Font Size: a A A

Research On Animal Legal Protection Model

Posted on:2020-08-03Degree:MasterType:Thesis
Country:ChinaCandidate:W P BaiFull Text:PDF
GTID:2381330572479378Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Since the industrial revolution,the uncontrolled development of natural resources has produced serious ecological and environmental problems.The advancement of production tools has made it possible for human beings to kill animals.As a result,animals have become extinct at an alarming rate in recent decades.Factory farming,scientific experiments,animal entertainment,and human animal abuse incidents have triggered the rise of animal protection movements,and have triggered another round of ethics,philosophy,and even legal scholarship on the status of animals and the relationship between animals and humans.The upsurge,animal protection is imminent and has a long way to go.It is necessary to explore the feasible ways and theoretical support for animal protection.In the process of exploring how to protect animals,the two major factions of welfare model(recognition of animal object status)and rights model(prospecting animal subject status)have been basically formed.This paper compares and analyzes the commonalities and differences between the two models.On the basis of this,the obligation model of animal legal protection is proposed.This article takes the status of each stage of animal protection as a clue,discusses the differences in the legal status of animals in different periods and different countries,and explores the most feasible and reasonable mode of animal protection through comparison.The specific writing ideas are as follows: Firstly,the author discusses the origin and problems of animal protection,introduces the transformation of religious and philosophical animal concepts and the scientific support of biological evolution theory,and takes the improvement of animal living conditions and the cruel treatment of lack of legal basis as the entry point.Secondly,the two modes of animal legal protection that are popular nowadays are discussed.It discusses the ideological origin,theory and practice of each model,as well as the significance of progress at that time and the challenges and dilemmas facing it.The focus is on comparing each those differences in the legal status of the animals under the pattern;In addition,this paper briefly discusses the nature of animal protection and discusses the four principles that animal protection should adhere to.Finally,the animal protection obligation model is proposed and briefly the obligations are discussed.Some of the challenges currentlyfacing the model and the way forward for future development.The obligation model is based on the relationship between rights and obligations in the core category of law.It is based on the behavior of the ruler and regards the fundamental interests of the human being as the starting point and destination of animal protection,thus realizing the longer-term survival rights and environmental rights through the fulfillment of obligations.
Keywords/Search Tags:animal protection, welfare model, rights model, obligations model, legal object
PDF Full Text Request
Related items