Consultation on Article 75 of the Public Security Administration Law

Article 75: [Raising animals to interfere with the normal life of others, allowing animals to intimidate others, and driving animals to harm others, and punishment].

Raising animals and interfering with the normal lives of others shall be given a warning; Those who do not make corrections after warnings, or allow animals to intimidate others, shall be fined not less than 200 yuan but not more than 500 yuan.

Where animals are driven to harm others, punishment is to be given in accordance with the provisions of paragraph 1 of article 43 of this Law.

Interpretation of Provisions] This act is a newly added violation of the administration of public security. In recent years, more and more city dwellers keep animals as pets. On the one hand, pets can bring joy to their owners, especially to help the elderly eliminate loneliness; On the other hand, if pets are not managed well, they can interfere with the normal life of others, such as the meowing of pets will affect the rest of the surrounding neighbors.

What's more, some people use animals to harm others, such as driving or conniving at animals to intimidate and harm others. Such acts not only impede the order of social management, but also infringe on the personal rights of others, and must be prohibited by law. In the course of the legislative process, the Ministry of Public Security has repeatedly recommended the deletion of this act, mainly considering that raising animals and interfering with the lives of others are civil issues, and the victim should negotiate a settlement or submit a request for compensation to the people's court in accordance with the law.

However, the legislature insists that the current problem of keeping pets between cities is prominent, causing more social contradictions, and it is more advantageous for the public security organs to deal with them. In addition, the approval power of urban dog breeding has been given to the public security organs, and the public security organs are also responsible for the management of pets. Therefore, the law on public security administration penalties has been enacted this time, and the violation of public security administration by raising animals to interfere with the normal life of others has been increased.

Raising animals to interfere with the normal life of others, allowing animals to intimidate others, and driving animals to harm others are identified and punished.

2) This behavior is objectively manifested as raising animals and interfering with the normal life of others. Raising animals includes not only all kinds of pets raised by urban residents, such as dogs, cats, birds, etc., but also dogs, cats and other animals raised by rural residents. Interfering with the normal life of others is not committed by the perpetrator himself, but is manifested in the fact that the animals are raised to interfere with the normal rest of others, mainly because the animals raised lack discipline and often make noises that disturb the lives of others.

Allowing animals to intimidate others refers to the fact that the owner or keeper of the animal does not exercise certain restraint on the animal he raises, and has a laissez-faire attitude towards the situation of intimidating others, etc., causing mental fright to others.

3) In accordance with the provisions of this article, raising animals and interfering with the normal life of others shall be given a warning; Those who do not make corrections after warnings, or allow animals to intimidate others, shall be fined not less than 200 yuan but not more than 500 yuan.

In accordance with the provisions of paragraph 2 of this article, anyone who drives an animal to harm others shall be punished in accordance with the provisions of paragraph 1 of Article 43 of this Law, that is, it shall be punished as an act of intentionally harming the body of others.

The specific behaviors of interference are mainly manifested in:

1. Animals bark and defecate at will, affecting the normal life of others;

2. Walking dogs in designated non-prohibited dog walking areas, not actively controlling animals, affecting the normal life of others;

3. Other interference with the lives of others.

In the above cases, the first punishment of the public security organ should be a warning, and failure to correct it after the warning is a fine. As for mental injury, it is necessary to file a lawsuit in the people's court for compensation.

1. The law says very clearly, normal life.

2. You can file a civil lawsuit to demand that the other party bear the medical expenses.

Legal analysis: Article 70 of the Public Security Administration Punishment Law reads: Article 70 Anyone who provides conditions for gambling for the purpose of making profits, or who participates in gambling with a large amount of money, shall be detained for up to five days or fined up to 500 yuan; where the circumstances are serious, they are to be detained for between 10 and 15 days and fined between 100 and 3,000 RMB.

Legal basis: Article 7 of the Law of the People's Republic of China on Public Security Administration Punishments Article 7 Leakage 10 For the purpose of making profits, providing conditions for gambling, or participating in gambling with a large amount of money, shall be detained for up to 5 days or fined up to 500 yuan; where the circumstances are serious, they are to be detained for between 10 and 15 days, and fined between 500 and 3,000 RMB.

Article 70 of the "Public Security Administration Punishment Law of the People's Republic of China": For the purpose of profit, providing conditions for gambling, or participating in gambling with a large amount of money, shall be detained for up to 5 days or fined up to 500 yuan; where the circumstances are serious, they are to be detained for between 10 and 15 days and fined between 500 and 3,000 RMB. This provision is aimed at the situation that gambling does not constitute a criminal offense, and it violates the administration of public security, and should also be punished accordingly.

Law of the People's Republic of China on Public Security Administration Punishments

Article 2. Where public order is disrupted, public safety is endangered, personal rights and property rights are violated, social management is obstructed, and a crime is constituted in accordance with the provisions of the Criminal Law of the People's Republic of China, criminal responsibility is to be pursued in accordance with law; where it is not sufficient for criminal punishment, the public security organs are to give public security administrative sanctions in accordance with this Law. Article 3.

The provisions of this Law apply to the procedures for public security administrative punishments; Where there are no provisions in this Law, apply the relevant provisions of the "Administrative Punishment Law of the People's Republic of China".

Legal analysis: Article 70 of the Public Security Administration Punishment Law reads: Article 70 Those who provide conditions for gambling for the purpose of profit, or who pretend to be friends and participate in gambling with a large amount of money, shall be detained for up to five days or fined up to 500 yuan; where the circumstances are serious, they are to be detained for between 10 and 15 days and fined between 500 and 3,000 RMB.

Legal basis: Zaohuai Public Security Administration Punishment Law of the People's Republic of China Article 70 For the purpose of profit, providing conditions for gambling, or participating in gambling with a large amount of money, shall be detained for up to five days or fined up to 500 yuan for lack of respect; where the circumstances are serious, they are to be detained for between 10 and 15 days and fined between 500 and 3,000 RMB.