《SPS协定》与我国进出境动物检疫法律规范的完善

进出境动物的检疫日益成为各国为保护本国利益采取的有效措施之一,同时也是SPS协定基础上各世界贸易组织成员唯一可以使用的非关税技术措施。我国目前关于进出境动物检疫的相关法律规定滞后,没有充分利用WTO赋予各成员国在动物检疫方面的某些权利。我国应当基于SPS协定,扩大进出境动物检疫的内容和范围、完善具体检疫措施和规定以及创设对我国有利而WTO规则没有禁止的检疫制度,进而完善我国进出境动物检疫法律规范。     

The Forensic Pathology of Fatal Attacks by the Large Mammals Inhabiting the Nordic Wilderness—A Literature Review

Fatalities due to animal attacks are rare in forensic medical work but have been known to pose problems due to their potential to mimic homicide. This review summarizes reported cases of fatal attacks by large mammals that inhabit the Nordic wilderness, namely brown bear, moose, wild boar, and wolf, and attempts to elucidate injury patterns that can guide the forensic pathologist to identifying the species and modus operandi of the attacker. A tendency toward a species‐specific injury pattern was observed. Injuries by bear and especially wolf are dominated by biting whereas moose and wild boar do not seem to bite their victims. The bear uses its paws, both for hitting, resulting in crush injury and fractures, and clawing with resulting excoriations and possible penetrating injuries. Crush injuries and fractures appear, on the other hand, to be minimal or absent in attacks by wolf and wild boar.     

Gastrointestinal Functionality of Aquatic Animal (Oreochromis niloticus) Carcass in Water Allows Estimating Time of Death

Postmortem changes have been previously studied in some terrestrial animal models, but no prior information is available on aquatic species. Gastrointestinal functionality was investigated in terms of indices, protein concentration, digestive enzyme activity, and scavenging activity, in an aquatic animal model, Nile tilapia, to assess the postmortem changes. Dead fish were floated indoors, and samples were collected within 48 h after death. Stomasomatic index decreased with postmortem time and correlated positively with protein, pepsin‐specific activity, and stomach scavenging activity. Also intestosomatic index decreased significantly and correlated positively with protein, specific activity of trypsin, chymotrypsin, amylase, lipase, and intestinal scavenging activity. In their postmortem changes, the digestive enzymes exhibited earlier lipid degradation than carbohydrate or protein. The intestine changed more rapidly than the stomach. The findings suggest that the postmortem changes of gastrointestinal functionality can serve as primary data for the estimation of time of death of an aquatic animal.     

SNP Miniplexes for Individual Identification of Random‐Bred Domestic Cats

Phenotypic and genotypic characteristics of the cat can be obtained from single nucleotide polymorphisms (SNPs) analyses of fur. This study developed miniplexes using SNPs with high discriminating power for random‐bred domestic cats, focusing on individual and phenotypic identification. Seventy‐eight SNPs were investigated using a multiplex PCR followed by a fluorescently labeled single base extension (SBE) technique (SNaPshot^®). The SNP miniplexes were evaluated for reliability, reproducibility, sensitivity, species specificity, detection limitations, and assignment accuracy. Six SNPplexes were developed containing 39 intergenic SNPs and 26 phenotypic SNPs, including a sex identification marker, ZFXY. The combined random match probability (cRMP) was 6.58 × 10^?19 across all Western cat populations and the likelihood ratio was 1.52 × 10¹⁸. These SNPplexes can distinguish individual cats and their phenotypic traits, which could provide insight into crime reconstructions. A SNP database of 237 cats from 13 worldwide populations is now available for forensic applications.     

Beyond the property debate: animal welfare as a public good

Abstract

Animal protection is socially constructed through laws specifying which animals should be protected and how. Most jurisdictions codify animal abuse by specifying the legal protections granted to animals. While these vary between jurisdictions, western legal systems generally provide for better levels of animal protection by incorporating animal welfare and wildlife crime laws into criminal justice systems. UK legislation has long held that animal welfare is a public good, thus animals should be protected in the public interest. However, despite the protective provisions of animal protection laws they generally fall short of giving animals actual rights, protection exists only to the extent that animal and human interests coincide. Animals’ legal status as property dictates that much anti-animal abuse and wildlife crime legislation is about allowing animal exploitation commensurate with human interests. However, UK legislation in the form of the Animal Welfare Act 2006 subtly shifts this position in respect of domestic animals by imposing a duty of care towards companion animals. This paper argues that by requiring owners and responsible persons to give active consideration to the needs of individual companion animals, the Animal Welfare Act provides animals with a level of protection that amounts to a form of legal rights.     

Give me shelter: the state of animal sheltering in Kentucky’s county shelter system

Abstract

The Commonwealth of Kentucky Animal Control and Advisory Board estimates that in 2012, approximately 285,000 dogs and cats entered the shelter system, but only 15% were retrieved by owners or adopted to a new home. While some shelters incorporate adoption, fostering, and low-cost spay and neuter programs, many shelters euthanize the majority of the animals that enter the shelter system. In an effort to address severe deficiencies within the shelter system, Kentucky passed the Humane Shelter Law which defined minimum care and facility standards for animals held in shelters, along with required data collection. The law also placed responsibility with the individual county governments for oversight and implementation of these requirements. This paper presents the background and history of the state policy regarding animal shelters followed by results from a study of the county animal shelters in Kentucky. Results from the study suggest that numerous problems with data collection and maintenance exist throughout Kentucky and that levels of care vary widely for animals in the system. We discuss these issues before making recommendations for improvement to this system and its oversight. Our research suggests that with proper funding and oversight, Kentucky’s statute could become a model for humane animal sheltering.     

Cosmetic and convenience surgeries on companion animals: the case for laws with bite to protect a dog’s bark

Abstract

Of the various potential improvements and expansions of the current legal protections for companion animals, this paper will focus on the rationale for, and the possibility of, a ban on companion dog and cat cosmetic and convenience surgeries. After discussing the practical significance of society’s soft spot for companion dogs and cats, this paper will discuss the ‘physically painful’ and ‘unjustifiable’ nature of the cosmetic and convenience surgeries themselves, as well as the statutes, legislative and voter initiatives, and case law relevant to those surgeries. Ultimately, this paper will conclude that although across the board bans on companion dog and cat cosmetic and convenience surgeries would likely fail in all but a tiny minority of ‘animal-friendly’ municipalities, bans that solely target debarking could be more broadly enacted because debarking has been practiced for a shorter period of time than the other surgeries, is performed less frequently, and may be more readily understood by the average American as ‘unnatural,’ and therefore, cruel.     

从比较法的视角论动物福利法的立法模式

法律调整的是人与人之间关系。人与动物之间的关系,不是主体与主体之间的关系,而是主体与客体之间的关系。动物福利法的立法目的应是维护人类尊重生命、爱护生命的善良道德情操。在动物福利法的制定成为我国的必然的历史条件下,只有明确界定动物的法律地位,才能制定出一部符合时代特色和民族精神的动物福利法。     

A Preliminary Assessment of the Identification of Saw Marks on Burned Bone*

Abstract: This study assesses the degree of modification to the saw mark characteristics of dismembered skeletal remains when exposed to a controlled outdoor fire of limited duration. The sample consists of 36 adult pig hind limbs which were dismembered fleshed. Six handsaws and six power saws were used, with three limbs dismembered and burned for each of the saw types. Results indicate that fire exposure affects the visibility and identifiability of saw mark striae. With the handsaws, the bow saw, hacksaw, and keyhole saw were consistently recognizable. In the power saw group, the saw marks of the jigsaw, reciprocating saw, and chainsaw remained identifiable. Although the bone ends exhibited thermal alterations, the false starts were well preserved with minimal damage. Given the parameters of this study, it is possible to identify the class of saw based on the diagnostic characteristics present on the cremated bones.     

The effect of feeding enrichment upon reported working ability and behavior of kenneled working dogs

It is widely recommended that kenneled dogs are provided with environmental enrichment such as toys or feeding devices. However, the adoption of enrichment for military working dogs is impeded by a widespread belief that it reduces their motivation to work. Handlers of 22 working German Shepherd dogs were asked to rate their dogs on 11 attributes pertaining to working ability, related behavioral traits, and health. Eight of the dogs were then provided with daily feeding enrichment for 4 months, while the remainder were given equivalent human attention. The same 11 traits were scored again following the enrichment period: 10 changed little over the period while handlers' reports of their dogs' Ability to learn from being rewarded increased significantly. Changes for all attributes were virtually identical in enriched and control dogs. We conclude that if correctly managed, feeding enrichment can be introduced to kenneled working dogs without any reported detrimental effects upon working ability, health, or behavior.