(CN) Does China Need an Animal Protection Law?

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Does China Need an Animal Protection Law?

LI SHIGONG

Beijing Review

NO. 42 OCTOBER 22, 2009

 

On September 18, a number of Chinese law experts announced that they had drafted

an animal protection act. China currently lacks a comprehensive basic law on

animal protection. The underdeveloped legal system is thus unable to put all

animals under effective protection. Thus, scholars suggested drafting China's

first law on the protection of animal welfare, so as to cope with problems such

as animal abuse and desertion in accordance with laws. The law is expected to

make animal owners more responsible and thus cut the government's expense in

this regard, prevent livestock breeding pollution and encourage the virtue of

caring for animals.

 

The draft also includes a proposal to revise the Criminal Law to define the

crimes of animal abuse, animal desertion and spreading video or photo messages

about animal abuse.

 

The drafting of the animal protection act has attracted public attention since

the day it was announced.

 

Some people believe it's absolutely necessary to punish those who abuse animals,

while others believe that animal protection is something only developed

countries can afford to consider.

 

Apart from public doubt, some legal experts have also expressed worry. If most

people are still indifferent to animal abuse, they say, a single law can do

little to solve the problems.

 

However, a survey carried out in June shows that over 80 percent of respondents

support an animal protection law and over 75 percent agree that those who abuse

animals to death should be criminally prosecuted.

 

Put humans first

 

Li Kejie (Procuratorial Daily): The proposed animal protection act is

considerate and detailed in terms of animal welfare and rights. If all animals

were treated in accordance with its stipulations, their living conditions would

be better than those of people in impoverished areas.

 

But legislation must be based on the actual level of social development, and

that includes legislation addressing animal welfare. Today, China has just

started a series of basic social welfare programs and in some backward areas,

even human beings' basic rights are not well ensured, so it's unrealistic to

ensure animals high-level welfare at the current stage. Anyway, people should be

put first in the process of social development. It's ridiculous to overemphasize

animal rights while human beings are still suffering.

 

It is also unrealistic from a legal perspective to greatly improve animal rights

before human beings' basic rights are ensured.

 

Yang Yuze (China Youth Daily): For animals to be empowered with certain rights,

there must be some conditions: First, the rise of the middle class, who will

change animals from work animals into pets and strengthen the sentimental bond

between human beings and animals; second, technological progress, which will

facilitate the protection of human rights and then benefit animals; third, a

social consensus on the protection of animal rights. Without these three

conditions, even if there is relevant legislation, it will not work.

 

Animal rights protection is based on a well-developed legal system, but the most

important basis is a high level of economic development. The Chinese have just

solved the problem of food and clothing, but many social security challenges

remain striking, including employment, housing and health care. It seems

unrealistic to admit and protect animal welfare and rights right now.

 

Besides, laws should be based on social customs and social morality. For

example, residents in some areas have to deal with some animals according to

local customs, even though they are otherwise animal lovers. If legal experts

invent a law that makes these customs illegal, then many people will become

criminals overnight.

 

Yang Haidong (www.china.com.cn): Animal abuse is to a large extent a behavior of

those who are under huge pressure.

 

According to the proposed animal protection act, those who abuse animals will be

held criminally accountable. It is unacceptable to deprive human beings of their

basic rights for the sake of animal protection. The final goal of the animal

protection law is not punishment, but to kindle people's love and care for

helpless animals. The precondition is to raise the nation's moral standard on

the whole, but this requires quite a long time, and a single law will not by

itself raise people's morality to such a high level.

 

Yang Guodong (Southern Metropolis Daily): In terms of animal protection

legislation, we should refrain from overemphasizing animal welfare. In

accordance with laws in some Western countries, killing dogs is forbidden, and

livestock are to be killed only after electrical stunning. These regulations are

not only unsuitable for China's national conditions, but also perplexing. While

killing dogs is forbidden, pigs and cattle can be killed. Are dogs superior to

other animals? Isn't this a form of animal discrimination? Is there any

difference between killing after electrical stunning and direct killing?

 

Beijing once drafted China's first local regulation on animal welfare

protection, but local residents opposed it. Why? Because it was totally out of

sync with China's national conditions.

 

We can learn from Western legislation on animal protection, but we should not

slavishly copy them. It's important to take into full consideration China's

cultural traditions, dietary habits and realistic animal breeding conditions.

Otherwise, such laws will be resisted by society. At that point, not only will

animal welfare still be unprotected, but judicial dignity will also be damaged.

 

Good for society

 

Deng Huilin (www.cnhubei.com): Some people argue that if the proposed animal

protection act was passed, many people would become criminals overnight. Is it

that many Chinese are committing crimes against animals? This law centers on the

prevention of animal abuse and desertion.

 

Opponents like to connect animal welfare with the level of economic development,

but there is nothing in the proposed law that demands money from the poor to

support animals. Neither does the law ask the government to spend money on

animals that was originally intended for people. Indeed, when animals' owners

are asked to take more responsibility, it will actually save the government

money.

 

Drafters believe if the animal protection act is ratified, China will cease to

be a net importer of animal products. China is a big animal producer, so why is

it a net importer of animal products? There are two major reasons. First is the

low quality of Chinese products. The second reason is that Chinese animal

products are not in most Western countries because its animal protection does

not live up to these countries' trade standards. That is, cruel treatment of

animals will bring us fewer profits than if we treat animals kindly. Moreover,

the cost of treating animals well is far less than some have estimated.

 

The proposed animal protection act demands that animal owners or breeders take

responsibility for their animals. People may choose not to raise pets if they

don't want to be responsible for their welfare. Isn't that the basic moral

standard? If someone is unable to keep a pet in good and safe conditions, why

does he or she have to have a pet?

 

Luo Xi (Shanghai Law News): Due to the lack of relevant legal regulations,

recent years have seen many cases of animal abuse, from which the torturers

escaped without legal punishment. One thing is certain: What these torturers are

doing breaks the moral bottom line and is unbearable to the majority of the

public.

 

According to international criteria, animals are divided into six categories:

farm, laboratory, companion, work, exhibition and wild animals. China only has

the Law on the Protection of Wildlife. The five other categories of animals are

not under legal protection. Moreover, the Law on the Protection of Wildlife only

covers a small scope and is short of practical clauses. Thus, it is relatively

ineffective in helping even wildlife.

 

Actually, animal protection is not only a matter of human morality, but it also

matters for human beings' sustainable development. It is important to care for

the natural environment shared by both human beings and animals. It is

unacceptable to cruelly treat animals that share our sentimental feelings in

this civilized world. How shortsighted it is to totally center on our own

welfare. Animal protection laws are a symbol of social progress. They reflect

mankind's more progressive and deeper understanding of nature.

 

Zhou Huan (www.jx.xinhuanet.com): Although China has promulgated a series of

laws and legal regulations to protect animals, such as the Law on the Protection

of Wildlife, the Animal Epidemic Prevention Law, the Animal Husbandry Law and

Regulations for the Administration of Affairs Concerning Experimental Animals,

undoubtedly, the country lacks a comprehensive law that will effectively protect

animals. Thus, animal welfare in China is much worse than it is in the Western

world. As a result, we see frequent cases of animal abuse. This tells us that

keeping animals safe requires not only high morality but also rigid protection

laws.

 

When respect for life becomes a common moral standard in modern society and a

legal principle in the civilized world, the relationship between mankind and

nature will surely become closer and more harmonious. Therefore, to care for

animals and protect animals, and to respect life in all forms, we need to start

with a comprehensive animal protection law.

 

Wang Xiaomin (www.jfdaily.com): Research shows that those who abuse animals are

five times more likely to commit crimes than those who have never abused

animals. The former also have a stronger tendency to abuse children, the elderly

and partners. At the same time, the better their living conditions are, the

emptier these people feel and the more likely they are to abuse animals for

their own amusement. When animal abuse has become fun for them and even the

means to enliven their empty lives, it won't take long for them to become

interested in abusing their human counterparts. The many cases of cruel and

abusive homicide seen in recent years fully reflect this. It is terrible to

envision a society in which animals are casually abused. Therefore, even if it's

for our own safety, it is time to make animal abuse illegal.

 

http://www.bjreview.com/quotes/txt/2009-10/23/content_225363.htm