A Study On Constituting The Crime Of Cruelty To Animals

How to treat animals is an important standard to measure a nation’s civilization.At present,the abuse of animals is frequent in our country,the means are more and more cruel,and the social impact is bad,but the legislation of animal protection is very weak,and the criminal law does not regulate the abuse of animals.Due to the lack of laws on animal protection,the abuse of animals can not be regulated and correctly guided,resulting in bad social impact and damage to the international image of China’s civilized country,at the same time,it has made an impact on China’s economic development,the growth environment of young people and national peace.In recent years,many experts and scholars have discussed the issue of animal abuse into punishment,and the general public has always paid attention to the topic of animal abuse into punishment.This paper supports that animal cruelty should be regulated by criminal law,which can not only guide people’s attitude towards animals,but also effectively reduce the social harm caused by animal cruelty,protect animal ecological resources,optimize social atmosphere,achieve the goal of maintaining social public order,and contribute to the long-term development of human society.This article will analyze and discuss the current situation of legislation on animal abuse in China,the necessity and feasibility of punishing animal abuse,the constitution of the crime of animal abuse and the legislative conception of punishing animal abuse.Finally,the author thinks that the formulation of the crime of cruelty to animals can be realized in the form of criminal law amendment.The crime of cruelty to animals can be expressed as that,in violation of the provisions of the criminal law,abusing animals in public or spreading cruelty to animals,he shall be sentenced to fixed-term imprisonment of not less than six months but not more than one year,criminal detention or public surveillance,and shall also be fined,and may be deprived of the right to keep animals;if the circumstances are serious,he shall be sentenced to fixed-term imprisonment of not less than one year but not more than three years and shall also be fined,and shall be deprived of the right to keep animals,to deprive of the right to engage in occupations related to close contact with animals.If a unit commits this crime,it shall also be fined,and its business related to animals shall be restricted.The person in charge or other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph.