我国动物法律保护范围研究
发布时间：2019-02-09 14:58
【摘要】： 我国自1988年颁布《中华人民共和国野生动物保护法》以来,通过中央立法、地方立法的不断发展,已经形成了一个相对独立的野生动物保护法律体系。但是,随着时间的推移,在社会发展和人类生活水平不断提高的同时,生态问题日益严峻。动物保护相关立法中的狭隘性、不合理性以及滞后性也日益显著,不再能够满足有效保护生态平衡的需求。具体表现在:首先,由于受到人类中心主义的影响,我国《环境保护法》及《野生动物保护法》等相关动物保护立法中的保护范围狭窄,对于保护珍贵、濒危的野生动物及“有益的或者有重要经济、科研价值的陆生野生动物”之外的广大野生动物资源所给予的关注较少,这违背了可持续发展的理念以及环境立法中的预防原则;其次,我国动物保护立法对动物福利的漠视导致了此领域的立法空白,导致了虐待动物事件不断发生却得不到法律矫正的社会怪现象,这不仅与我国构建和谐社会的精神相背离,更使我国在面对动物福利国际贸易壁垒的挑战时处于被动角色。本文从扩展动物保护范围的角度入手,在明确了动物的概念和法律保护范围的基础上,探讨动物在不同层面所具有的价值以及保护动物的现实意义,对我国现行环境法、民法及其它相关法律部门中规定的野生动物资源国家所有权制度、动物致人损害国家补偿制度、等级保护制度、自然保护区制度的不足与完善进行分析与研究,同时重点介绍了英国动物福利立法中可资借鉴的经验及其立法理念和思路。最后,为补充并完善我国的动物保护立法,本文提出应当扩展并明确动物法律保护的范围,完善现有相关法律制度,并建立完备的动物福利制度,以达到全面、切实地保护动物的效果,从而促进人与自然、人与社会、人与人之间相和谐的文明社会的构建。
[Abstract]:Since the promulgation of the Wildlife Protection Law of the people's Republic of China in 1988, a relatively independent legal system of wildlife protection has been formed through the development of central legislation and local legislation. However, with the development of society and the improvement of human living standards, ecological problems become more and more serious. The parochialism, irrationality and lag in animal protection legislation are becoming more and more obvious and can no longer meet the demand of protecting ecological balance effectively. First of all, due to the influence of anthropocentrism, the scope of protection in the relevant animal protection legislation, such as the Environmental Protection Law and the Wildlife Protection Law, is narrow and valuable for protection. Less attention has been paid to endangered wildlife and terrestrial wildlife resources other than "beneficial or important economic and scientific research wildlife", which is contrary to the concept of sustainable development and the principle of prevention in environmental legislation; Secondly, the disregard of animal welfare in animal protection legislation in our country leads to the blank legislation in this field, which leads to the social strange phenomenon of animal abuse that occurs constantly but cannot be corrected by law. This not only deviates from the spirit of building a harmonious society in China, but also makes our country in a passive role in the face of the challenge of international trade barriers for animal welfare. From the angle of expanding the scope of animal protection, on the basis of defining the concept of animal and the scope of legal protection, this paper discusses the value of animals in different levels and the practical significance of protecting animals. The state ownership system of wildlife resources stipulated in civil law and other relevant legal departments, the state compensation system for human damage caused by animals, the system of grade protection, the deficiency and perfection of the system of nature reserves are analyzed and studied. At the same time, the author mainly introduces the experience, legislative ideas and ideas of British animal welfare legislation. Finally, in order to supplement and perfect the animal protection legislation of our country, this paper puts forward that the scope of animal legal protection should be expanded and defined, the existing relevant legal system should be improved, and a complete animal welfare system should be established in order to achieve comprehensive, The effect of animal protection is effectively protected, thus promoting the construction of a harmonious civilized society between man and nature, between man and society, and between man and man.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D922.6
本文编号：2419076
[Abstract]:Since the promulgation of the Wildlife Protection Law of the people's Republic of China in 1988, a relatively independent legal system of wildlife protection has been formed through the development of central legislation and local legislation. However, with the development of society and the improvement of human living standards, ecological problems become more and more serious. The parochialism, irrationality and lag in animal protection legislation are becoming more and more obvious and can no longer meet the demand of protecting ecological balance effectively. First of all, due to the influence of anthropocentrism, the scope of protection in the relevant animal protection legislation, such as the Environmental Protection Law and the Wildlife Protection Law, is narrow and valuable for protection. Less attention has been paid to endangered wildlife and terrestrial wildlife resources other than "beneficial or important economic and scientific research wildlife", which is contrary to the concept of sustainable development and the principle of prevention in environmental legislation; Secondly, the disregard of animal welfare in animal protection legislation in our country leads to the blank legislation in this field, which leads to the social strange phenomenon of animal abuse that occurs constantly but cannot be corrected by law. This not only deviates from the spirit of building a harmonious society in China, but also makes our country in a passive role in the face of the challenge of international trade barriers for animal welfare. From the angle of expanding the scope of animal protection, on the basis of defining the concept of animal and the scope of legal protection, this paper discusses the value of animals in different levels and the practical significance of protecting animals. The state ownership system of wildlife resources stipulated in civil law and other relevant legal departments, the state compensation system for human damage caused by animals, the system of grade protection, the deficiency and perfection of the system of nature reserves are analyzed and studied. At the same time, the author mainly introduces the experience, legislative ideas and ideas of British animal welfare legislation. Finally, in order to supplement and perfect the animal protection legislation of our country, this paper puts forward that the scope of animal legal protection should be expanded and defined, the existing relevant legal system should be improved, and a complete animal welfare system should be established in order to achieve comprehensive, The effect of animal protection is effectively protected, thus promoting the construction of a harmonious civilized society between man and nature, between man and society, and between man and man.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D922.6
【引证文献】
相关硕士学位论文 前2条
1 程琰;我国娱乐动物保护法律问题研究[D];东北林业大学;2011年
2 赵琼;对西方动物保护原教旨主义的批判及对中国动物保护的思考[D];苏州大学;2011年
，本文编号：2419076
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