探究动物表演法治化规制路径——以全国首例亚洲象公益诉讼案为切入点

Exploration of the Path of Legal Regulation for Animal Performances:Taking the Nation's First Public Interest Lawsuit Case Involving Asian Elephants as An Entrance

随着人类文明的进步和动物福利观念的兴起,“人与自然和谐共生”成为新时代的指向标,动物表演的实质及其规制问题为社会所关注。近期,全国首例亚洲象公益诉讼案既反映了人类动物保护意识的增强,又反向揭开了我国动物表演领域相较于域外法治存在模糊地带。为使我国动物福利得以完善,各主体可借鉴域外经验,从立法、执法、公众参与等方面入手,赋予动物表演法治化的规制。

With the progress of human civilization and the rise of the concept of animal welfare,"harmonious coexistence between man and nature" has become the guiding principle of the new era,and the essence and regulation of animal performances have attracted social attention.Recently,the nation's first public interest litigation case involving Asian elephants not only reflects the enhancement of human awareness of animal protection but also reveals the ambiguity in China's animal performance sector compared to the rule of law abroad.To improve animal welfare in China,various entities can draw on foreign experiences and proceed from legislation,law enforcement,public participation,and other aspects to endow the regulation of animal performances with the rule of law.