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Study Of Animal Welfare Legislation

Posted on:2009-06-05Degree:MasterType:Thesis
Country:ChinaCandidate:M YangFull Text:PDF
GTID:2206360248451169Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Animal welfare law occurs in Britain at the first and has a 200-year history till now. Most of the developed countries have built their own perfect animal welfare law systems. But the protection of animal welfare is not sufficient all the time in our country and this incurs some problems which become more complex and serious during the recent years. It not just destroyed our public sanitation and disturbed us from enhancing the level of public health, and also crushed our national economy through destroying export. It reflected the whole consciousness of protecting animals very low and the system of moral education not as perfect as we thought. It's necessitous to protect our animal welfare with legal tools to speed up to be a member of the international markets and prevent the conflicts of some areas which connected to our humanism, customs, zoology ethic, environment protection and public sanitation, faith, international tradition, public moral construction and a harmonious society constructing process. This article puts forward some problems which should be resolved in the process of animal welfare legal design by means of comparing the interrelated animal welfare laws between our country and some developed ones and regions and hope to do some helpful exploration for animal welfare law of our country.This paper is divided into 4 sections which will analyze the problems and prove the viewpoints through methods of comparative analysis and empirical in the train of thought "proposing the problems-analyzing them -resolving them":The first section explains and analyzes the basic academic problems of animal welfare law and fixes the applicable objects and the legislative standards by means of introducing the origin and the history of animal welfare law. First, it makes a brief introduction about the origin and the history of animal welfare law to show the enlarging and subliming process of human moral outlook system. Second, according to the different functions of animals, define the concept of "animal" and limited the applicable objects to some specific kinds of animals which are closely connected to human lives, namely the laboratory animals or experimental animal, the economical animal, the working animal, the accompanying animal, the wild animal, the animal in sport, entertainment and exhibition. This could help to fix the sphere of application of the animal welfare law. Third, it defines the concept of "animal welfare" and makes the important connotations namely the 5 freedom-principles, which are freedom of free from hunger and thirst; freedom of having a comfortable life; freedom of free from pains, harms and ills; freedom of free from fears and sorrows and freedom of expressing the nature. After that, this article compares the animal welfare and the animal right to make a distinction between them, and then disprove the reality of animal welfare becoming a legal interest through demolishing theory about animal right.The second section briefly describes the protecting situation of animal welfare, probes the origin of it and analyzes the necessity, feasibility and the rationality of legislating animal welfare law independently. First, it probes the origin of the protecting situation of animal welfare to find out the causes of insufficient protection, which are the low level of consciousness, impelling by interests and lack of law and correlative institutions. Second, it argues over the necessity of animal welfare legislation by means of analyzing problems in the recent years of sanitation, economic losses, negative influence in international traditions and figures which occurred by insufficient protection of animal welfare. After that, basing on our realistic national conditions, it puts forward the rationalities of the transformation of national consumptive emphasis, the rational selections about business model which could be made by market bodies and drawing some advanced international legislative experiences in order to prove the feasibility of animal welfare legislation. Third, it proves the necessity of animal welfare legislation from the value-philosophy, the applicable objects and regulatory rules and then locates the law into a public one.The third section focuses on finding out the deficiency in our animal welfare legislation. It chases down some deficiencies in the legislative goal, the legislation system, the regulation system and mechanism, legal obligation, and some loopholes on animal transportation and slaughtering in order to make foreshadowing for the forth section. First, it shows some normative legal documents correlative to animals are full of utility color, not to admit to animal welfare and ignore the immanent value of animals. The legislation system lacks of all-around normative legal documents and there're just some legal documents about the wild animals protection are a little much wholesome, but those about other animals are missed. With regard to the regulation system and mechanism, our country adopts a mode called uniformly supervise integrating every department's division of labor responsibility system or supervision integrating specific implementation system, which leads to conflicts or loopholes beyond administrative rules and makes the supervising effect dissatisfactory. On the legal obligations, there're some problems such as the protected objects are limited, and an unwholesome system of sanctions and these bring about some situations like an offence not considerable with its sanction and the legal obligations are difficult to be implemented.Second, after the comparison we could find that the forthcoming legislation about animal transportation is divided into some transportation legislation, regulations and some other ones which contains animal transportation. These laws and regulations lack some principle provisions about the aptitude of the transporters, the conveyances and some accompanying facilities, the care to animals in the transportation and some other details. This makes animal transportation couldn't get a straightforward affirmation.At last, with regard to legislation about animal butchering welfare, there's no basic law about it. Some animal welfare stipulated in regulations doesn't refer to the most important nodes in the butchering process and just make a few legal obligations about the butchering.The forth section makes an animal welfare legislation basing on our realistic national conditions and puts forward a ensuring conceive about the implementation.First, it proposes 2 principles of the animal welfare legislation basing on our realistic national conditions, one is "man is the subject of legal relation and animal is the relative one", the other one is "making a difference at the basic of distinguishing different animals". After this it divides animal welfare law into general provision and special provisions in order to make separately regulations. The general provision divides animals into wild ones and unwild ones and formulates their welfares and relevant human obligations; and premise with dividing the unwild animals into 4 kinds, the special provisions formulate special animal welfares of every kind of animals, proposing principles of every node in animal transportation and butchering processes and formulate liability forms and relative corrective actions in connection with every violating activity to animal welfare. Because of the special family interests the accompanying animals own which makes their special status, the special provision give this kind of animals a detailed formulation.Second, this article proposes ensuring assumptions in connection with some possible problems during the implementing process, which mainly manifesting like reversing the inherent notion, making people and those organizations aiming to protect animals play a functional role, popularizing education on animal welfare, playing the role of inspecting from the public opinions and rationally choosing treatment to animals. This could helps the implementation of animal welfare law to fall into place.In short, we must break through the hedge of existing social elements and legal system. This is a landmark step and we should be brave enough to face to this reformation.
Keywords/Search Tags:animal welfare, 5 freedom- principles, independent legislation, the necessity, the rationality, comparison, legislative design, ensuring assumption
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