Study On Constituting The Crime Of Cruelty To Animals

Animals are essential resource in the earth. They provide resources to human beings'every need. As our society develops and as people's quality and consciousness of protecting animals improved quickly, we should be kind to them as a payback. However, cases of animal cruelty happened frequently in China, especially in the recent years. Some of them drew attention of a great bulk of citizens, leading to wicked influence. People call for exerting a stiff penalty on those who dare to treat animals cruelly. They think that the legislation of our country is not completed in terms of animal protection and animal anti-cruelty, and they hope there will be a clause in Criminal Law soon to solve this problem thoroughly.Because the legal frameworks of animal protection in other countries are mature, we should refer to them when trying to establish our own, drawing the strong points to offset our weakness. However, we should also consider China's actual conditions, enacting clear definition to terminologies of "animal","abuse", and "consequences"Both human being and institution can be the subject of crime. And the object of the crime should be the welfare of animals. In the subjective aspect,"on purpose" should be attribute to crime. And in the objective aspect, to convict of crime, animals should be seriously injured or dead.