The Research On Cruelty To Animals Into Criminal

Nowadays,the phenomenon of cruelty to animals has become a very serious and frequent problem.Criminal Law in china has not evaluated to the behavior of cruelty to animals,and our legislation of animal protection is far away from being perfect,which has caused a very bad influence on society.It not only damages our international status,but also restricts the development of our economy.Even more,it disturbs the peace of our citizens and harms the growth environment for teenagers as well.The penalty imposed on cruelty to animals is not only a hot issue of academic research,but also becomes a focus spot to the public in recent years.Putting a certain behavior into the scope of the regulation of Criminal Law will lead the expansion of the state's right to punish which is related to the fundamental interests of all members of society.It needs a rigorous argument.This article,from the perspective of animal rights,establishes the legitimacy of the law to protect animals.Based on the analysis of the characteristics and connotation of crime,we should grasp the necessity of torture behavior and comparison of the legislation of animal protection at home and abroad.examining the related theories and the specific conditions of our country,it analyzes the feasibility of legal regulation of such torture behaviors and designs responding penalty system.The first section is introduction.First,the significance of the research is clarified from two aspects:theoretical significance and practical significance.Second,the characteristics of the current theory research are summarized through the analysis of the current situation at home and abroad.Finally,the ideas,methods and innovations of this research is introduced.The second section is about the analysis of the present phenomenon of cruelty to animals and the legal protection of animal rights.By summing up the types of cruelty to animals and the characteristics of cruelty,it analyzes the causes of the phenomenon of cruelty to animals and its adverse effects on society.The legitimacy of the legal protection of animal rights is explored from the relevant philological theories.First,the content of animal rights is analyzed:Not to be abused is a important rights for animals.Second,limited protection principle is a feasibility on protecting animals by law.Finally,it is to point out that the current shortcomings of the animal protection and gives some suggestions for reform of the legal protection of animals.The third section is about the necessity analysis of cruelty to animals into criminal in our country.First,though the debate on cruelty to animals into Criminal by the parties,it comes to conclusion that to support the punishment into Criminal Law.Second,by including the conditions of incrimination,it can certain that cruelty to animals should be punished by Criminal Law because it is collaborates all parts of element of crime.The fourth section is analysis that the feasibility of cruelty to animals into Criminal Law in our country which analysis from many aspects includes social progress,theoretical development,economic factors and legislation and practice at home and abroad.The intellectual support of this issue is provides by the development of human civilization.The theoretical basis of this issue depends on the development of criminal law theory.The development of social economy is provides guarantee for the behavior be a criminal offense.The development of foreign legislation on animal protection provides experience for the cruelty to animals into punishment.The fifth section is the legislative design on the animals abuse into Crime Law.According to the development of the Criminal Law's theory and the conditions of our country,it expatiates the Criminal Law system of the actor of cruelty to animals such as the mode,the accusation,the penalty constitution and so on.It is also discusses some new ideas about"Penalty Lightly","Qualifications Penalty"and expounds some principle of the Criminal Law system.