individual civilized articles such as the Regulations on the Promotion of Civilized Behavior in Chaozhou City or the Regulations on the Administration of Dog Breeding in Chongqing City stipulate 'no abandonment and abuse of pets', there are no corresponding rules for violations of relevant regulations, and it is difficult to actually regulate the abuse of stray pets."
(Photo/Unsplash)
In fact, the mainland proposed the Animal Protection Law of the People's Republic of China (Draft Expert Recommendations) in 2009 and the Anti-Cruelty Protection Law of the People's Republic of China (Draft Expert Recommendations) in 2010, but the above legislation has not been passed.
"The main reasons include the following aspects: disputes over the legal status of animals, lack of social consensus, difficulty in confirming the necessity of protection, implementation standards and enforcement costs." Lawyer Lin Liming explained.
Animal problems are essentially human problems. Not allowing pet breeding behaviors to have laws to follow, not regulating the relevant regulations of civilized dog breeding, not increasing the cost of abandoning pets, but rudely killing all stray animals with a stick will not help reduce the problem of stray animals, nor is it conducive to improving the relationship between humans and animals in the city.
How should humans and dogs coexist?
Trying to clarify the question of how to coexist with animals in cities inevitably requires a discussion of how to deal with stray animals.
The "processing" mentioned here is not anthropocentric deprivation of the life of stray animals in order to achieve the purpose of brutal problem solving. It is to reduce the abandonment of pets at the root, reduce the number and frequency of breeding of stray animals, and at the same time, provide a suitable and appropriate shelter system for stray animals living outside.
Increasing the cost of abandonment for pet owners can reduce the risk of pet abandonment. (Photo/Unsplash)
Increasing the cost of abandonment for pet owners can reduce the risk of pet abandonment, and also allow people to reconsider and make deliberate decisions before buying a pet.
Germany is known as the country where stray dogs do not appear because of the very small number of stray animals. As early as 1990, Germany added Article 90a to its Civil Code: "Animals are not objects and are protected by special laws." "This regulation brings animals within the scope of legal protection. In Germany, owners of abandoned dogs can face fines of up to €25,000.
Cats and dogs living in cities, what's wrong? (Photo/Figureworm Creative)
In terms of reducing the breeding of stray animals, TNR is considered to be the most common humane and effective method of controlling stray animals in the world.
In the 90s of the 20th century, TNR was promoted in Western countries and later introduced into China. TNR specifically means trap, neuter, and return. Now, some aid organizations will add steps to help stray animals get vaccinated against rabies between the two links of "sterilization" and "return to place" to prevent the spread of rabies.
A good shelter system and institutions can play a role in resettling stray animals, thereby reducing the occurrence of human-dog conflicts.
At present, only some economically developed areas in the mainland have governments to set up stray animal shelters, and many stray animal shelters are funded by non-governmental institutions or pet lovers, most of them face the embarrassing situation of irregular funding sources, limited site manpower, and great dependence on external donations. Therefore, whether it can "self-hematopoietic" has become the key to the survival and development of stray animal shelters.
In 2019, the animal rescue charity organization "Laughing Angel Animal Care Center" built an adoption experience center in Haizhu District, Guangzhou. Different from the simple rescue base, the adoption center is open to the public for appointments, and the agency can reduce the operational burden through shoe covers and cat sticks purchased by the public.
Similarly, there are cases of combining stray animal rescue with commerce. In April 2023, the mobile car of the Little Orange Cat Stray Cat Public Welfare Project appeared in a large shopping mall in Shanghai's Changning District, and the cats waiting for adoption attracted passing consumers and drove the sales of coffee.
The life of stray animals is also life. (Photo/Unsplash)
But unfortunately, no matter how perfect the system and how the methods are improved, the number of stray animals will not be zeroed. "Whether human beings have the right to determine other lives" has become a question that we cannot avoid.
Some people will ask, pets are not human after all, their lives are not noble compared to humans, and stray cats and dogs are "lower animals" that no one raises, and even private property cannot be called private property, so why is it necessary to protect their lives?
The answer, perhaps, is that it shows how we view life and how we treat the weak, who are not as strong as ourselves.
Regarding the current controversy about stray animals in society, Zhu Tianxin, a Taiwanese writer and animal protection volunteer, recommended the book "I Want Them to Live: A Record of Ten Years of Zero Culling of Stray Animals in Kumamoto City" that deserves to be re-read: "A place that is willing to treat stray animals well will definitely treat non-our race well." ”
(Photo/"A Dog's Mission" stills)
In addition to stray animals, people also have to learn how to get along with pets in the city.
Pet-friendly businesses in some regions have begun to set up dedicated pet rest areas and areas for pet shoppers to avoid disturbing other consumers and allowing pet owners to enjoy more space. Pet areas in some pet-friendly parks also have special supplies for pets to defecate to reduce the problems caused by open defecation in the city.
Selfishly believing that a certain space belongs only to human beings is arrogance and arrogance. In the face of other creatures living together, we should think about how to live in harmony with them, not hunt them down.
The superiority of civilization does not lie in the ability to kill the weak, but in whether there is space to accommodate non-our race. The mistake of a pet keeper who does not comply should not be borne by innocent animals.
Proofreader: Zou Weiyun
Operation: Hee-hee
Typesetting: Shen Zaohui
[1] Proposal on legislation to solve the problem of stray dogs (stray animals), Anqing Normal University
[2] Interpretation of the legal system of animal protection and management in Japan, Chen Sun Linfeng
[3] Legal research on stray animals on the mainland, sticky Xiaoyang
[4] A New Deal for Turkey’s Homeless Dogs, New York Times
[5] The "shovel officer" paid attention to the prohibition of dog breeds, travel restrictions, and punishment measures for violations in various places, and surging news
[6] China Pet Industry White Paper - China Pet Consumption Report 2022
[7] Under the boom of "it economy", how to build an urban space that coexists harmoniously with pets? , FRAMEEEE architecture
[8] Hurtful, annoying, sanitize pitiful How should the surge in the number of stray cats and dogs be handled? , Rule of Law Daily
[9] The Expo Cultural Park has built an adoption platform, how to "self-make blood" for stray animal public welfare services, watch the news
[10] Chengdu began to shelter forbidden dogs from the 16th, and 22 kinds of strong and large dogs were banned, Red Star News
[11] The express poisoning incident triggered industry fermentation: 150+ pet brands spoke, 4 dimensions to ensure logistics safety, and send pet industry reference
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