CHINESE JUDGES? ATTITUDES TOWARDS COMPANION ANIMALS : A STUDY OF COURT DECISIONS FROM 2003 TO 2022

Since the turn of the century, legal scholars, experts, and animal protection activists in mainland China have persistently worked to improve the welfare and treatment of companion animals. However, progress in enacting a companion animal protection law has been slow. One signi�?cant roadblock is the belief that legislation for protecting companion animals, and indeed all animals, is considered too premature for China. Chinese judges, trained under the civil law tradition that requires judicial decisions to be based on explicit legal provisions, are perceived as incapable of applying the law creatively. They are therefore incapable of making decisions re�?ecting the changing public sentiments for companion animals. However, the �?ndings of this book decisively challenge this belief. Through the compilation and analysis of 138 judicial decisions spanning two decades (2003-2023), this study demonstrates that Chinese judges are neither indifferent nor unsympathetic to the emotional bond between pet owners and their animals. Some judges have moved decisively beyond the traditional "animals as property" paradigm by explicitly distinguishing companion animals from ordinary objects, acknowledging their unique status, and recognizing their emotional value and signi�?cance within the human family. This study shows that Chinese society is ready for the enactment of a special law for companion animal protection or a comprehensive animal welfare law for all animals. Foreword by Peter Li.