Research On The Approach Of Animal Protection Legislation In My Country

Animals are living beings that can sense happiness and pain.With the development of economy and society and the awakening of ecological civilization consciousness,human beings have gradually realized the particularity and multiple values of animals,and the theory of animal protection has been extended from philosophy and ethics to law field and to law field.The follow-up of law system is particularly important for animal protection.China's animal protection legislation has long focused on the protection of rare and endangered wild animals,ignoring the status quo of other animals in China.As a result,China's animal protection related legislation is not systematic and low-level.This "extensive" legislative status has limited scope of animal protection and insufficient protection,which also restricts the promotion of disease prevention and treatment,international trade barrier breaking,ecological civilization construction and spiritual civilization construction.Therefore,a more reasonable,feasible and effective legislative approach is needed ?First of all,animal protection legislation needs to solve the problem of "how to treat animals".In recent years,the theory circles have formed "animal subject theory" with animal rights view as the leading and "animal object theory" with animal welfare view as the leading.According to China's national conditions,the former is obviously too radical.Its "non anthropocentrism" thought,the legal cognitive structure of the integration of subject and object,and the related expansion theory of legal subject are far from the traditional concept of our country,so it is difficult to implant the legislative practice of animal protection in our country.The latter is slightly conservative,although it is close to the current main legislative value orientation of animal protection in China,it only takes animals as the legislative path of common property treatment,which fully exposes its deficiency in animal protection in practice.Based on the fact that the theory of animal object should be sublimated without being elevated to the theory of animal subject,it is necessary to form the construction path of animal protection system guided by the establishment of the legal status of animal "special object".This not only conforms to the development trend of animal welfare theory and matter theory under the modern social ecological ethics,but also provides a reasonable and feasible way for the further promotion of animal protection legislation in China.As far as China's animal protection legislation is concerned,first of all,"treat animals special objects kindly" should be regarded as a legal principle throughout China's animal protection legislation system,and the legal status of animal "special objects" should be clarified in China's relevant basic laws.On this basis,special "animal protection law" shall be formulated to distinguish different kinds of animals,such as wild animals,farm animals,experimental animals,working animals,companion animals,etc.,"separate legislation" shall be formulated,and relevant supporting systems for their protection shall be formulated.In addition,priority should be given to the urgent issues of "refining wildlife protection legislation","punishing cruelty and killing of animals" and "urban pet feeding management",so as to build a legal system of animal protection with Chinese characteristics.