我國動物保護法規範之探討-以抑制流浪動物為中心

外文標題: 
The study on the Animal Protection Act in Taiwan-Focusing on Disminishing Strayed Animals
出版年份: 
2014年
主題類別: 
摘要: 

有鑒於國人對於動物保護及關懷生命觀念盛行,且飼養寵物風氣日盛,建構一套完整的動物管理及妥善解決流浪動物問題的制度,促進人與動物之間的和諧關係,實值得關心及討論,本文藉由流浪動物法規範制度設立背景,探討「抑止流浪動物法規範制度」中的《動物保護法》規範,探究我國《動物保護法》未來修改方向,以期檢討流浪動物制度的問題並提出抑止流浪動物法規範的興革方向。動物權仍取決於人的道德反省以及實踐修養,故希透過教育來宣導民眾並喚起國人的道德心;另外以法律觀點而言,我國既然通過《動物保護法》,動物即依法擁有生存權和生活權。以提倡動物權利的立法,藉由外在力量來約束及規範民眾,在內外兼施的情況下,更能達到其效益。故本文藉由探討流浪動物的問題喚起國人對動物權的重視,讓大眾瞭解問題的嚴重性,進而形成輿論的壓力,方能推動流浪動物政策改革的力量。動物收容所是收容無主動物的處所,是動物管理的核心,亦是流浪動物政策成敗的重要關鍵,我國之動物收容所仍有許多需要改進及突破之問題,有賴中央主管機關來加強監督及指導,以及地方政府的重視及能確實執行,然更需民間團體及社會大眾積極的關切及監督,方能使收容所發揮完整之功能。誘捕、絕育、釋放(Trap Neuter Release,TNR)是一種取代安樂死的人道管理和減少流浪動物數量的方法。

外文摘要: 

The concept of animal protection and advocate concerning lives of all kinds is a popular issue for people nowadays. In the meantime more and more citizen are willing to raise one or two pets, commonly known as feline or canine, in their life as companion; therefore, to construct a fully covered legal management on basic interests, welfare, rights and obligations of owners to the animals and some better systematic solutions to deal with day by day increasing numbered the strayed or the feral not only to speed up establishing harmony relationships in between man and other nonhuman species but also to inspire us to treat our world in humbleness ; which is really something worth us to pay further attentions.

The thesis tries to discuss the insufficient area of currently in force law- the Animal Protection Code, which is part of the main subject of “how to restrain breeding offspring of the homeless animals” through legislature procedure, via reviewing backgrounds of the initiation to legislate those standardized norms for strayed animals, which would respond to the heating debate issues for how to minimize those roaming around feral cats and dogs or sometimes called abandoned animals, as to provide future lawmaking modification towards diminishing those strayed feline or canine.

Animal rights, indeed, still depends on our morality as well as reflection of our heart to treat nonhuman lives equally and our practice of conscience. The best way of moral standards awakening is through educational propaganda or campaign; furthermore, from law point of view, though, we have statute Animal Protection Code, animals, by law, should be protected for their rights on possession of their own life and their interests of not to suffer. The legislature provokes and propagates animal rights, especially torturing prohibition and affording same consideration as the same interest similar to human, by way of external restraint and of self control or regulations of citizen, i.e. from in and out to extend scope of sanctuary and to achieve the maximum beneficiary for human beings while dealing with animals right.

I hope to investigate and dig out issues for those homeless animals so as to arouse people pay more attention to animal’s right. To let the public realize the seriousness of the issue so to increase media pressure to form force stream to push the law rectification for the policy towards the feral animals.

Animal shelter is a place in which lost or abandoned animals are waiting for owner to bring them home or to be adopted by new owners. In Taiwan, shelter for the animals still has lots issues, either on the shelter environments or to reaching no-euthanize, to be improved and to be break through. It relies on the central governmental monitor and direction to change the pound shelter into a better place for street animals. The local government also needs to take the issue seriously and to implement law truly. However it can never be too much for the public and ordinary people organization more voluntarily attention and supervision with enthusiasm to be involved in. Therefore the animal shelter can functioning very well as it should be.

The problematic strayed animals are getting worse than before. More construction for the shelters seems no actual helping the real world, if the strayed animal issue is not solved from the very fundamental that is to say no purchasing, no abandoning, and adoption than buying, then, “the more of the shelter, the more of euthanasia.”