The Protection Of Personhood Interest Related To Pets Which Exist As Res Certae

Human being is ends, and property is means. This is the main idea we have grasped since the dawn of the law, especially since we stepped in an era of modern civil law. In terms of a certain extent, the emergence of the property in essence is also the needs and reflection of the development of personality. But with the rich of human spiritual life and the diversity of values, there is a kind of property existing in today’ life, which not only contains economic value but also be related to personhood interest, if damaged, people would put emphasis on the damage of personhood interest instead of economic interest. Pet is the representative of this property.The course of modern codification is deeply influenced by rationalistic philosophy; and the human is the only and supreme subject. Other life can only be as object of legal relation. Although increasingly, people pay attention to environment or life in addition to human, and anthropocentrism is also constantly challenged and criticized, this doesn’t mean animals can enjoy rights and be the subject in the law. Once this idea is admitted, it will be a subversion of system in such aspects as philosophy, ethics and law. Despite the risk and great controversy on whether animals enjoy the status of legal subjects, when we quote the legislation and judicial precedent of various countries, they all intensify efforts on the protection of animals to varying degree and the legislation of animal welfare. Pet, being as animal, whose welfare legislations and juridical practice would improved, also as a special content involving the personality interest protection in civil law should also be taken seriously.This paper insisted on the basis that pets are object, a kind of special property. On the purpose of recognizing the problem coming and doing something about it, chapter one is discussing from the perspective of the relationship of property and personhood, pointing out the actual existence of this kind of property. Finding out various types of this property from the life, we can analyze their common characteristics and reach the conclusion that pets belong to this property.Chapter two refers to the present protection situation of pet in the field of modern civil law of China. Drawing from the legislation and judicial practice, we can conclude that although it’s a huge step forward that there are judicial interpretations about the protection of this kind of property, once the pets hurt, they can’t get a strong protection in China because of the lack of special legislation of protecting pets and different judgment standard.Chapter three analyzes foreign legislation and execution of protecting pets under the vision of comparative law. Belonging to the continental law system, this part is talking about Germany, Japan, France and Austria who have a sound legislation in animal protection and welfare except for the special protection of pets. For the concrete practice of the judicial practice, this paper mainly sets tort and divorce division of property for examples, enshrining different nations’ performance in the pet protection.Chapter four is about efforts what we can do to protect personhood interest related to pets. The standpoint of this article is very clear which is to protect personhood interest. Be cruel to animals is damage to the interests of the people, especially the personhood interest. The problems such as the recognized standards and standardized application in mental damage compensation that we should be pay attention to in the judicial practice are pointed out. At the same time this part takes unauthorized disposition and property inheritance for example,as to emphasize special protection for damage of personhood interest represented in pets. So far, the basis of protection for the personhood interest in property is judicial interpretation, and the legislation of mental damage compensation system in China is not very mature; recommend be included in the design of the right of general human dignity when research matures.