China's Anti-abuse Animal Legislation Research

Nowadays, more and more families have their own animals with the development of economy. The same time, more and more animals were killed for people's cruel. Many people began to pay attention to researching the problems of Animals' rights,animals protection and prevention of cruelty to animals.To be kindness to animals is an indication of the progress of human civilization. Cruelty to animals is an ugly social phenomenon unacceptable in any country and any community. The first part of this article will from the situation of cruelty to animals legislation, the introduction of the concept of animal cruelty laws, the main object of protection(wild animals and wild animals), analyses the significance of legislation against cruelty to animals. Currently, for the protection of wildlife, the relevant laws and regulations of China's Wildlife Protection Act and so only their protection, anti- animal cruelty laws and not specifically for animal abuse circumstances. This article will concentrate on the situation in wildlife and non- wildlife abused corresponding legal regulation. The second part is the basic theory of legislation against cruelty to animals. The third part is about several countries in Europe and Asia against cruelty to animals, the legislation situation of the introduction, to draw lessons from foreign related legislation. The fourth part analyzes the shortcomings of cruelty to animals in China. The fifth part for the perfection of the legislation against cruelty to animals in China put forward the framework of the countermeasures. The innovation of this article is mainly in animal protection legislation idea advocated the principle of classification difference protection, limited protection principle and advocates for animals, animal protection, and to adapt to the principle of our country's national condition, Our country is a developing country, is currently in the primary stage of socialism, and won't be able to step into the ranks of the developed countries, the same shall be applicable to the legislation.First the author agree to animals in the animal protection of the minimum rights protection, is to formulate a legislation against cruelty to animals. Only it step by step for animal protection legislation process is to adapt to the national conditions of our country. Claims that animal protection is the protection of wildlife specifically to adhere to the principle of minimum protection, mainly refers to a wild animal farm animals, laboratory animals, companion animals, work and entertainment. To protect the wild animals to adhere to classify, differentiated protection. Because each kind of animal's survival present situation, the perception, the relationship between the human and the etc is different, according to different animals on the different degree of protection measures, only the protection of the different ways to meet the demand of different animal's survival.Right to survival and development is the most basic human rights, the same way, the most basic survival animal rights should be protected. Although animals is not identical with humans, but animals basic don't abuse of rights should be protected. It is also recognized by the animal protection industry. Current legislation against cruelty to animals in the world including several standards, the author in favor of against cruelty to animals in legislation in our country adopt minimum standards, namely: the standard needless suffering. Give animals unnecessary pain and even abuse.Along with the development of the human progress and civilization level of ascension, to the extent of the animal protection will be gradually developed, our country as a developing country, currently, there have been more and more people begin to pay close attention to animal protection, all kinds of civil protection organizations and has animal protection consciousness of the individual action already. More and more people in the legal science has focused on the problem, put forward as early as in 2009, professor Chang Jiwen expert proposal draft legislation against cruelty to animals Against cruelty to animals, legislation has also in Beijing, Hubei, Chongqing have a preliminary attempt, these attempts to our country develop formal legislative theory basis is provided for legislation against cruelty to animals. In our country to enact a against cruelty to animals in terms of legislation is necessary, also conform to the requirements of the history and law of development, this is in accordance with law and people's need.