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動物保護法執行機關與權責的法制架構───以管制動物虐待為中心
Thesis

動物保護法執行機關與權責的法制架構───以管制動物虐待為中心

余致蓁
Masters, 國立清華大學, 科技法律研究所
2016

Abstract

動物保護法 動物福利 動物虐待 執行機關權責 行政執行法 刑事訴訟法 公私協力 Animal Protection Law Animal Welfare Animal Abuse Animal cruelty Accountability of Executing Agencies Administrative Execution Law Code of Criminal Procedure Public-Private Partnerships
The legitimacy of animal protection, after a long period of dialectical and development, seems to have become an international consensus. The central idea of Animal Protection Law in Taiwan has been very clear to be Animal Welfare-oriented. However, to actually avoid animal abuse, there are still many deficiencies waiting to be fix under current legal norms and the configuration of the executive authorities. In order to amend the existing regulations and to solve the problem of confusion and disability of the executive authorities so that animal welfare can be implemented, this article use statutory interpretation and practical interview to analyze the problem, then draw on the experience of other countries of different types of animal protection systems. Through the improvement of the relevant regulations, hoping to build up a most suitable system for Taiwan's animal protection and set up an official animal protection agencies in every local government that combines the function of control, rescue and criminal prosecution. Also, expand the authority of animal control officer, and gain human resource by public-private partnerships to handle with animal cruelty.

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