Research On Anti-Animal Cruelty Legislation

Legislation for the protection of animals is very common in international legislation.Although animal welfare standards are generally applied in animal protection legislation in many countries at present,most of the countries at the beginning of formulating animal protection legislation aimed at prohibiting animal abuse.At present,China is still in the absence of relevant legislation,and animal abuse cannot be regulated reasonably and effectively by law.With the rapid development of China's economy,the progress of social civilization,and the closer ties between the world,people are more aware of the immorality of cruel treatment of animals,and pay more attention to the issue of animal protection.The formulation of anti-animal abuse legislation is also one of the important links in the road of improving the rule of law in China.Under the influence of the concept of animal welfare,the abuse of animals has expanded its connotation,which is no longer limited to the physical protection of animals,but also begins to pay attention to the spiritual care of animals.However,this is not suitable for China's national cognition and current situation of development.China's legislation should still start from the protection of animals' physiological health.The practice that countries restrict the scope of animal protection and further divide animals into different types within the scope of protection,not only increases the scientific nature of legislation,but also makes the legislation more operable in the implementation,which can guarantee the effective realization of the legislative purpose of anti-cruelty to animals.It is also of practical necessity for China to formulate anti-animal abuse legislation,which can alleviate the social contradictions caused by the lack of legislation in China,reflect the progress of China's civilization,and provide a bridge for China's development in the international community.People should be aware of the social harmfulness of animal cruelty.Ignoring or conniving at such behavior will only lead to greater damage step by step.With the further development of animal protection legislation,there are more specific criteria for judging animal abuse.How to define animal abuse in legislation is the key to anti-animal abuse legislation.In terms of judgment criteria,people's behaviors are complex and changeable,so it is not appropriate to make too rigid and specific provisions on the criteria for judging animal cruelty.It is more advantageous to make a reasonable judgement by taking "unnecessary suffering" as one of the important standards,and letting the judge make the value judgment according to the specific situation and own experience.The analysis of the constitutive elements of "animal cruelty crime" can also make people know more clearly under what circumstances animal cruelty should be punished by criminal law.In legislation,it is important to clarify the legal responsibility for animal cruelty.China lacks special legislation,and it is difficult to regulate such behavior effectively under the existing legal system.After more than a hundred years of legislative process,European and American countries have formed a relatively complete punishment system from civil to criminal cooperation.In most east Asian countries,the punishment is relatively light,especially in the amount of fine and the standard of freedom penalty,but they all clearly reflect the opposition to animal cruelty.China is in the primary stage of anti-animal abuse legislation,and the regulations of east Asian countries and regions on the forms and standards of relevant legal liabilities have played a good role for reference under the premise of conforming to China's national conditions.Under the existing anti-abuse animal legislation system in China,there are still some problems such as backward legislative concept and weak punishment due to the lack of special legislation.We should take these problems seriously and explore the model of anti-animal abuse legislation in China.Animal cruelty has realistic harm.The formulation of anti-animal abuse legislation not only conforms to the trend of the times and the trend of international legislation,but also is a part of China's construction of a harmonious society and improvement of socialist legal construction.