Research On The Legal System Of Animal Rights

With the development and evolution of the theory of animal rights, it has expanded-to the study of law gradually from a philosophic and ethical concept in the first place. There is a serious discussion among the scholars of world on whether the animals have rights, what’s the main scope of animal rights and the approaches to realize animal rights, etc. Despite the fact that we both use the word "right", the very connotation of animal rights are different from human rights. Advocates of animal rights claim that animals should be involved in the scope of the legal relationship between the bodies rather than simply be given "welfare", so as to protect the interests of animals effectively. Actually, it challenged the traditional structures of law and conventional legal theories to a great extent. The writer has analyzed the similarities and differences of viewpoints between animal rights and animal welfare, demonstrated the necessity and feasibility of legalization of animal rights from the legitimacy of animal rights through searching the defects of Animal Welfare Act. In addition, the writer responds with the opponents on difficulties facing by advocates that animals cannot be a legal subject. At the last, the author proposes to build a legal system of animals’ protection and establish animal rights proxy system in consideration of problems that China has not set up animal welfare laws and the animals are faced with a very weak protection.