The Study Of Animal Cruelty Provided By Criminal Law

In recent years,the continuous occurrence of serious abuses of animals,such as the “sulfuric acid splashing bear incident,” these brutal and bloody incidents have strongly irritated people's nerves and aroused great indignation among the people.However,at present,there are only a series of related animal protection and management laws and regulations in China.The scope of protection and protection measures are very limited,and it is difficult to make a reasonable and effective response to frequent animal abuse behaviors.Looking at the legislation of animal protection in all countries and regions of the world begins with criminal legislation.Therefore,on the basis of animal rights analysis,this article refers to the animal protection legislation model outside the domain,and proposes to add the crime of cruelty to animals in the criminal law in order to solve the problem of frequent abuse of animals so as to maintain social harmony and promote social progress.The first part of the article makes a comparison between the concept of animals and the definition of abuse.The differences between animals in the biological and legal sense are analyzed.At the same time,the existing laws of our country define the "abuse" behavior and the foreign legislation on the "abuse behavior",and define the abuse behavior as a cruel measure or method for animals.Unnecessary pain or hurtful behavior.The second part expounds the theoretical basis for the torture of animals.The question of the legal status of animals is a basic theoretical issue that has a major impact on legislation.At present,the debate in the academic community is about the legal status of animals.In this section,several major theories have been comprehensively analyzed,and finally the special object theory of animals has been affirmed.That is,animals do not have legal status as subjects,but they are also different from ordinary movable assets and have special object status.In the final analysis,the crime of animal cruelty is in the protection of human interests.The third part explains the necessity of the torture of animals into prison.Animal abuse behavior has serious social harm and brings negative impact on social order and social morality.At the same time,animal abuse behaviors tend to breed violent behaviors of the behavioral person.Many serious violent criminals often have animal husbandry abuses.In addition,due to the backwardness of the concept of legislation,the lack of sanctions means that it is difficult for China's existing legal means to adjust the behavior of animal cruelty.In addition to the modesty of the criminal law itself and the need to comply with international trends,it is necessary to add the crime of animal cruelty in criminal law.The fourth part analyzes the feasibility of cruelty to animals.The idea of preventing cruelty to animals is not an exotic product,but it is deeply rooted in China's excellent traditional culture.Although it has been gradually neglected in modern times,with the progress of society,people's animal protection ideas have gradually regained consciousness and people have begun to pay attention to animals.Legal protection.At the same time,the legislation practice of foreign countries and regions in animal protection legislation also provides certain reference experience for animal cruelty.The fifth part discusses the design of the scheme for the treatment of animal cruelty,including the model of the cruel treatment of animals,the description of the crime,the constitution of the crime,and the configuration of punishment.Based on the current situation in China,the use of criminal law amendments in the criminal law to add animal abuse is a more reasonable legislative model.In the description of the crime,attention should be paid to the destruction of public order and the infringement of social law benefits.The crime composition needs to emphasize that negligence and indirect intent cannot constitute the crime.The crime subject includes the natural person and the unit.The criminal subject is mainly the social law benefit.The objective aspect is mainly the behavior that seriously damages the social order.Finally,in the allocation of penalties,attention should be paid to the comparison with related crimes,and it is not appropriate to impose relatively severe penalties.