A Study On The Criminalization Of Animal Abuse

In recent years,there have been many animal abuse incidents in our country,which have aroused the strong concern of the public opinion.Under the appeal of many scholars and social organizations at home and abroad,China has begun to inspire the issues related to animal protection.Animal is a special group in the legal status is more special,because its own biological characteristics make it unable to become the main body of the legal relationship,so it is more realistic to study animals as a special object.From the perspective of the legislative purpose of criminal law,the infringement of legal interest is the substantive benchmark to criminalize an act,and under the premise of the infringement of legal interest,it is necessary to focus on whether animal abuse has serious social harm.Social citizens have the right to enjoy a good social public atmosphere and benefit from it.Good social public rights include good social morality and public order.However,the cruelty of animal cruelty by the perpetrator seriously impacts the good moral feelings of the public,breaks through the moral bottom line,and seriously destroys the normal public order of the society.The public has broken through the tolerance bottom line for animal cruelty and reached the degree of exclusion,so the criminalization of animal cruelty is justified.Moreover,there is no special legislation to prohibit animal abuse in China,and the existing legal system cannot effectively regulate such acts.Therefore,it is imperative to criminalizeanimal abuse under the premise of the modesty of criminal law,and it is also the requirement and proper meaning to perfect animal protection legislation in China.It is gratifying that in China,there is a strong feasibility to criminalize animal abuse,which is the direction of public opinion.In addition,the gradually developed concept of animal protection,foreign advanced legislative experience and solid economic foundation provide strong support for the criminalization of animal abuse.On the issue of crime and crime,it is based on the four elements of crime constitution.The object of the crime of cruelty to animals is social legal interest.In the objective aspect of crime,it is clear to define the scope of animals.From the three aspects of the consequences of cruelty to animals,the cruelty degree of the stage of cruelty and the social impact of cruelty to animals,the subject of crime As the general subject,the subjective aspect of the crime is intentional.At the same time,the crime of cruelty to animals is placed in the sixth chapter of the criminal law of our country,which hinders the social management order.The penalty setting must also be coordinated with the system of the criminal law of our country.As a misdemeanor,the crime of cruelty to animals should not be too heavy,and should not violate the principle of suiting the crime and punishment.