YAN Xiaojing   Law School

Abstract: With the development of Chinese economy and society and curtural civilization,Thenumber of people who feed companion animals increases rapidly. However, the livingconditions of companion animals make people uneasy. Especially there so manyill-treatments to companion animals that more and more people are concerned about legaissues of companion animals welfare.The purpose of the article is exploring the path ofcompanion animal welfare legislation by analyzing the theoretical and practical problemsof survival stage companion animals and companion animal welfare field and learningforeign mature companion animal welfare legislation. Ultimately it achieves harmonybetween man and companion animals, overalls goal of building a harmonious society.This paper from the perspective of legal research combines with the UK, EU, U.S.companion animals welfare legal system and analyzes the status quo of Chinese socialdevelopment of companion animals welfare legislation to establish, then points out thenecessity and feasibility, and thus proposes the idea of companion animals welfarelegislation.

    The first part,the basic theory of companion animals welfare be analyzed.At first,.the paper definites the concept of companion animals welfare scientifically,and combineswith the concept of animal welfare to analyze the difference between animal rights andanimal protection.The second, determining the legal status of companion animals whichcompanion animals in the position of the object in the legal relationship.Throughelaborating the tanthropocentrism and the non-anthropocentrism, unified the companionanimals welfare legislation with anthropocentrism.The second part, starting from foreign legislation, Analyzing the UK, EU, U.Scompanion animals welfare legislation advanced and perfect the legal system and itscompanion animals welfare legislation adopted by the legislative purpose, severe legalpunishment, workable and attention to the role of non-governmental organizations andother aspects in oeder to construet the Chinese companion animals welfare legislation.The third part, firom two levels to prove the necessity and feasibility of companionanimals welfare legislation. The necessity of companion animals welfare legislation issummarized in four aspects:to promote harmony between companion animals andhumans, to promote the healthy development of companion animal trade; strengthen the process of China's animal welfare legislation; consistent with international legislativetrends.Final results of companion animal welfare legislation should be concluded. Lineof the rising level of economic development around, improve existing policies and locallaws and regulations to guide public discussion related to expanded awareness.It summedup our companion animals welfare legislation is imperatived and provided the basis forfuture legislation.

    The forth part, put forward the idea of our companion animals welfare legislation.First, to meet the conditions established in the legislation and scientific principles.Secondthe core of the system is to improve the basic welfare of companion animals. Third, thekey is to establish an effective system of supervision and management of companionanimals welfare.Forth, implement to ensure the welfare of companion animals. At last,strengthen legal liability and enjoy legal authority to use force to protect and enforce thewelfare ofcompanion animals.

Read the article here:       伴侣动物福利立法研究.pdf