Legislation Research Of Animal Welfare In China

With the development and progress of human society, more and more people focuce on the "animal welfare" issue,and oppose to treat the animal unkindly.They strongly propose that animal welfare law should be make in a faster pace to protect the animal.China has few relative laws to animal welfare because of low economic development level and poor animal right sense. In August 2005, "animal welfare" clause of the draft law on animal husbandry was vetoed and cancelled, abortion in this clause indicates that there is a long way for China to go on the"animal welfare"legislation.In these days,most of countries around the world have their own animal protection system,but China lags behind of them far away.To deeply study in the field of animal welfare legislation,and help establish a animal protection system,it seems very urgent and significative.In this paper, starting with the concept and ethics basis concerning animal welfare, the author has introduced the underlying causes and the development process of the legislation on animal welfare, and, on the basis of an analysis on the necessity and the feasibility of China's legislation on animal well-being, has made an in-depth discussion about how to establish an animal welfare law system that suits China.The animal welfare refers to animals' living in a well-being status, without excessive physical and psychological constraint imposed by human beings. The animal welfare includes animals' health and animals' happiness, and the animals well-being conditions reflect their welfare status. The standards of such well-being are the "five freedoms" generally practiced by the international society.The introduction of the animal welfare concept denotes the advancement of human beings'consciousness, and is raised based on the trade-off between human's utilization and protection of animals. The purpose of animal welfare is to find the equilibrium between the extreme welfare and the extreme benefit-driven production.The legislation on animal welfare results from the interactions among the economic development, the religious influence, and the development of biocentrism theories. Such legislation after the initial emergence in the United Kingdom, has gone through two phases, namely the phase of anti-abuse of animals, and the phase of respecting animals'fundamental welfare and rights. Its manifestation in the East has been the implantation of the Western animal welfare law systems, albeit with unbalanced development. The legislation on animal welfare results from the interactions among the economic development, the religious influence, and the development of ecological sociology theories. Such legislation after the initial emergence in the United Kingdom, has gone through two phases, namely the phase of anti-abuse of animals, and the phase of respecting animals'fundamental welfare and rights. Its manifestation in the East has been the implantation of the Western animal welfare law systems, albeit with unbalanced development.In mainland China, where animals are merely treated as tools and resources, the animal welfare conditions are poor. The reason can be found not only in the economics, culture, and education, but more importantly in the fact that our existing animal welfare law system is itself deficient, where flaws are obvious. The related legislation is incomplete, the protection scope narrow, and the punition by law weak. Moreover, the legal terms are not sufficiently practical for implementation.Because of the unfavorable status of animal welfare and the absence of relevant legislation in China, in order to conceive our animal welfare legislation system, the paper has analyzed the necessity of such legislation in terms of the requirement of the international trading competitiveness and the mental/physical health of human beings, etc. Meanwhile, the improvement on animal respect and protection, and the requirements by relevant WTO rules have formed the premise of the feasible legislation on animal welfare.On the basis of the necessity and feasibility, this paper has made emphatic discussion on conceiving China's animal welfare law system. The author believes that in order to legislate on animal welfare, it is necessary to first address animals'legal status, with consideration to China's own conditions. Upon the law itself, the author has conceived with legislation models. The author believes that China should start to make an individual and specific law on animal welfare, to stipulate general clauses on the protections of animals included in the protection spectrum, and to make concise special protection stipulations according to animal categorization. The existing LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON THE PROTECTION OF WILDLIFE and REGULATIONS FOR THE ADMINISTRATION OF AFFAIRSCONCERNING EX-PERIMENTAL ANIMALS etc, can be included in the system as special laws. Where needed, more special laws can be made, and special animal welfare clauses can be added into other laws, in order to keep the law system up with the society. The paper has analyzed the legislation basis of the animal welfare law, and the structure of the general provision and specific provisions. Conceiving the general provision, the author has made detailed studies on the legislation purpose, the relevant concepts, and legislation principles, the fundamental law systems, the indemnification measures, and the legal responsibilities. In terms of the specific provisions, the author proposes respective legislations, according to the animal categorization, to protect farm animals, laboratory animals, labor animals, companion animals, entertainment animals, and wild animals.