The Research On Cruelty To Animals Into Criminal

In recent years,there have been frequent incidents of animal abuse in China.After being exposed by the media or the Internet,these incidents have caused many negative impacts in society,which is not conducive to the construction of harmonious society.However,due to a series of subjective and objective reasons,it is difficult for Chinese laws to effectively regulate the acts of cruelty to animals at the present stage.In this case,the abusers only need to be responsible for compensatory damages in the traditional civil law field or only receive moral condemnation,which leads to the public’s questioning and thinking on the current law.In order to effectively regulate the cruel animal abuse,the abuser should be severely punished,and the crime of animal abuse is imminent.This paper consists of four parts.The first part expounds the connotation of animal cruelty,the legal status of animals and the current situation and problems of animal-abuse legislation in China.In the second part,on the basis of summarizing the standards of the behavior conviction in our criminal law.It also discusses that the animal abuse’s serious social harmfulness,the current law can’t restrain the animal abuse behavior,animal cruelty conviction will not limit the rights of citizens but be conducive to social development,Criminal law can carry on the objective identifying and fair treatment to the animal abuse behavior,the criminal law can effectively realize the prevention of animal abuse through these five aspects.It analyzes the necessity of animal abuse behavior conviction.The third part demonstrates the feasibility of incriminating animal cruelty from five aspects: the development trend of criminal law,the level of economic development,the national policy environment,the legislative tradition and ethics of our country,the current situation of foreign legislation.The fourth part designs the specific scheme on animal abuse conviction.In the first section of the sixth chapter,"the crime of disrupting public order",specific provisions of the criminal law of the People’s Republic of China adds animal cruelty in the section,this crime subject is natural person and unit,the crime object is social management order.Subjective aspect of crime is actual intent,and crime objective aspect is torturing vertebrates by cruel means and reaching the standard of the serious circumstances.The statuary sentence can use the way of combining free punishment and fine punishment,with setting up qualification punishment at the same time.