Research On Animal's Status In Civil Law

The legal status of animals as the object is no dispute in the traditional law, but with the development of global ecological crisis, many environmental ethicists begin to reflect on the negative consequences that the paradigms of human-centrism brought about, accompanied by large-scale animal liberation movement in Western, the voice of asking for animal rights is greater. Law in many states have responded to the voice of conservationists. Therefore, the legal status of the animal become one of the academic focuses in recent years. This article is divided into four parts:The first part introduces the background and theory building of legal subjective status of the animal. It is pointed out that the reality background is the global ecological crisis, the ideological background is animals'liberation and thoughts of right, the political background is the legislation affect of the Green Party. The main theoretical origin of legal subjective status of animals is the statements on natural right and animal moral right among environmental ethics in western. The argument is based on three aspects:First, it is required for good law to make moral status up to the law status; the second, legal subjects come from the legal fiction; third, the legal subjective status of the animal has been recognized in statute and judicial practice.The second part analyzes the causes and practical difficulties when theory of legal subjective status of animals is brought into civil law system. First, this part describes the unsuitable factors for animals as legal subject when making sure its interests, realizing its rights and performing its obligations; Further pointing out the reasons is that the fundamental spirit of animal civil law lies on the guarantee that civil subject should participate in social life equally, this spirit means the core standards of civil subject is "will ability", if animals become the subject of civil law, it will thoroughly subverting for "will ability".The third part reflects on the animals' subjective status from the theoretical level, and points out the paradox and defects of theories supporting animals'subjective status, such as the standpoint of ethical philosophy of animal moral right, law philosophy of interpersonal isomorphism and integration of law relations, then analysis the default of grounds of argument, following this, this part also doubts the convincing of animals' subjective status and states the superiority of main theory of law. Finally, this part makes conclusion that animals is better to be the object in civil law.The fourth part attempts to discuss how to protect the animals from the perspective of civil law. First, the issues that rank civil object to different level is questioned, as a result that it is meaningless to do this. Then this part tries to put forward a number of countermeasures on civil protection for animals. Finally based on the obvious limitations in civil law system, animals should get the comprehensive protection in the whole legal system, and the best way is to make a special legislation to protect animals.