Animals Legal Status Of The Study

In recent years, with environmental and animal protection movement starting,more and more many philosophy and ethics scholars started to ponder the relationshipbetween animal and humanity. On the legal status of animals, the legal science alsoalways has the warm discussion. Many jurists that supported animals can be the legalsubject or the limited legal subject, especially some Environmental jurists, attempt toseek the basis supported the theory that animals become the legal subject or thelimited legal subject from the theories of ecological ethics. Animal liberation theoryand Animal right theory and ecological holism are frequently cited theory of theecological ethics. These environment ethics theory attempts to break through thelimitation of anthropocentrism and expands the view of moral concern from thehumanity outside to the animal. They hope that the human society go from theanthropocentrism to beyond- anthropocentrism and Human is organically linkedwith other species, and the natural. From environmental protection and animalprotection starting point of view, these theories have their own rationality. But thesetheories itself and their exploration actually has limit.Above ecological ethics theories are disputed in ecological ethics scholars. Somejurists have invoked these theories to legal field to support the view that animal canbe legal subject. We should know that this kind of quotation is very difficult to beestablished. From jurisprudence, "The right", the sign concept for legal status, has thelinguistic environment difference in ethics and the jurisprudence. And to legal inethics moral request and the legal request also has the fundamental difference. Fromthe legal practice of the feasibility Granted, there are some thorny questions. Such aswho would represent the rights of animals, how animals bear the legal responsibility,how the legal status of animals reflects in the litigation.The author thought, the Animal protection legislation theoretical foundationmust meet the following three conditions: first, can scientifically elaborate thetheoretical relations between human and animals; second, can reasonably process between human and animal's benefit relations; third, can Scientific guide the humanfind a balance point between animal protection and animal utilization. Only in thisway can the animal protection legislation to find a rational basis. Although theanimals can not be legal subject, but that does not mean that we should not beperformed on animals' special protection in law. On one hand, humans apply tosimilar humanitarian concern extended to non-human animals. Embodiment of thehuman animal different from other highly rational, but also reflects the level ofhuman morality overall improvement; the other hand, the reason protection ofanimals is the ultimate concern the overall long-term interests of mankind. The authorbelieved that, take the thing object status as the foundation, multi-levelly establishesone kind "to be special object" system, enable the animal to have with other thingdifferent statuses. Simultaneously corresponding establishes the special rule in thelaw to adopt special protective measures to animals.Constrained by the traditional ideas and the legal thought, China's animalprotection law is not enough. For the importance of protecting animals, there is notenough awareness. However, a growing number of Chinese people have realized theneed to make laws to protect animals on account. The author reference to nationallegislation and legislative ideas, with the hope that suits China's exploration of theanimal protection legislation countermeasures, deal with the current lack of animalprotection laws, animals lack the proper treatment of the condition. The article willdiscuss some questions from establishing "to be special object" system to establishing"animal protection" system and clearing the limit of animal utilization.