On The Personification Of Pets

With the continuous development of society,the status of pets in people's minds has also improved,and even become a member of the family.In civil law,pets have different legal attributes from ordinary things,and their particularity is manifested in the personal interests carried by pets.More and more people are paying attention to the personal interests carried by pets.When a beloved pet is injured or dead,the pet owner often feels mental pain and sues the court for spiritual damages.In judicial practice,there are more and more disputes about the pet's “access rights” and the pet's death penalty.We need to re-examine the legal status of pets.In the relief of pets,the judgments of the courts in such cases are sometimes quite different,because the laws of our country do not provide for compensation for moral damages caused by pet infringement.Due to the lack of legislation,this has become a difficult problem in our judicial practice.The personhood property theory proposed by Professor Leng Chuanli meets the current judicial needs,and pets can become personality under certain conditions.The classification of pets into the category of personalities highlights the special legal attributes of pets that are different from ordinary objects;on the other hand,rights holders have the basis for requesting the protection of personality rights.Under the theory of personality,it can effectively solve the problems in judicial practice,which is also the necessity of pet personalization.The purpose of pet personalization is to establish the legal status of the pet's personality,and to protect the pet's property interests and personal interests.The core lies in the relief of personal interests.This paper focuses on the analysis and research of pet's personality and materialization.Based on the existing theories and literatures,and taking the protection of the personality of the owner as the position,this paper puts forward the problem of the pet's personality.This article includes three parts: introduction,main body and conclusion.The main background of the research,the purpose and significance of the research,and the main research methods.The main body is divided into four parts.The first part is about the pet's personality materialization problem.By enumerating three classic cases and analyzing the controversial issues,the pet's personality is raised,mainly the pet's legal status.Determine whether the amount of compensation for mental damage and the amount of damages can be determined when the pet is damaged.The second part is the analysis of the legitimacy of pet personalization,including the necessity,rationality and feasibility analysis of pet personality.The necessity analysis is based on the theory of personality,judicial practice and the necessity of civil law humanistic care.The rationality analysis is based on the fusion of personality and matter,the combination of pet and personality theory,and the dual value of pet personality.The feasibility analysis is widely recognized by the public,the recognition of Chinese law,and the rebuttal of the opposition.The third part of the foreign law investigation of the personalization of pets mainly includes the foreign law investigation of pet legal status,the foreign law investigation of pet mental damage compensation,and the comparative analysis of the two,pointing out the reference of China.The fourth part is the institutional construction of the pet's personality and materialization,which mainly includes establishing the legal status of the pet's personality,establishing the identification standard of the pet personality,and establishing the infringement damage compensation rules for the pet personality.The last part is a summary of the full text.