水產養殖動物保護及其權利

The Farmed Fish Rights' Protection in Taiwan

動物權在歐美國家已有長遠的發展，在我國也有數十年的歷史。不過動物權受限於人類的自由、財產以及學術研究的需求，難能擴張。陸上養殖動物如此，水產養殖動物更難以突破。畢竟，大部分的魚不容易與人類溝通，作為陸上哺乳類動物的人類，也很難體會水中冷血動物的生理、心理與生活環境，加上人類習以為常釣捕魚類，並在基因轉殖魚類重大商業利益的誘導下，眾多水產改良的養殖行為，是否已經構成妨害魚類正常生理發展的虐待、宰殺行為，有著難以解釋的困境，導致魚類想要獲得人類的動物權保障，也許還需要多方、長期的努力。

In general, fish do not communicate with human beings, vice a versa, people cannot understand the language of fish either. Different from terrestrial human beings, cold blooded fish live within the water that could hardly be analyzed the physiology, psychology and the ne-cessity of aquatic habitat environment. Besides, catching and hatching fish as food and nutrition for human beings has been continuing all over the world before the history people made, long enough to be sys-tematic protected by the law and its authorities. Meanwhile, the legal system formed and reformed not for animals but for mankind only. As a result, it would be very difficult to claim the rights for terrestrial animals, not even for the fish. However, the animal welfare or rights had transferred into parts of human legal system for two hundred years. At present, the animal law all over the world will enforce people change their behavior directly not as the same as usual anymore. There should be more kindly and humane treatments to animals in-cluding the fish.