Study On Jurisprudential Basis Of Animal Protection Legislation

With the development of modern civilization,the relationship between animals and humans is no longer a relationship between tools and owners.In Western countries,animal protection legislation has been quite mature and complete.Relatively speaking,there are still a lot of gaps in animal protection legislation in our country.Basic legal issues such as how to protect animals,whether they can enter the human moral community,what the animal’s legal status is,whether animals can enjoy rights,and what rights they enjoy are all controversial issues in the academic community.However,these basic legal issues are the key to animal protection legislation.Only by clarifying these basic legal issues can animal protection legislation proceed smoothly.This article starts from the related concepts of animal protection,combs the development of animal protection thoughts,and explores the legal basis behind animal protection by drawing on the advanced experience of western animal protection legislation.On the basis of the critique of animal rights theory,this article demonstrates the indispensability of reason to the subject of rights by combining the concepts of reason,morality and rights.The author believes that lack of animal rationality is the main reason that hinders animals from enjoying their rights,and therefore animals cannot have the same moral rights as human beings.However,the author did not completely deny the reference of animal rights theory to animal protection.By treating animals as a special moral subject,animals can be guaranteed that their lives will not be harmed by human beings.Animals are always in a disadvantaged position compared with human beings.Many animal injuries are not caused by animals,but caused by human beings first.Therefore,the author decide to increase human’s duty of care for animals,to force people to protect animals,not to injure and abuse them arbitrarily through legislation.This article is not completely out of anthropocentrism.Animal welfare theory or animal instrumentalism are the status and space that human beings give animals in their own discourse system.Animal protection should gradually change from anthropocentrism into non-anthropocentrism.This article attempts to find a better way to treat animals by criticizing the theory of animal rights.It is a common consensus that animals need to be protected.The status of legislation on animal protection in countries outside the country and Taiwan of China has ranged from specifically unified animal protection legislation such as the “Animal Welfare Law” or the “Animal Protection Law” to various animal species.Special laws and regulations have brought some enlightenment to China’s animal protection legislation and practice.However,animal protection legislation has not been fully realized in China.The main reason is that the social foundation of the legislation is not enough.On the one hand,people do not fully realize the necessity of animal protection legislation;on the other hand,they worry that animal protection will conflict with human rights.Therefore,it is necessary to clarify the legal basis of animal protection legislation,emphasize the necessity of animal protection legislation in our country and strengthen the publicity and education of animal protection legislation in order to promote the smooth progress of animal protection legislation.Animal protection is not only beneficial to animals,but also for our human health and the sustainable development of society.