加拿大留學生essay范文:Legislation to protect animal welfare

當前加拿大傷害動物事件層出不窮，十分嚴峻。加拿大在動物保護領域內(nèi)的立法十分模糊，與其他國家相比在此領域內(nèi)存在巨大差距。動物保護日益成為加拿大社會關注的熱點問題，人類的發(fā)展不應只是經(jīng)濟的發(fā)展，當我們在不斷提倡天賦人權的時候，我們不應該忘記這些與我們生活在一起的小動物伙伴，應該為他們的生存提供應有的明確的條款保護。因此，探討動物福利立法問題就具有了重要的意義。

Canada currently growing incidence of harm animals , shocking . Canadian animal protection legislation in the field is blank , compared with foreign countries in the field of memory in a huge gap . With the continuous development of human civilization , animal protection is becoming a hot issue of concern in our society , human development should not only economic development, when we have been promoting the social construction of the rule of law , we should not forget that we live together in those with creatures on this earth , should provide proper legal protection for their survival. Therefore, to explore the question of animal welfare legislation has an important significance.

 

introduction引言

隨著文化的不斷發(fā)展，動物保護日益成為我們社會關注的熱點問題。近年來加拿大出現(xiàn)了很多關于動物的熱點事件，比如虐貓虐狗事件，活熊取膽事件，老虎死亡事件等等，這些事件無疑挑戰(zhàn)了加拿大人們的道德底線，當這些事件被新聞媒體爆出，當這些事件被廣大人民所關注，我們盡管對這些事件諸多譴責，但是加拿大的相關法律缺少了對這些行為的懲罰措施，雖然只有明確的條款，相比于英國來說有很大的差距。

Canada is currently strongly advocated building a socialist harmonious society , not only refers to the so-called harmonious society and harmonious harmony between people, between people and nature, we should be paying attention . With the continuous development of human civilization , animal protection is becoming a hot issue of concern in our society . In recent years there has been a lot about Canadian animals hot events , such as child abuse cat dog events, live bear bile events, tiger deaths , etc. These events will undoubtedly challenge the public's moral bottom line , when these events are broke the news media , when these events are of concern to the majority of the people , even though we condemn many of these events , but the laws of our country 's lack of punishment for those acts , in addition to public condemnation of these acts we do nothing , many volunteers for these animals running around , but in addition to their well-intentioned advice has no legal weapons to protect these animals , which can not be said to be missing our national law.
 

We often say that people should live in harmony with nature , but at the same time when we humans evolving gradually neglected animals with interests in nature , territory they live constantly being invaded human living environment deteriorating , some nearly extinct animals , they not only did not treat human beings , but also for their own selfish desires hurt them. When we say protected , we can not just pay lip service only to those words , but it should put into action , the development of relevant laws and moral condemnation , while relevant personnel responsible for human development should not only economic development, when we have been promoting the social construction of the rule of law , we should not forget those and we live together on this earth creatures , therefore , to explore the question of animal welfare legislation has an important significance.#p#分頁標題#e#
 

From the perspective of the current status of legislation in Canada , animal welfare legislation is still a blank area. Canada implemented this stage only the " Wild Animal Protection Law ," " Animal Quarantine Law " and several one-way law , the lack of a complete animal welfare laws. " Wildlife Protection Act " aimed at smuggling, theft and other illegal killing , and it is limited to the scope of protection of animals , such as dogs and cats for the common animals there is no requirement that such legislative status and extent of protected animals far abroad .

There are more than one hundred national legislation to protect animal welfare in the world , the concept of animal welfare originated in the United Kingdom. Now in accordance with internationally accepted argument, animal welfare is generally understood as a few larger freedom , that allow the animal to enjoy the freedom from hunger , freedom and comfortable life , freedom from pain , fear and freedom of living without a sense of sadness and nature of freedom of expression . Improve animal welfare legislation in the country , cruelty to animals is to bear criminal responsibility. European countries have also carried out on animal protection legislation , the United States and Japan also adopted such legislation. It can be said in the developed countries such legislation is perfect.

In this paper we present situation of animals through the protection and study of existing laws , reflects the need for the Canadian stage animal protection legislation , thereby to improve the public awareness of this issue.

 

The concept of animal welfare decades ago people would have been made ??, the British " animal welfare association" raised livestock should have five rights: should not be affected by hunger and thirst ; should live under uncomfortable environment ; does not suffer pain, injury and disease ; not frightened and nervous shock ; should not be deprived of the natural habits . " Americans Hughes made ??in the strict sense " of the term animal welfare "refers to the rearing farm animals and their environment coordinated perfectly healthy mental and physical state . Term generally refers to maintain the current animal physiology , mental health and normal growth of all things needed . " according to internationally recognized standards , the animals were divided into farm animals, laboratory animals , companion animals , working animals , entertainment, animals and wildlife six .
 

( 1 ) Farm animals are humans to obtain meat, milk, eggs and other animal products while in captivity .

( 2 ) the experimental animals in captivity , the implementation of control over their carrying microorganisms , the genetic background of clear or clear source for research, teaching, production , testing and scientific experiments animals.

( 3 ) companion animals is the purpose of personal entertainment or accompany humans in particular have been intended to be owned or animal in the family in certain places.#p#分頁標題#e#

( 4 ) refers to the work of animal livestock serving humanity.

 ( 5 ) Entertainment animals are to perform, for people to visit the exhibition , brings joy to the human animal .

( 6 ) refers to the survival of wildlife in its natural state , the non-labor domesticated variety of mammals, birds , reptiles , amphibians , fish, mollusks, insects and other animals.
 

Animals in the legal system has been in the object position in recent years, due to the animal protection society is gradually being taken seriously , there is a view that can be put in a limited range of animals rise as the main legal relations within . 1990 "German Civil Code " has a new interpretation on the matter , "material" referring to things and animals , so the animals were excluded from the concept of matter in the general sense . Subject of legal relations is the so-called stakeholders in the legal relationship between those who enjoy certain rights and certain obligations. In this respect, the condition does not have to become the main body of the animal , the animal can not afford to stand as a subject of rights , exercise and realize their rights. The object is the object legal relationship of rights and obligations of the legal relationship between the main points from the point of view of animal protection as a mere object will cause the animal to animal rights overlooked. "Most scholars believe that Germany , as a private , " the German Civil Code , "the real intention is to explain , in the range of private animal is a living thing , not just that we usually have no life" thing " ; as a living thing it should be treated in accordance with the law , ie , from the treatment of animals on private law , public law and the law must take into account the requirements of other nature for animal welfare , animal health protection made ??these requirements must ensure that the animals are treated as a living the partners have certain things and thinking and execution capabilities to treat , measures should be treated not conducive to the protection of animal species and feelings . "② such means we get the animals usually through the purchase , which is in the process of buying and selling as a matter , there is a certain value, or in some cases the animals on loan ( such as Canada for panda lease ) , etc., as he was in the process of trading on the leasing of private law matter , but the fact is there is life Therefore, the protection of the law should be . So I think the legal status of animals as objects should have special status .

 

Main Body正文

 

Status of animal protection動物保護的現(xiàn)狀

 

The current status of animal protection in Canada is bleak, a variety of animal abuse incident after another injury .

Meat is one of the main foods consumed in Canada , every day a huge number of animals slaughtered in Canada , but we have to note that these are only some of the animals slaughtered are handled through formal slaughterhouse . Humane slaughter methods and the use of animals from suffering. However, many businesses in order to reap huge profits method is simple and crude, water for the benefit of selling meat, meat and more natural for water , water for animals taken in vivo methods , operation of the workers through the pig 's jaw with a hook that forced pig lift , then water the pigs , in this time, the pig would have been in extreme pain and fear.#p#分頁標題#e#
 

Bear bile is high medicinal value , so some people in order to open a hole in profits bear 's abdomen, insert a plastic tube to extract bile , chest and abdomen in order to prevent wound healing , this root is long plastic tube placed in the bear's body , is Bear bile extraction will greatly shorten the life , but also in a number of reporters unannounced visits and rescue activities and animal protection officers can obviously feel the fear and pain of the bear . In recent days a video circulating on the Internet , the mother bear in order to avoid their children being taken bile , even break the cage to kill their children alive .
 

Fur clothing is a valuable raw material , a lot of people to wear fur to show off their wealth, mostly produced in Canada 's fur , Hebei Province , the animal's fur breeders to more luster to the operation more easy living stripping fur from animals , the animal's head with a wooden cabinet busting them or they mercilessly Shuaixiang ground so that they lose consciousness, then skinned, animal screams in the whole process again and again , and the scene of bloody endless. After many animals being skinned alive in fact , they are bright red fur covered body without being cruel man aside , struggle and die in pain.
 

In order to satisfy human appetites , human wanton killing of animals for so-called " early adopters" to capture a large number of wild animals , and now by the Japanese eat whale meat event of widespread concern , worldwide consumption of shark fin , and now has become the food of dogs and cats and extremely cruel production methods , we can say now except people are likely to appear in any animal on the table .
 

Now widespread concern that the event had been abused companion animals , cats and dogs will appear online and rabbits alive trampled video , according to the survey which is abnormal psychology in order to meet some people and generated a new interest chain , as well as dogs and cats in the same cell because of dissatisfaction with the calls or the accumulation of feces and taste , some people will be put to a simmer chicken poison plot to poison dogs and cats , there are people just because their whim or relieving pressure on cruelty to animals , According to a lot of people said that the adoption of stray animals , animals in the majority of adoptions there are signs of abuse , and some have severe disabilities , there is a story online recently , it was found that a puppy is just over two months in the street after the cut limbs abandoned , surrounded by the crowd could not bear to watch , and some tears , after being taken to hospital animal protectors still could not save their lives . These events are not uncommon in Canada .

 

" The existing animal protection legislation in Canada began in the late 1980s , the current provisions relating to animal protection are: " Wild Animal Protection Law, "" Terrestrial Wildlife Protection implementing regulations " , " Aquatic Wildlife Conservation Implementation Regulations "and other in addition , there are some departmental rules , such as " laboratory animals regulations" , " zoo management regulations " and . "③ they did also play a protective role , but these laws is not sufficient to protect all the animals around us . First, Canada introduced legislation for protection of these animals, too narrow, limited only to the treasure endangered animals, this is just a small part of Canada extant animals to other animals, now has no laws protecting . Canada now causing frequent incidents of this animal , but no specific organs and departments can control , nor any embarrassment managed basis . Canadian law currently in the field of animal protection in terms of the majority principle is not feasible , it is not conducive to law enforcement authorities , the current due to the Canadian animal protection event has caused widespread concern, jurists have jointly completed the " People's Republic of China animal Protection Law " ( experts recommend draft ) and will soon be submitted to the relevant departments in Canada just ended two sessions , the delegates unprecedented attention from animal protection legislation , many delegates legislative proposal calls for the animals .#p#分頁標題#e#

 

Media媒體（對動物保護的宣傳）

 

  "The UK is the first national animal protection legislation , is currently the world 's most perfect state animal legislation , as early as 1596 , the United Kingdom Chester County on the development of a ban on dog fighting bears vertical 1822 June 22 , the " humanitarian " reason; Martin 's " prohibits cruelty to animals bill " passed in the Parliament which is the world 's first opponent in any animal cruelty laws following the " Martin Act," Britain has . has developed a " prohibition of Cruelty to Animals Act ," "Animal protection Law" , " pet Act " " cockfighting Act " ( ( animal protection Act ( anesthesia ) . " these introduction and implementation of the law , which greatly protect and improve animal welfare in the UK . "④
 

" Canadian Criminal Code defines the crime of injury or harm to animal life and crimes of cruelty to animals , with the most severe punishment to ensure the implementation of animal welfare system as Article 444 provides for willful killing, maiming or poisoning of livestock or the drug release in susceptible livestock eating place , constitutes an indictable offense , at 5 years of imprisonment. section 445 provides for no legitimate reason to willful killing, maiming , injury or poisoning dogs, birds or other animals in addition to being legally fed animals ; or put drugs in susceptible dogs, birds or other animals eating feed is legitimate place other than livestock , constitutes a crime punishable by summary conviction in section 446 which also provides seven simple constitutes cruelty to animals convicted and punished in the case . "⑤
 

" According to the Swedish " Animal Welfare Act "and" special provisions pet animals , " dog should get regular exercise and a daily opportunity provided by the owner of walking , animals should get plenty of food, water and adequate care . German" animal welfare Law "stipulates that if a dog is left alone in the house for up to 8 hours or more , the owner should be punished. Italy 's animal protection legislation requirements, pet dog shelter spaces area not less than 8 meters, the solidity of the room temperature, humidity and ventilation conditions must meet certain criteria . Spanish town Xiluo Na recently enacted a new law to protect pet animals , require the owner to be on time every day to walk the dog , the dog can not sleep at night in the house , and offenders will be sentenced to 400 to a hefty fine of 500 euros . "⑥#p#分頁標題#e#
 

"Austria, Germany, France, Italy, Israel and other countries have also defines the rights and obligations of the animals recognize their right to live , any abuse, abandonment behavior will be condemned . All dogs must be registered within six months , to receive ID cards in Israel , the law prohibits animal anatomy lesson on primary and secondary schools as well as in the conduct tamer circus performers . "⑦

I think the animals of repeated incidents of abuse Canada is currently the main result of our attitude towards life, human nature has been the master of itself, we continue to conquer nature, to get a steady flow of resources from nature , so as gradually to put their all natural things we no longer Thanksgiving gift of nature , but think of it as a matter of course , is this a matter of course caused us no respect for life , for those animal rights and equality of our lives on earth indifference , our legislation to protect them actually also to protect ourselves , " criminologist U.S. study showed that: animal abuse at a young age , it may be early manifestations adult crime ; while a person can be kind to animals, is also considered to determine whether he has a good heart one standard a national attitude of how countries treat animals directly reflects the degree of civilization of this country . "⑧ murderer was arrested after questioning many find that they have had in the adolescent cruelty to animals . Canada is now the behavior of animals slaughtered there is indeed a trend of younger age , a twelve- year-old child killed by a cat just because of curiosity , is not that we do fail education , children's ability to imitate is the world's strongest, he demeanor from adult learning which is very wrong because the child's behavior and social parents did not give him the right to instill the concept . Youth growing process, did not form their own worldview and values ??, if you have been in contact with these bloody process of growing them , and accustomed to cruel treatment of animals , it would be a terrible thing. If we let the future of the country living in this environment , we are advocating how to achieve a harmonious society , I think that we should teach children to grow up in their most important concept is love, whether it is for family and friends or for those little creatures , Do not let the bloody eyes of a child . If the book is not enough to make them understand the education of respect for life , then we will use the law to stop .#p#分頁標題#e#

 

"Fan •said: " A society's level of civilization depends on the attitude of people towards life as well as the degree of respect and reverence for life is life , "he wrote :" " humanist Schweitzer at ." Ethics not only with people but also with the animal related animals like us desire happiness, recognize the pain and fear of death . If we are only concerned about the relationship between people , then we will not become truly civilized up " American scholars believe Berg : brutalized live animals, make people 's moral degeneration of a nation , if not prevent its members of the brutal treatment of animals , will also face the risk of critical decline celtic civilization itself and think : prohibit cruelty to animals , and not just for the animals as victims, but also to our own true human civilization , our nation progress, our humanity ...... are concerned with this development moral Mahatma Gandhi also said : great visual of how a country treats its animals to be measured and therefore , how to treat a national of the State animal attitude in to some extent a measure of the degree of civilization of a society an important symbol . "⑨ because the attitude towards animals directly reflects the basic attitude of people towards life . Our constantly in the news recently reported that Canada 's GDP surpassed Japan to become the world's second largest economy, the current result in the development of our country is certainly welcome, but we need to understand the economic development of developing countries does not mean that civilization does not mean enhance national quality. Throughout the history of the world , we have experienced a rise and fall of many regimes change, the eventual development of substances have become superficial, and retained only civilized country can become proved in the long river of history exist. How Canada continuation brilliant five thousand years of civilization , civilization requires not only moral but also the development of civilization and the rule of law , the protection of animal welfare legislation without delay . In the social survey for animal welfare legislation indicated that over 80% of users in favor of legislation , more than 70% of people in favor of animal abuse people held criminally responsible , which fully reflects the voice of the community.

 

Because of Canada 's animal imperfect legislation , people do not pay attention to animal welfare , the animals simply rude , Canadian International Trade restrictions become obstacles to development . Canadian agricultural products are exported to Europe , but the EU introduced a series of restrictions on animal welfare laws , such as Canada, frequent events such as clenbuterol , when fed to livestock breeders to add harmful chemicals and take inhumane slaughter methods these serious violations of international standards of animal welfare. Canadian position in international trade resulting in more and more passive , and some countries even ban the import of Canadian agricultural products, such as for example when it comes to the front of fur products , Canada has been a big country fur exports, but with the stripping of animal fur in Canada live events exposure animal protection organizations in many countries to protest against the government , calling for a ban fur products into the Canadian market in the country . "Due to the economic, technical underdeveloped legal system is imperfect and animal welfare , including the development of Canada Canadian home can easily become a WTO provisions to protect animal welfare concerns the object in order to protect their animals are always industry , with the development of economy , science and technology developed countries always adopt various means to continuously improve animal welfare conditions of barriers to international trade . "? If we do not legislate the protection of animal welfare in Canada , Canada will impose a passive position in international trade and the gradual loss of competitiveness . Because Canada has no relevant legislation, keeping people fed to healthy animals is not only harmful to harm the animal feed in the breeding process is the harm to human health , but also for the brutal slaughter of households slaughtered animals will not feel pain before death , and this will lead to animal suffering body secrete harmful substances. " Animals in extreme panic and pain , the adrenaline will be a lot of toxins secreted to form when the animal dies , their body all the excretory function and detoxification functions are stopped, all of these toxins is completely left in the animal's blood and muscle where , for eaters are quite harmful . "? these things will eventually be put on the table of humanity .#p#分頁標題#e#

 

Concept of animal protection legislation in Canada加拿大動物保護立法的構想

 

( A ) farm animals（一） 農(nóng)場動物

Canada is a big country of animal husbandry , every day tens of thousands of animals are slaughtered in legislative farm animals , farm animals reared to ensure adequate food, water , adequate space should be mandatory in a humane and painless way the animals were sacrificed , and the prohibition of its kind in the face of an animal slaughtered animals, animals avoid seeing the bloody scene. For animal feed ingredients rigorous review , prohibit any feed to animals fed with harmful chemical ingredients.

(B ) Experimental Animals（二） 實驗動物

"No animal anatomy experiments in schools , to avoid adverse effects on children's psychological, in foreign countries, conservationists believe that human beings are obliged to protect experimental animals at a disadvantage , although not the subject of rights in experimental animals , humans still have the moral principles extends to animals necessary "? experimental animals in the breeding process , to meet the animal 's own habits , giving them plenty of water and food , and keeping them healthy. Let them have a good living environment. Maximize the use of experimental animals euthanized surgery to reduce animal suffering due to pain caused by death . And then burned his body to the incinerator . Experimental animals for scientific research at the expense of life, we should build the monument in experimental animals .

(C ) companion animals（三） 伴侶動物

For companion animals , we should establish a sound system of good governance , all companion animals should establish a complete file , the provisions of wear collars . Prohibit private animal trafficking , trafficking organization for rigorous review of their qualifications , for stray animals housed the state should set up a special breeding institutions , foreign citizens can allow adoption . Countries prohibit sale to minors animals, animal adoption ban minors without guardian consent. For people punished animal cruelty , cruelty to animals who caused his injury or death should be held criminally responsible. In addition, we must also take into account the protection of animals at the same time social benefits in the legislation required for the animal to the owner , the owner must take the initiative to keep animals on the account to ensure their health, animal excretion masters in public places to be cleared up , the owner should be trained Pet avoid barking in public places , stray animals be punished according to their masters wear their collars .

( D) working animals（四） 工作動物

We all have to work in all areas of drug trafficking, disaster relief and other animal figure , for these animals we want to ensure that their basic interests , it is also required to ensure that the owner of a working dog working dog safety at work after they retired to ensure its good living environment, to ensure that they will not be abandoned .#p#分頁標題#e#

(E ) Entertainment animals（五） 娛樂動物

Entertainment animals common in our zoos, circuses rearing , etc., for these animals we want to ensure the establishment of a complete file for them on a regular basis to monitor their health to ensure they have enough to meet their habit of living space , to ensure that they have adequate food, water , sunlight . Implementation of the accountability system , the zoo , the circus animal cruelty or unusual cause of death in the circus and zoo keepers to their highest level by level leadership accountability .

( F ) Wildlife（六）野生動物

The State shall ensure the survival of wild animals is necessary for the people suffer as a result of the subsidies , increase wildlife poaching and trafficking of wildlife products, conduct penalties .

Generally speaking , in Canada should be criminal, civil , administrative, legislative protection in all areas of animal welfare , Canada should establish a dedicated animal protection agencies , the establishment of a special fund to support countries to provide the necessary material for the Protection of Animals , an increase in the Administrative Punishment Law in animals abuse of welfare measures for abandoned animals plot insufficient criminal penalties , fines it, detention and other administrative penalties. Increase in Canadian criminal law of animal welfare law , the circumstances are serious animal abuse punishable by criminal penalties , when our moral enough to protect the animals , we should be banned by the penalty . For civil proceedings arising because the animals to determine a clear standard of compensation .

 

Conclusion結論

In summary, for the increasingly serious situation in Canada, animal welfare , we should not want to change the pressure of social morality, public opinion and then lucky to stop these acts . We should protect them and we live together on these Earth creatures through practical action. "We should expect to make a law on animal welfare minimal protection , forbid the slaughter of animals slaughtered those with fur ban flesh survival and development to meet the needs of our animals, it is the obligation of the same for the life of mankind bounden ." ? Beijing University students infamous sulfuric acid spilled Bear event because we do not have the relevant laws and regulations , the perpetrator from punishment , we can not let history repeat itself , what is the meaning of the law is , I remember in the movie the Tokyo Trial , the discussion of whether a judge should when the death penalty for war criminals in Canada judges said this to say , " religion is to tell the world what to do to go to heaven , on the other hand , the law clearly defines what can not be done , otherwise you will be punished , it is necessary on the guillotine , we must the gallows , it is the law . " I believe the moral strength , but I think society needs to rely on a number of laws to regulate the phenomenon , as animal protection , the state should pass laws to let people know not to harm animals , we must do be punished.#p#分頁標題#e#