Beijing, February 4 news (reporter Wang Jing) a few days ago, the news that "chengguan confiscated 5 horses and spent 100,000 yuan a year" triggered heated discussion among netizens. In this regard, on the afternoon of February 3, Zhu Wenhui, deputy captain of the urban management administrative law enforcement brigade in Lusong District, Zhuzhou City, said in an interview with a reporter from the Central Broadcasting Network: "Not only the cost of hay, but also the cost of transportation. In fact, there are 6 horses, and one is going through the procedures of commissioning and evaluation, and now it is raised by professional horse breeding companies in the countryside. ”
According to media reports, in May 2020, the Chengguan Law Enforcement Brigade of Lusong District, Zhuzhou City, Hunan Province, confiscated five horses grazed illegally in the Xiangjiang Scenic Belt and entrusted special personnel to take care of them for 8 months, spending more than 100,000 yuan. Subsequently, the news of "Chengguan auctioning horses" triggered heated discussion among netizens, and 5 confiscated horses became "auction items". On February 1, the first auction of five horses meant that the cost of supporting horses would increase.
On February 3, Chen Yao, director of the Urban Management and Comprehensive Law Enforcement Bureau of Lusong District, Zhuzhou City, told the Central Broadcasting Network reporter that it would consult with the law enforcement brigade, and if it could not be solved, it would be sent to the zoo for acceptance after three shootings.
From January 1, 2021, the Ministry of Finance promulgated the "Measures for the Administration of Fines and Forfeiture of Property", which mentions that the disposal of fines and confiscated property shall follow the principles of openness, fairness and justice, be classified and disposed of regularly according to law, improve the efficiency of disposal, reduce storage costs and disposal costs, and maximize the disposal value.
Horses in foster care at a professional horse breeding company (courtesy photo)
"Raising 5 horses costs more than 100,000 yuan in 8 months" attracts heated discussion Urban management: including transportation, breeding and other costs
In response to the previous netizens concerned about the topic of "raising 5 horses for 8 months to spend more than 100,000 yuan", Zhu Wenhui introduced that the city does not allow the raising of large livestock, and affected by the epidemic, almost no company is willing to accept, so it can only entrust an agricultural company to foster breeding by horse, "are adult horses, eat grass corn every day, etc., a horse is 2500 yuan a month, and has now been raised for nearly a year." This horse we dare not get close to, very wild. It also includes other expenses such as finding someone to transport, keep, and domesticate. And these expenses, Zhu Wenhui said, are all paid by the law enforcement brigade.
On January 22, the Zhuzhou Public Resources Trading Management Center issued an auction announcement on the confiscation of domestic horses by the Urban Management and Comprehensive Law Enforcement Bureau of Lusong District, Zhuzhou City. The announcement said: An online auction will be held on February 1, and the overall auction will dispose of 5 confiscated domestic horses. "The first time Chengguan auctioned these 5 horses, no one signed up, and the result was a dump." On February 3, a staff member of the entrusting agency Zhuzhou Real Estate Auction Co., Ltd. told reporters that state-owned assets could not be traded privately, and it was expected that the auction would start again in March of the following year.
Why were these horses confiscated? Zhu Wenhui told reporters that the owner of the horse, Liu Mou, often raises horses in the scenery belt along the river in Zhuzhou City, "In May or June, there is excrement everywhere, it is very smelly, many environmental protection volunteers report, and the citizen hotline is about to explode." He said that Liu mou was punished twice by the Lusong Chengguan Brigade in June 2018 and December 2019 for repeated violations of the Regulations on the Management of Urban Appearance and Environmental Sanitation, and was punished by the Lusong Chengguan Brigade for 400 yuan and 1,000 yuan respectively." Therefore, this 100,000 yuan is not only the cost of foster care, but also a lot of law enforcement costs during the period when the horses were detained several times before and after. Zhu Wenhui said.
Chen Yao told reporters, "Before raising horses on the edge of the Xiang River, polluting the Mother River, he did not have the conditions to raise them, so he ate grass on the ground, and it turned out that he had also raised them in a park in Changsha." ”
Why wasn't it returned to the owner of the horse? "You give it back to him, he doesn't have a fixed place to feed, and he will put it back in place." I am also afraid of animal infection during the epidemic and breeding other diseases. Children do not understand, encounter it is dangerous, there is a great safety hazard. Zhu Wenhui said that the relevant departments repeatedly persuaded Liu and provided him with jobs, but they were rejected. In May 2020, the chengguan team members inspected and found that Liu mou once again violated the "Urban Appearance and Environmental Sanitation Management Regulations" and refused to correct them, and the Lusong District Urban Management Administrative Law Enforcement Brigade confiscated the horses in accordance with the law, and entrusted the relevant companies to conduct a public auction of 5 horses in accordance with the procedures.
And these 5 horses have been fed for a long time and are also controversial, "This case is more difficult, rare in the country, and many parties are also discussing how to deal with it." We have received calls from Shanxi, Shandong and other places before, and wanted to photograph these horses, but in the end, due to the impact of the epidemic and other circumstances, we did not participate in the auction. Zhu Wenhui said that there are now customers in Hubei who have signed up to participate in the second auction.
Part of the auction announcement
Officials said they would consider other ways to deal with it
Many people are concerned about the recent situation of these 5 horses. At 3 p.m. on February 3, the reporter of the Central Broadcasting Network first contacted the staff of the auction company, who said that "now it is being raised by the urban management", and then the recent photos of the horses provided by the staff to the reporter showed that the circle was relatively simple, several horses were being raised in the circle, and some were tied to ropes.
"It's been a long time, and the photos taken in December 2019 are so good when they are not taken." When interviewed by reporters, the above-mentioned staff said that there are 3 males and 2 females in the auction list, all of which are domestic horses, with a starting price of 55,200 yuan. "This auction is expected to start again in March of the year. If you stream three times, it will be re-evaluated. ”
"If the auction doesn't go out, it can't die, maybe it can be put in the zoo or racecourse to receive it, but it may not be free, let's see if we can report it, and make a report with the finance." Chen Yao said.
Zhu Wenhui said: "The auction price is assessed by the appraisal company based on the market price. In addition, there are more horses in the plains, and no one accepts them is a problem, because of the reform, many zoos have now been cancelled, even if there are zoos in the city, but there are not many horses. ”
It is worth noting that this incident also reflects the problem of how to properly dispose of live animals in the administrative law enforcement of urban management. The reporter paid attention to the fact that according to media reports, on December 8, 2020, the Forest Public Security Bureau of the Public Security Bureau of the Erenhot City Public Security Bureau of the Inner Mongolia Autonomous Region successfully rescued a vulture, a national second-level protected animal, which was injured and singled out, and successfully released it from nature. A month later, while the police were on patrol, it flew all the way back with the police car. In order to raise it, the police feed 6 kilograms of meat every day, and the food fee is 150 yuan per day. Due to the high cost of food, the police station is ready to lower the food standard and wait for the temperature to rise before releasing the food.
"The things that the urban management is responsible for are very complicated, but they must be managed, and we also hope to take a better way to deal with them." The province and the city know that this is a case of the provincial environmental protection inspector. Zhu Wenhui said.
It is worth noting that the Measures for the Administration of Fines and Forfeitures of Property (hereinafter referred to as the Measures) were promulgated on December 30, 2020 and implemented on January 1, 2021. Article 16 of these stipulates: Where there are 3 or more streaming auctions, after being determined by the law enforcement organs and the financial department at the same level, they may adopt an auction without reserve price or change to other disposal methods through the Internet platform.
According to the above-mentioned Measures, the disposal of fines and confiscated property shall follow the principles of openness, fairness and justice, classify and dispose of them regularly according to law, improve the efficiency of disposal, reduce storage costs and disposal costs, and maximize the disposal value.
Lawyer: Balance and balance the assumption of related costs and the unity of social effects
In response to this matter, Liu Jiaxi, a lawyer at Kangda Law Firm, analyzed that in practice, the urban management department will choose to apply the "Regulations on the Management of Urban Appearance and Environmental Sanitation" and other provisions for general administrative violations. "In this case, the law enforcement unit may change its thinking and explore the application of the relevant provisions of the Administrative Compulsory Enforcement Law." Liu Jiaxi suggested.
It is reported that administrative compulsory enforcement refers to the act of an administrative organ or an administrative organ applying to the people's court to compel the performance of obligations in accordance with law against citizens, legal persons or other organizations that do not perform on administrative decisions. The methods of administrative compulsory enforcement include imposing fines or late fees; transferring deposits and remittances; auctioning or lawfully disposing of sealed or seized places, facilities, or property; removing obstructions or restoring the status quo ante; and performing on behalf of other compulsory enforcement methods.
Liu Jiaxi suggested that in this case, the urban management department can also consider choosing a third-party qualified horse farm, zoo and other institutions to breed on behalf of the horse owner, forcing the horse owner to bear the cost and require self-disposal, such as the horse owner still refuses to dispose of it during the period, and then conduct an auction, which is more reasonable and can reduce the financial burden, "While the administrative organ makes administrative punishments, it should balance and take into account the bearing of relevant costs and the unity of social effects." ”