论我国反虐待动物立法
发布时间：2018-11-09 20:31
【摘要】：当前,动物保护已经成为世界性的议题,已有100多个国家出台了有关不虐待动物、保护动物福利的法律。在国外有关保护动物的立法实践已有近200年的历史,禁止虐杀动物已成为文明社会的共识。而我国动物保护立法起步晚,情况不容乐观,我国应加快步伐,参照国外先进的立法经验,结合我国国情和法律文化、传统,完善立法。本文分析了我国动物保护现状和立法的必要性,反虐待动物立法并非仅为了保护动物权利,立法应该考虑到法的必要性及法实施的可行性,动物福利立法终极目的仍然是为了人的利益。而我国关于动物保护的观念及相关法律措施均起步较晚,对于如何保护并禁止虐杀一般性动物,在我国法律领域仍是空白。继绿色壁垒(或称环境壁垒)造成严重损失后,动物福利问题正在成为畜牧、水产品国际贸易的一道新的“道德壁垒”。我国《反虐待动物法》的制定,对动物保护进行立法,必将保证这些动物在饲养、运输、宰杀的过程中不受到任何虐待和屠杀。不仅将有助于保持生态平衡,维持人与动物之间的和谐相处；同时,也能打破西方国家针对中国所设立的动物制品壁垒,从而有助于保护中国的经济利益。本文从国际社会和世界各国对反虐待动物的认识和立法保护状况,我国动物保护现状及我国《野生动物保护法》对动物的保护等多个方面对我国反虐待动物立法进行比较和阐述。保护与善待动物将成为我国跻身现代文明的一项重要挑战与指标。本文从反虐待动物立法的紧迫性,必要性和重要性入手分析该立法的目的、作用和重要意义,提出了这一立法有助于我国构建和谐社会。必须立足我国国情进行反虐待动物立法,而我国的法律在这方面尚属空白。本文扼要介绍了反虐待动物的相关概念及主要国家立法实践,在分析我国动物保护现状的基础上重点论述了反虐待动物立法对于我国的现实意义。
[Abstract]:At present, animal protection has become a worldwide issue, and more than 100 countries have issued laws on the protection of animal welfare. There have been nearly 200 years of legislation on animal protection in foreign countries, and the prohibition of killing animals has become a common understanding in civil society. But our country animal protection legislation starts late, the situation is not optimistic, our country should quicken the step, consults the foreign advanced legislation experience, unifies our country national condition and the legal culture, the tradition, consummates the legislation. This paper analyzes the present situation of animal protection and the necessity of legislation in our country. The legislation against animal abuse is not only for the protection of animal rights, but also for the necessity of law and the feasibility of its implementation. The ultimate purpose of animal welfare legislation is still for the benefit of human beings. However, the concept of animal protection and related legal measures have started relatively late in our country, and how to protect and prohibit the killing of common animals is still blank in the legal field of our country. Following the serious losses caused by green barriers (or environmental barriers), animal welfare is becoming a new "moral barrier" in the international trade of livestock and aquatic products. The enactment of the Anti-maltreatment of Animals Law in China and the enactment of legislation on animal protection will ensure that these animals will not be subjected to any abuse or slaughter in the course of raising, transporting and slaughtering. It will not only help to maintain ecological balance and maintain harmony between human beings and animals, but also help to protect China's economic interests by breaking the barrier of animal products set up by Western countries against China. In this paper, the international community and countries in the world on the understanding of animal abuse and the status of legislation protection, The current situation of animal protection in China and the protection of animals in China's Wildlife Protection Law are compared and expounded in the legislation against animal abuse in China. Protecting and treating animals well will become an important challenge and index for our country to join the modern civilization. This paper analyzes the purpose, function and significance of the legislation on animal abuse from the point of urgency, necessity and importance, and points out that this legislation is helpful to the construction of a harmonious society in our country. We must base ourselves on the situation of our country to legislate against animal abuse, but the law of our country is still blank in this respect. This paper briefly introduces the related concepts of anti-maltreatment of animals and the legislative practice of the main countries. On the basis of analyzing the present situation of animal protection in China, the paper emphatically discusses the practical significance of anti-abusing animal legislation for our country.
【学位授予单位】：石家庄经济学院
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.6
本文编号：2321482
[Abstract]:At present, animal protection has become a worldwide issue, and more than 100 countries have issued laws on the protection of animal welfare. There have been nearly 200 years of legislation on animal protection in foreign countries, and the prohibition of killing animals has become a common understanding in civil society. But our country animal protection legislation starts late, the situation is not optimistic, our country should quicken the step, consults the foreign advanced legislation experience, unifies our country national condition and the legal culture, the tradition, consummates the legislation. This paper analyzes the present situation of animal protection and the necessity of legislation in our country. The legislation against animal abuse is not only for the protection of animal rights, but also for the necessity of law and the feasibility of its implementation. The ultimate purpose of animal welfare legislation is still for the benefit of human beings. However, the concept of animal protection and related legal measures have started relatively late in our country, and how to protect and prohibit the killing of common animals is still blank in the legal field of our country. Following the serious losses caused by green barriers (or environmental barriers), animal welfare is becoming a new "moral barrier" in the international trade of livestock and aquatic products. The enactment of the Anti-maltreatment of Animals Law in China and the enactment of legislation on animal protection will ensure that these animals will not be subjected to any abuse or slaughter in the course of raising, transporting and slaughtering. It will not only help to maintain ecological balance and maintain harmony between human beings and animals, but also help to protect China's economic interests by breaking the barrier of animal products set up by Western countries against China. In this paper, the international community and countries in the world on the understanding of animal abuse and the status of legislation protection, The current situation of animal protection in China and the protection of animals in China's Wildlife Protection Law are compared and expounded in the legislation against animal abuse in China. Protecting and treating animals well will become an important challenge and index for our country to join the modern civilization. This paper analyzes the purpose, function and significance of the legislation on animal abuse from the point of urgency, necessity and importance, and points out that this legislation is helpful to the construction of a harmonious society in our country. We must base ourselves on the situation of our country to legislate against animal abuse, but the law of our country is still blank in this respect. This paper briefly introduces the related concepts of anti-maltreatment of animals and the legislative practice of the main countries. On the basis of analyzing the present situation of animal protection in China, the paper emphatically discusses the practical significance of anti-abusing animal legislation for our country.
【学位授予单位】：石家庄经济学院
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.6
【引证文献】
相关硕士学位论文 前2条
1 孔曙光;“动物权利论”批判[D];中国海洋大学;2012年
2 谢硕;论我国动物保护立法的完善[D];河北经贸大学;2013年
，本文编号：2321482
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