The Study Of Animal Welfare Legislation

In the traditional concept, animal has been regarded as human appendages, which can be used or even killed by human. We do not pay attention to animal’s survival and perception. While the animal is an important part of nature, it has the right to live and also have the perception of pain and pleasure as human. As the development and progress of our society, we should not only concern about the economy, but also need to go with natural. With the progress of social civilization, people began to pay attention to animal’s survival and emotion, we begin to take initiative to protect animal and against animal cruelty, then put forward the concept of "animal welfare".In this paper, the first part is the introduction. The second part is the overview of animal welfare. According to the understanding of the connotation of animal welfare domestic and foreign,this paper expounds the concept, ethics of animal welfare and legal status of animal, then traces the origin of the animal welfare law. Then it takes the America, EU countries for example, analyzes the development and characteristics of foreign animal welfare legislation. In fact,"welfare" is a term originally only in humans except. The Americans Hughes puts the word "animal welfare" in the first time, which means we should ensure the animal’s spirits and physically healthy, and give them harmony living environment. Then, some of the counties have begun to focus on animal protection issues. However, animal has suferred the pain from human for a long time because of man’s economic interests. In order to carry out the work of animal protection, some countries have bulid the animal protection legislation in order to use the binding force of law supervision to protect animal. The British humanist Richard Matin put the famous "Martin Oxley Act" in1822, which is the first law against animal cruelty in the world. The "Martin Oxley Act" creates a precedent for the human animal protection legislation. With the development of society, all countries in the world have build the animal welfare legislation. So far,more than100countries or regions have bulid the legislation on animal welfare independently and improvement them continuously. The experience of these countries or regions provides our country some lessons.The third part of this paper combines with the current situation of our animal welfare legislation and analyses the problems of our animal welfare legislation including unsound legislative system, lack of penalties and operability and the incomplete supervision system, etc.The fourth part mainly according to the animal welfare legislation in our country and the international environment, explores the necessity and feasibility of establishing the animal welfare law in our country. Animal welfare legislation in China is the need of international trade, the progress of social civilization and the citizens’ health and safety, legal construction and enhance citizen awareness of animal protection in our country and in the animal protection work has laid the foundation for our animal welfare legislation.The fifth part of this paper puts some suggestions of our own animal welfare with above content. Firstly, China needs an independent animal welfare law. Secondly, China needs to improve animal welfare law supervision system.