Animal Rights And Its Implementation

Being lack of conformity with traditional law theory,the theory on animal right has been always a contentious issue from its beginning. In the Western countries, study on the animal rights have been centuries, many scholars have discussed the issue, and animal rights protection law is increasingly rich and mature. However, Chinese legal scholars still remain the pace on whether animals should have rights and animal rights can be achieved or not. I believe that the animal rights issue has become the focus and the advancing edge of global change study, The research on that animals should have right or not and how to achieve the right is a critical issue to the development of the traditional legal. If the animals can not enjoy the rights, traditional law will follow its own path to development; if animals should have rights, traditional law will accept greater challenges, its legal right theory and the theory of subject and object will be another round of face. Therefore, this topic has a crucial significance for law theory and civil system of China.This article is consisted of six parts. The first part is an introduction. The second part analyses the ideology of the animal rights; The third part discusses the theoretical foundation of animal rights; The fourth part is resisting about the basic principles and content of animal rights; The fifth part, the author discusses how to achieve animal rights. The last part is the conclusion.The article firstly combs animal rights theory. At first, it describes the definition and characteristics of animal rights, then introduces the development of the animal rights, and plays a comparative analysis on the two factions.Then the thesis explores the theoretical basic of animal rights theory. The most representative contemporary animal rights theories are based on ideas of moral concern, in fact,moral originated from the nature of animal and social instincts. As the member of nature, animals should enjoy the same natural moral rights as humans. However, animals' moral rights are ignored by human, so the moral rights of animals should be set up in legal form, It is also the necessary requirement of greening trend of civilIn the fourth part, the artical establishes the basic principles and content. This section establishes four basic principles:compliance with natural laws, the principle of humane treatment, and equal consideration principle and the principle of distinction, sets out the basic content of animal rights, including the right to life and to development, competition, the right of being kind treated, also classifies animal rights.The article discusses the implementation of animal rights in the fifth part. Animal rights is bound to lead to the legal status of animals, in fact, legal subjects and objects are of historical selectivity. The legal status of animals in which does not affect the the realization of the animal rights. animal rights can be achieved through the agency system. This part at last proposes how to construct the animal rights system at the present stage of China.The last part is conclusion.