Abstract
Taiwan's Animal Protection Act are enacted and promulgated on November 4, 1998. From 1998 until now, Animal Protection Act has modified eight times. But animal conservation groups still argued the authority about some articles of Animal Protection Act. Besides, events of maltreatment or harm on animals still occur frequently. Obviously, Animal Protection Act is now facing three major crises. The first major crisis is that animals are just treated as objects in current Animal Protection Act. The following situations resulted in this crisis: firstly, animals are still treated as goods in Taiwan's legal system; secondly, "unnecessary suffering" is not set up the most important principle in current Animal Protection Act; thirdly, the pet breeding is not controlled in high density; fourthly, ?owners who abandon animals they keep are not responsible for legal liability; finally, ?"stray animals" are not amended a independent chapter in Animal Protection Act. The second major crisis is that animal shelters are no-protection or no-welfare havens in Animal Protection Act. The following situations resulted in this crisis: firstly, " animal shelters " are not amended a independent chapter in Animal Protection Act; secondly, it is legally to kill animals kept in animal shelters or in the places designated by the municipal or county (city) competent authority that are not claimed, adopted or properly disposed of over twelve days following a notice or public announcement. The third major crisis is that Animal Protection Act is nearly no binding force. The following situations resulted in this crisis: firstly, any person in violation of maltreatment or harm on animals is subject to a fine rather than imprisonment; secondly, animal protectors can't carry out their tasks effectively in current Animal Protection Act; finally, it can not effectively interdict and bring actions against the violation of Animal Protection Act. This paper analyzes these crises that current Animal Protection Act is facing now and suggests strategies to face this crisis.
Keywords: Animal Protection Act, unnecessary suffering, pets, animal shelter, binding force |
