| In recent years, the news about abusing animals, maltreating video appear to the public one after another. Treading a little cat with high-heeled shoes, spilling the sulfuric acid to a bear, crushing a rabbit with a piece of glass, etc. These inhumane, brutal violence sparked strong public discontent. However, people’s anger is only in moral condemnation without any force to punishing them. It can not prohibit the occurrence of such events. Some foreign media has attributed these events to the administrative behavior of the Chinese government, The reports corrupt maliciously the moral qualities of the Chinese people, and seriously damage the international image of our country. On the eve of the18th National People’s Congress, the Guizhen Company extracting gallbladder from the live bears pushes the animal protection issues on the cusp. At the present, our country only has the " Wildlife Protection Act", the sole Ministry of the Animal Protection Act in China. The lack of a comprehensive basic law of the Protection of Animals might not protect pet animals, economic animals, working animals.It is difficult to establish a system of protecting animals.With the acceleration development of spiritual civilization construction, most people are in favor of conducting a comprehensive, integrated legislation to protecting animals. Data shows that more than85%of the population in China support to animal protection legislation, which means the majority part of people think the actions of abusing animals shall be characterized as criminals, shall be investigated for their punishment. This suggests that in the era of democracy and the rule of law, setting up a animal protection system is imminent and inevitable.The first chapter makes a comparison study at domestic and abroad about the legal definition of animal and analyzes to the practical significance of establishing the Animal Protection Act; The second chapter use the comparative way to analyze the domestic and foreign theories about confirming the status of animals in the civil legal relationship; The third chapter reviews the process of development of the concept of animal protection, and the development status of foreign animal protection law, which leads to the theory of animal welfare; The fourth chapter comprehensively analyzes the defects in Chinese current legislation system about the animal protection; The fifth chapter analyzes the feasibility and necessity of establishing the animal protection law in our country; The last chapter is the most important part in the paper, it focuses on the specific legal provisions of the animal protection and the system of folk social animal rescue center in China. |
