美国司法中动物法律地位分析-法律学专业毕业论文.docx

华 华 中 科 技 大 学 硕 士 学 位 论 文 II II Abstract With the increasing serious environmental crisis and unceasing technological advances, citizens awareness of environmental protection is enhancing gradually and more and more people begin to realize the importance of animal protection. Therefore, animal protection legislation becomes the focus of attention. However, in the legislative process, the legal status of animal has long been controversial. The person holding the opinion of integration between subject and object insist that only animals become the subjects in legal relations that they can be protected effectively. Yet the person standing for the dichotomy of subject and object, deems that animals are not able to become the the subject in the law, since they lack of abilities to declare their intentions, which does not meet the requirement of subject in law. Recently, the debate between them seems become more and more complex and sophisticated. As a result, we should conduct in-depth analysis of related legislations and lawsuits and then grant animals due legal status.America, which is advanced in animal protection legislation and juridical practice, is absolutely the best choice for our analysis and study. This paper, adopting the research methods of history, comparison and positivism, starts from the effect of traditional western philosophy on animal status. And then it briefly introduces the ideological basis and system background of animal legal status in America. On the basis of this, in order to obtain a sound understanding of animal legal status, this paper interprets animals’ interest from the perspective of common law as well as analyze deeply animal legal status through the cases concerning animal protection in American. Next, the papers analyzes the difference between China and America as well as its impact on institutional choice on the basis on comparing the pros and cons of American animal protection practices. At the end, based on the reference of Ameri