| In recent years more and more serious animal abuse events occurred in China, which not only have bad impact on society, but also harm China’s international image, even more do serious damage to the total export of the animals as well as the products made from them of China, and there are increasing calls for an animal abuse law. This paper refers to the development and the practice of the animal abuse legislation in other countries all over the world, and aims to discusses whether or not the animal abuse can constitute a crime in China.This paper is consisted of four parts. The first part summarizes the law conception of anti-animal;The second part recounts the process of anti-animal maltreatment legislation all over the world,and introduces the practice of animal abuse legislation in China;The third part discusses and demonstrates the necessity and the feasibility of giving crime to animal maltreatment;The fourth part discusses the program designs for giving crime to animal maltreatment and analyzes the criminal form of animal abuse;The first part puts forward the main theory genres about animal protection, including animal rights theory and animal welfarism, even though they differ in legal status of animals, but the ultimate aim for them, using legal tools to protect animals, totally banning animal abuse, encouraging everyone to care and cherish animals, is exactly the same. In my opinion,protecting animals’welfare is a better choice than admitting animals’ rights for China.Then the second part recounts the process of anti-animal maltreatment legislation all over the world,and introduces the practice of animal abuse legislation in China,and through comparison found that there exists many problems on animals’ criminal protection in our country,then further put forward the cruelty of. giving crime to animal maltreatment.The third part demonstrates the necessity of giving crime to animal maltreatment,and discusses the feasibility from multiple perspectives.In the fourth part,according to national conditions and the legislative practice in China,the paper discusses the best choice for China to giving crime to animal maltreatment,and analyzes the advantages and rationality of "ANIMAL ABUSE LAW(expert proposal draft)" and "animal cruelty". Formulated by the drafting team.Then discusses the criminal constitution of animal abuse and gives a far more detailed analysis of the criminal object and the criminal objective aspect. How to correctly define the animal’s legal status and the characteristics of "abuse" is also discussed in this part. |
