The Legal Protection Of Animals

Animals possess lives,which are the property interests most closely related to human beings,and even a kind of spiritual interest.They are essentially different from other properties.If the animals are not well-protected,it might cause the extinction of the species of animals seriously,and it would impact on the balance of the entire ecological system gravely.Therefore,we should respect the lives of animals and protect their health.This thesis is firstly to sort out the different theories of legal protection of animals.It mainly expounds the concepts of personality and juridical personality and their main characteristics,and It introduces the main points of different theories of the “juridical personality” of the animal,and there are mainly three viewpoints.Then it analyzes the irrationality of the animal as the "juridical personality",and shows that conferring the "juridical personality" on the animal not only deviates from the core standards of legal subjects,but also subverts jurisprudence.Then the concept of the “legal object” were elicited.Through the analysis of the protection status of animals,it is concluded that the animals ought to be given conferred as the “special legal object”.The emergence of legal object institution proposes that treating the animal as the special object,and improves the legal object status of animals as well as helps strengthen the protection of animals.Finally,the thesis improves protection approaches of the animal as the "special legal object" according to basic theories and actual conditions,also drawing lessons from foreign experience,and it is necessary to perfect the legal protection of animals from the two main approaches of civil law and environmental law.Through a deep analysis of the animal's juridical personality and legal object,the author puts forward the proper position of animal legal status in China's legislation,and emphasizes that the animal is the object of law and is a special thing.As the clarification of legal status of animals,authorities should issue the series of special protection measures for animals to protect them more perfectly and better.