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The Implementation of the Civil Code for the Protection of Animals and Environment: Pros and Cons of the Draft Civil Code(Special Issue No.21, 2016)


By Chang Jiwen & Wu Ping, Research Institute of Resources and Environment Policies of DRC, Yin Lixia & Wang Keying, China University of Geosciences, & Qu Maohui, Hunan University

Research Report, Special Issue No.21, 2016 (Total 1494)

Abstract: Animals and environmental protection require the Civil Code to make regulated management. Currently, China is working on the compilation of the general provisions of the Civil Code and efforts should be made to bring into full play the role of Civil Code on the protection of animals and environment. This paper first points out the importance of the Civil Code on the regulated protection of animals and environment. Then it argues that the Civil Code can only make principle-based regulations on the civil legal status and special protection for animals and environment and make guiding rules consistent with administrative regulations. Based on that, the paper focuses on the regulations in the three draft propositions to illustrate the civil legal status, property of animals and environment and their particularity in civil legal affairs. The paper concludes with some suggestions for revision of the three drafts of the Civil Code, hoping to leverage the due role of the Civil Code in protecting animals and environment.

Key words: civil code, animals, environment, legal status