Research On The Legal Ethics Of Animal Protection

Compared with the western countries,there is still a lot of blank in our animal protection legal system.People's profitability makes people often ignore the feelings of animals themselves,and do harm to animal health for economic benefits or convenience.This behavior,in the view of a lot of people who have compassion for animals,is extremely immoral.The need for special legislation to protect animals is different in our country.Compared with western ethics,ethics and law circles I Ancient Chinese Literature Search to discuss the history of animal protection is much shorter,most remain in the western theory and the legal regulation of the reference phase,however,western animal ethics is a relatively new idea in its own field of ethics has not been fully recognized,these animal protection ethics is the legitimacy and necessity,whether accord with the situation of our country itself should be a problem worthy of discussion,and research in this area in China is still relatively small.Therefore,this article will mainly consider these two problems from the perspective of legal ethics: first,what is the ethical basis of our animal protection legislation;second,what is the ethical boundary of our animal protection legislation?Based on this,this paper mainly discusses the legislation issues of animal protection ethics in China from the perspective of legal ethics by means of cross comparison and literature research.The paper is divided into six parts.The first part introduces the related concepts and classifications of animal protection.In this paper,the concept of "animal" "animal protection" is analyzed in accordance with the relevant foreign legislation and the discussion of the academic circle.The author believes that our current protection of the animal should be limited to vertebrates,reference to national legislation,the relationship between animal and human and the way of life is different,we can be divided into economic animal,animal,animal and wild animal companion,for classification protection in legislation.The concept of "animal protection" includes "animal cruelty" also includes the "animal welfare","animal welfare" to satisfy their basic needs of the animal in Kangle state,so the inclusion itself is animal cruelty concept,people in different moral stance on animal welfare understanding is also different.The second part of the study based on the law and morality of the natural law school relationship based on this theory,analyzes the process of overseas legislation of animal protection,animal protection two characteristics of moral legalization process summarized abroad: one is actively transported folk animal protection groups for promoting the spread of animal protection ethics.To enhance the overall social moral level,which plays a great role in promoting the animal protection legislation;two is the animal protection law in turn raise the level of social morality,maintaining social order,strengthen the people respect and reverence for life consciousness.In conclusion,animal protection legislation is the embodiment of universal morality in a certain period of society.At present,animal protection law is based on traditional anthropocentrism.Therefore,animals are in the object position of law.The third part studies the legal status of animals and the legislative boundaries of animal protection.Although nearly a hundred years of non anthropocentrism animal protection ethics development,but compared with the animal protection ethics in human centered concept,its theory is lack of rationality of logic self consistency and value,therefore it cannot serve as a theoretical basis for animal protection legislation.The theory of animal rights is about moral rights,which is different from the traditional natural rights.Therefore,we cannot give animal rights to animals according to animal rights theory.Animals should still be in the object position of law.Then,the author used the method of demarcation Fuller School of natural law and positive law school Hart on law and morality,the characteristics of law regulating morality is people-oriented conclusion,demonstrated again that we should protect the animal maintenance of human interests,and can not directly give the animal rights,the law can not be directly the adjustment of animal welfare.How to measure the interests of the people,the author borrows the theory of balancing of interests,interests will be divided into core interests and non core interests,social interests and personal interests,the interests of basic and non basic interests and in the interests of the measure to follow the high order interests absorption low order interests,all interests absorb part of interests principle.Finally,based on our traditional animal protection ethics and the theory of legal interest measurement,the author discusses the legislative boundaries of the concept of animal welfare in China.The fourth part introduces the legislative status of animal protection in China,and points out the legislative defects of animal protection in China.Our current lack of unified animal protection legislation system,the current legislation is mainly for the protection of human interests,economic interests or ecological balance,the purpose of legislation is lack of ethical care for animals.There is no legal regulation on animal welfare in legislative content,most of which are the control and use of animals,and there are almost no restrictions on the means of use.Besides,the existing provisions on animal protection laws are too abstract and principled,and the detailed and supplemental clauses do not keep up with them,which makes the current norms lack operability.Finally,as a key factor to promote social animal protection moral construction and legislation,folk animal protection social organizations have not yet developed due to the limitation of current legal environment and lack of funds,so that they fail to play their due role in society.The fifth part points out the necessity of the legislation of animal protection in our country.One is to raise the level of civilization,try to avoid violence caused people's heart,guide people to learn how to respect and care for the animal;the two is to break the trade barriers of animal welfare,primarily to the meat products and Chinese exports in line with international standards of animal welfare,China's image promotion,promote economic development;the three is to maintain the society order,especially the animal and pet control,protect people's lives and health and safety.The sixth part,in view of the current legislative situation,provides relevant legislative proposals for animal protection.First of all,it is necessary to clear the guiding ideology of animal protection legislation,and secondly to build a unified animal protection legislation system.