| In recent years,the number of dogs raised in cities has increased gradually,which has caused some social problems,such as barking,biting,environmental pollution caused by defecation,spread risk of rabies and so on.The relationship between dog owners and victims,dog owners and the public,and between the public and government departments to a certain extent has been tense and contradictory,which has intensified social conflicts.The contradiction of dog keeping has been upgraded to litigation,involving private conflict,administrative management and judicial supervision,which involves multiple and multi-level value coordination.For dog management,many cities have issued relevant regulations on the management of dog keeping,which clarify the division of responsibilities of various departments in the process of dog keeping management and the obligations of dog owners.In the implementation of dog management,the relevant departments have repeatedly triggered complaints from the masses and even filed administrative proceedings against the administrative organs.Through the empirical analysis of 55 cases of administrative litigation,we can see that under the circumstances of ensuring public safety,maintaining public order and protecting the rights and interests of others,we should keep the space that the dog owners are restricted by law but relatively free.It is necessary to balance the interests of the dog owners and the public,rather than blindly incline to the non-dog owners and the public,which leads to excessive protection,which leads to the arbitrary infringement of the rights and interests of the dog owners and animal welfare.The cases of administrative litigation of dog breeding obtained in this paper show that although the disposal of illegal dog keeping behavior is limited by such adverse factors as the parties’ non-cooperation,the dog’s activity place is not fixed and it is difficult to capture on site,if the relevant administrative departments can improve the working mode,there is still room to improve the working efficiency of dog management and reduce the occurrence of such administrative disputes.How to further balance the interests of multiple parties,while requiring the dog owners to bear the legalresponsibility,we should also protect their legitimate dog rights,which is a test of the governing ability of the government departments.In the final analysis,it is to maximize the interests of dog owners and public interests in the game,in both sides should be reasonable and legal.The regulation of urban dog breeding is based on the benefit sharing of all parties.Therefore,in the management of urban dog breeding,the benefit balance mechanism is particularly important.Through the benefit balance mechanism of law,the dynamic balance of rights and obligations among all stakeholders can be realized,the reasonable interest requirements of all parties can be confirmed in the system,and the unreasonable interest requirements can be limited,so as to solve the interests of dog owners in essence.The conflicts among the public,dog breeders and administrative organs,the public and administrative organs make the interests of all parties find a balance point in the design of legal system,so as to play the role of interest regulation of law. |
