The Research On Animal Protection By Civil Laws

The ancient civil law has been equating animals to ordinary things, which has been permitting the authorized people to punish it at random. But with the social development and change, modern people have realized that animal the same as with human life, has intrinsic distinction with other ordinary things. People so frequently cited the popular saying of Lai Gundy:" the greatness and the moral progressive extent of one country may be judged by the ways of the treatment on animals", in thatIt has revealed the fact all the life beings have their sacrilegious dignity, with no exception of animal. However, the reflection on actual legislation, some developed countries have input the preceding ideas into their civil law in succession. But the second item in the second strip of total principle of our national <> stipulate :<>.So animal was not treated differently with other ordinary things, it is still the object of ordinary real rights and use the protective ways of ordinary real rights. Standing on the establishment of modern Chinese civil law, we must observe and investigate the latest achievement of civil legislation in all over the nowadays' world, insist on the principle of "respecting life", conform to the trend of global animal protection by the private law, strengthen and perfect the animal protection of civil law.Based on the above ponder, from the law, ethics, environmental studies and many other points of view , this thesis is divided into three parts to launch the corresponding elaboration by adopting the comparative study , the historical study, the explanatory study, the empirical study and so on.The first part, on the basis of the analysis and comparison to a variety of the theories of the animal legal status, animal legal status will be defined as: take the thing's object status as the foundation, regard the animal as one kind of special object", enable the animal to have the different legal status from other things, correspondingly establish the special rule in the law to embody the animal special attribute in law and the special protective measures which should be adopted by law.The second part, the conclusion can be drawn that it is essential and inevitable trend to strengthen the civil law protection of the animal for the modern legislation by examining a relatively typical civil legislation of national animal protection; and on the basis of the analysis of the situation on our national animal protection by civil law—"the wild animal protection law", it is pointed out that the civil law to protect the animal needs to be strengthened, and the necessity of the civil law protection of our national animals has been demonstrated.The third part, on the basis of what was elaborated ahead of the thesis; two pieces of legislative proposals are clearly put forward to make animal protection of our country more perfect. They are as follows: First, animal legal status is the special thing, the conception and classification of animal should be defined clearly, clearing the subject of rights to perform their rules on animal, establishing the animal guardian system, dealing with the problem of leaving the legacy with the animal", establishing the compensation system of spiritual harm on animal damage. Second, the protection of wild animals should be perfected: The definition of wild animal should be clearly defined; establishing multiplex the ownership of wild animal, instituting the usufruct right of wild animal tames and increase.