Legitimacy Research On Companion Animal Protection Legislation

Companion animals,also known as pets,mainly cats and dogs.The first part of the thesis first analyzes the domestic disputes about whether or not companion animals should be protected by legislation,namely,“Legislative Necessity” and “Legislative Opposition”,and analyzes the social harm caused by the lack of legislation on companion animal protection and the current legislation on companion animal protection in China.The feasibility of the case to demonstrate the legitimacy of the legislation.Secondly,it analyzes the disputes between China's animal legal status “subject theory” and “object theory”,and clarifies that companion animals should belong to legal objects,that is,special objects.The second part of the thesis begins with the current status of companion animals in China.It is found that due to the lack of relevant legal system constraints,companion animals are easily caught in the difficult situation of malicious abuse,random abandonment,and stealing.Through the analysis and collation of the existing legislation on companion animals in China,it is found that management is the mainstay and for the benefit of human beings.There are problems such as backward legislative concept,incomplete legislative system and limited legal liability.The third part of the thesis proposes to explore the registration system,companion assistance system and public supervision and protection system of companion animals.The final part of the paper puts forward the optimization suggestions for the legitimacy of Chinese companion animal protection legislation.One is to combine national legislation with local legislation,the national legislation to determine the overall framework,and the local legislation to explore the implementation rules.The other is to clarify the legislative purpose and the legislative principle;The third is to attach importance to the legal responsibility of the protection of companion animals.