Take you on an immersive experience of being awakened by a red panda. "" The red panda can jump onto the bed by itself, it's so cute! "... Have you heard of this hotel's small animal called morning service? Recently, a parent posted a close-up interactive photo of their child with a red panda on the bed of a hotel in Chongqing, accompanied by the caption "The red panda calls early", sparking online discussions. According to the hotel staff providing this service, there are a total of 4 red pandas in the hotel, and there is one adult red panda patrolling the room. In the morning, the staff will lead the red pandas to start patrolling the room, which is called "morning service". The red pandas will circle around the room and sometimes climb onto the bed, and guests can interact with them. It is reported that rooms offering the "Little Panda Morning Call" service are priced at around 2000 to 3000 yuan per night. The reporter also found in the hotel review section that in addition to rooms with interactive experiences with red pandas, there are also interactive experience rooms with lemurs. Many guests have expressed that these types of rooms are expensive, but due to the "small animal early call" service, reservations are very popular. However, many netizens have expressed concerns about the security of the service, believing that there are safety hazards in close contact with red pandas. Some netizens have questioned: "Can red pandas be lent out freely?" "Is this type of hotel service legal and compliant?" The staff responded that the red pandas kept in the hotel are borrowed from the zoo and have been vaccinated. There are dedicated staff responsible for keeping and cleaning them. On June 17th, as the incident escalated, relevant staff from Chongqing Forestry Bureau stated that they had instructed the hotels involved to immediately stop conducting zero distance contact activities between tourists and wildlife, and sent commissioners to the scene to conduct investigation and verification work. At present, the small animal interactive experience room type in the hotel has been taken down. Can hotels utilize wildlife to provide "morning call" and "interactive" services? What are the legal risks associated with this type of service? In this issue, Lawyer Zhu Qimin, a partner at Beijing Hankun Law Firm, will interpret the relevant questions. Q: Is the hotel's "Little Panda Morning Call" service suspected of being illegal? Answer: The hotel's "red panda morning call service" may violate the Wildlife Protection Law. As a second-class protected wild animal in China, red pandas are protected by the Wildlife Protection Law of the People's Republic of China. Article 34 of the Law stipulates that: "For the transportation, carrying, or delivery of nationally protected wild animals and their products, or for the removal of wild animals and their products from the list of nationally protected wild animals in accordance with the provisions of Article 29, paragraph 2 of this Law, those who transport them out of the county shall hold or attach copies of the permits, approval documents, or special signs stipulated in Article 21, Article 25, Article 28, or Article 29 of this Law." Hotels must go through strict approval procedures for the borrowing, transportation, and other activities of red pandas. If legal borrowing procedures are not provided, the hotel's borrowing of red pandas is suspected of violating legal regulations. In addition, Article 4 of the Wildlife Protection Law stipulates: "The state strengthens the protection and restoration of important ecosystems, implements the principles of prioritizing protection, standardized utilization, and strict supervision of wild animals, encourages and supports scientific research and application of wild animals, upholds the concept of ecological civilization, and promotes green development." According to the above law, any use of wild animals must be carried out on the premise of ensuring their survival and reproduction are not affected. Therefore, arranging the interaction between red pandas and humans may also violate the principle of prioritizing wildlife conservation. Q: What are the boundaries of displaying wild animals to the public? Answer: According to Article 28 of the Wildlife Protection Law, wild animals can be utilized for public exhibitions and performances. However, the display of wild animals must comply with regulations, and safety management measures should be taken to ensure the health status of wild animals. At the same time, the approval process also needs to be complete. It should be approved by the wildlife protection department of the provincial, autonomous region, or municipality directly under the Central Government, and obtain and use special identification in accordance with regulations to ensure traceability. It can be seen that there are strict restrictions on public exhibitions and performances of wild animals. Firstly, its purpose should be to promote the development of wildlife conservation, rather than pursuing economic benefits. Secondly, exhibition activities should be scientific and reasonable, and safety management measures should be taken. Thirdly, public exhibitions and performances should follow strict approval procedures and must not engage in unauthorized exhibition and performance activities. The service form of 'Little Panda Morning Call' clearly exceeds the reasonable limits of public display and performance. Q: What legal responsibilities should hotels, zoos, and other entities bear if tourists are injured or infected due to contact with red pandas? Answer: In real life, it is not uncommon for tourists staying in characteristic animal themed hotels to be attacked and injured by wild animals, and the attribution of responsibility has become the focus. According to Article 1245 of the Civil Code, if the animals raised cause harm to others, the animal owner or manager shall bear tort liability; However, if it can be proven that the damage was caused by the intentional or gross negligence of the infringed party, the infringement liability may not be borne or reduced. If tourists are injured or infected due to red pandas, the hotel, as the actual manager, shall bear responsibility, and the zoo that provides red pandas, as the animal keeper and manager, shall also bear responsibility. Specifically, hotels and zoos should bear compensation liability for tourists' medical expenses and lost wages based on their actual losses and the degree of fault of the above-mentioned parties. In addition, if a tourist suffers serious mental damage due to injury or illness, the hotel should also bear the responsibility for compensating the tourist for mental damage. (New Society)