随着环境伦理学的发展,愈来愈多的学者主张动物具有权利主体地位,更有学者提出赋予动物在法律层面上的相关权利。然而,在传统民法上,动物一直是以法律关系客体的身份出现的。主张动物具有法律主体地位不仅具有逻辑推理上的缺陷更是对“主、客二分法”这一法律结构和由此结构所维护的法律秩序的极大冲击。因此,本文力图否定动物的法律主体地位。 With the development of environmental ethics, more and more scholars advocate that animals have the dominant status of rights. Some scholars have proposed to give animals the relevant rights at the legal level. However, in traditional civil law, animals have always appeared as the object of legal relationship. Advocating that the animal has the status of the main body of the law not only has the logical reasoning defects but also the great impact on the legal structure of “the Lord and the Hakka” and the legal order maintained by the structure. Therefore, this article tries hard to negate the dominant legal status of animals.