论"动物不是物"的法理基础

The Jurisprudential Basic of "Animals are not Objects"

从生命的起源上来看,动物和人都是作为地球的生命形式而存在的。将动物看作客体是"人类中心主义"思想在 法律上的表现,而在推行环保主义、生态主义和实施可持续发展战略的今天,赋予动物法律主体地位不仅仅是法 律做出的技术改良,更是一种构建在"非人类中心主义"基础上的全新中国法理念。

Observing from the origin of life-beings, both animals and human beings exist as a certain kind of living forms on the earth. The fact that the animals are considered as the object rather than the subject is the manifestation of human centralism on law. However, nowadays, as environmental protectionism, biologicalism and sustainable development are carried out, the fact that animals are granted the principal position in law is not only an progress in terms of law, but also a brand new law concept built on the basis of non-human centralism.