Doctrinal Analysis Of Crminal Law On The Punishment Of Animal Cruelty

Animal protection covers "ecological animal protection" and "ethical animal protection",our legislation only on the former promulgates many regulations but does nothing about the latter.Ethical animal protection in the criminal law level the problems mainly include endogenous problems and exogenous problems.The former includes the following three challenges:First,the current law does not stipulate the legal semantics and legal status of "animal".Second,"sadism how to set up the elements of "material crime"?Third,how to balance the punishment of animal cruelty?The latter can be summed up as the voices against criminalization.The main tolerators are not clear from the scope and status of animal law.Conflict with traditional customs;Expending judicial resources and undermining human rights protection in four aspects.However,both endogenous problems and exogenous objections can be solved one by one.First,the legal scope and status of "animals" can still be clarified,and should only be limited to "spinal animals";Legal status is neither subject nor traditional object,but a special object different from property.Secondly,entering punishment does not mean violating traditional customs.Those who believe that entering punishment is in conflict with traditional customs fall into the mold of one-line fact-centralism.Third,the punishment will not cause the consumption of judicial resources,even in today’s judicial resources shortage,still must abide by the dual sanctions system.Fourth,the imperfect protection of human rights is not an excuse to oppose animal cruelty into punishment;On the one hand,spiritual needs have become an indispensable part of human existence,and laws focus on the protection of spiritual safety,which shows the determination to further improve the protection of human rights.The punishment of animal cruelty satisfies the three major certificates of necessity,legitimacy and feasibility.In terms of necessity,first of all,animal abuse is a risk behavior of violent sexual behavior;Second,animal cruelty has reached a fever pitch.Finally,punishment not only satisfies the criterion violation theory,but also meets the requirement of social harm and the essence of crime.In the aspect of legitimacy,on the basis of satisfying the view of prudent moderation in criminal law;Have wide popular support;And is conducive to the normative development of all walks of life.In the aspect of feasibility,first of all,animal cruelty into punishment is conducive to eliminate the shortcomings of insufficient legal sanctions;Secondly,it is helpful to fill the legislative gap and provide the criminal paradigm foundation for the enactment and implementation of the animal protection Department law in the future.Finally,penalty and criminal net are gradually suimi,so as to realize the modern criminal law task of protecting society and actively preventing crime.The allocation of animal cruelty to punishment in the substantive law mainly consists of four parts:legislative mode,constitutive elements of crime,penalty balance and expression of crime,chapter classification and provision design.In the legislative mode,we should stick to the mainstream amendment mode and add this crime into the next criminal law amendment.In the constitutive elements of crime,both natural person and unit can be the subject of this crime.Legal interests should abide by the dichotomy of good feelings and social order under the dualism of illegality,rather than simple good feelings or animal rights or welfare,which is embodied as Kantian indirect deontology in philosophy.In the aspect of subjective illegal elements,the crime has and only intention,including direct intention and indirect intention.In addition,this crime is not committed for purpose,there is no need to investigate the inner purpose of the doer.In the aspect of objective illegal elements,the harmful behavior pattern adopts the example method which is a compromise between enumeration and generalization.The "mistreatment" of animal abuse is different from the"mistreatment" of the crime of mistreatment,which is manifested as "physical torture by acts".The subject of unit crime mistreatment of animals in the form of indirect and intentional neglect is also one of the objective elements of this crime.The punishment for the crime of cruelty to animals is relatively definite legal punishment;In terms of punishment methods,the maximum penalty should be criminal detention,and a fine of less than 10,000 yuan,and the qualification penalty is mainly prohibited from working.In the non-criminal punishment method,the criminal is prohibited from raising animals or engaging in the industry related to animals within a certain period of time from the date of parole after the completion of the sentence.This crime should be placed in the "Crime of Disturbing Public Order",Section 1,Chapter 6 of the Criminal Law,the offence is "intentional cruelty to animals,under one of the following circumstances,or repeatedly abuse animals,abuse a large number of animals,and cause serious social impact,shall be subject to public surveillance or criminal detention,and also or only to a fine of less than 10,000 yuan."...