Research On Criminalization Of Animal Abuse

Animals and human beings have always coexisted on the earth.With the increasing coverage of human activities,animals inevitably intersect with human beings,and animal abuse is disharmonious.With the development of society and the progress of civilization,it should be abandoned by human beings.Nowadays,most people have realized that animals are perceptive creatures and essential partners for human survival.Animals should be protected from cruel human abuse.Most people hate cruelty to animals and strongly condemned the frequent animal abuse in recent years.China’s legislation against animal abuse is facing double challenges of reality and legislation.The dilemma at the realistic level is reflected in the following two points:First,the current situation of animal welfare protection in China is worrying.Overall,animal abuse tends to be frequently.Its cruel and harsh means have seriously impacted the core values of socialism,broken through the moral bottom line adhered to by the good people,spread the bad atmosphere of violence and bloodshed,and shaken the social order.Secondly,the concept of animal protection is backward.The crisis facing animal welfare in our country has not been paid enough attention by the society for a long time.A large part of people still follow the old logic of traditional anthropocentrism and completely ignore animal welfare.However,from the legislative level,there are serious deficiencies in our current animal protection legislation.The main manifestations are as follows:Firstly,there is no basic law of animal protection which plays a leading role in the overall situation,and the criminal sanctions on animal abuse are blank;secondly,the legislation concerning animal protection in China is scattered,especially the criminal legislation is limited to the protection of precious and endangered wildlife,and the purpose of legislation is also based on the protection of the environment and the maintenance of species diversity.In view of the abuse of ordinary animals,we can only condemn it morally and in public opinion.It is difficult for the perpetrators to realize the seriousness of the problem and to eliminate the bad social impact.Nowadays,in the field of animal protection,European and American countries have formed animal protection theories represented by animal welfare theory and animal rights theory.These theories have not stayed at the theoretical stage,and some of them have been approved by the legislation of most countries.On the basis of these theories,various countries have gradually established a complete set of animal welfare protection legal system,which has legally recognized some animal welfare.Animal abuse and other serious violations of animal welfare in these countries are warned and fined,and face criminal sanctions.Criminalization of animal abuse has become a major trend in animal protection legislation in various countries.With the continuous progress of China’s economic development,the country has begun to gradually promote the construction of people’s spiritual civilization,recognizing that the treat animals kindly is an important part of the construction of spiritual civilization.Many people have changed the old concept of anthropocentrism and actively participated in the cause of animal protection.More and more people with lofty ideals also appeal to rely on legislation to effectively protect animals.Be subjected to inhumane treatment.In order to improve the legal system of animal protection and make up for the loopholes in the law,it is imperative to criminalize serious animal abuse.However,based on China’s current basic national conditions and legislative concepts,the direct formulation of animal welfare law can not be recognized by legislators,and lacks the legal environment for its implementation.So,we must not copy other countries’high standards of animal welfare protection legislative concepts and models.Our country should have the choice of legislative programs suitable for our national conditions and acceptable to the general public,so that the law can be effective and play its due role.Therefore,it is necessary and feasible to criminalize some serious animal abuse on the basis of improving the administrative responsibility of animal abuse.However,the severity of criminal law requires us to clarify the object of protection for the crime of cruelty to animals,starting from the interests of the protection of human beings,the nature of animals in the crime is worth pondering;the severity of the word"cruelty"in the crime should be clearly defined according to the specific circumstances.In practice,and the boundary between crime and non-crime should be clearly defined;at the same time,establish a accusation should take into account the provisions of our criminal law.In order to make the crime of animal abuse operational,we should in coordination with the chapter system of our criminal law,the allocation of penalties should be reasonable,not violate the principle of suitability of crime and punishment,but also link up with relevant administrative laws and regulations.Let the crime of animal abuse be operable in reality.