Theoretical Basis And Fundamental Principle Study Of The Animal Welfare Law

With the improvement of science and technology as well as the progress of society, the traditional production manner and thinking have been endowed with a new concept. Different from ordinary animal protection law, animal welfare law emphasizes on animal's living right and the harmonization between human being and nature. This subject just aimed at improving the correspondence and union among the benefits of economy, society and ecology.Based on the recognition of importance of animal welfare law, the paper discussed several correlated problems as following:First, through the explanation of the concept of animal welfare law, it introduced the law's origin and current progress. Then analyzed the characteristics and structure of the animal welfare law, and used this analysis as the basis for describing the intention and process of similar legislation around the world. This section paved the logical basis for the whole paper.Second, detailed the theoretical basis of animal welfare law. Author started with the compare and contrast of the belief systems of traditional eastern and western culture, then analyzed the belief basis and philosophical basis of the animal welfare law with reference to the ecological ethics and philosophies. Finally, author derived the cultural influence to the legislation process of animal welfare and used it to forecast the future of the animal welfare legislation in China.Third, utilizing the analysis of animal welfare legislation in the previous section, the paper discussed the fundamental principle of the animal welfare law for domesticated animals and wildlife. From the perspectives of satisfying animal's physiological welfare, environmental welfare, psychological welfare, and hygienic welfare, it emphasized on how to improve the welfare of domesticated animals; From the perspectives of saving of the endangered species, reasonable utilization of wildlife resources, protecting and promoting of the beneficial species, and controlling of harmful species, it discussed on how to improve the animal welfare for the wildlife.Last, through the analysis of Chinese societal and cultural environment, it discussed the practicality and necessity of the legislation of animal welfare. Meanwhile, it proposed an initial framework for the legislation of animal welfare. Through this proposal, Author expressed the hope and expectation for promising future of animal welfare legislation in China.