A Study On The Controversy Of Animal Cruelty Into Punishment

With the development of social economy and the expansion of human activities,the intersection with animals is increasing.In the process of human being getting along with animals,it is inevitable to abuse animals.With the development of human civilization,more and more human beings have realized that animals are as conscious creatures as human beings.Human beings should protect animals,not abuse them.Therefore,most people hate and condemn the cruelty to animals.With the economic development of our country,people’s spiritual civilization literacy has been greatly improved.More and more people get rid of the concept of people-centered society,realize that animals are also an indispensable part of society,and devote themselves to the cause of animal protection.The voice of protecting animals from abuse from the perspective of law is also growing.Therefore,in order to fill the legal gap and promote the development of animal protection in China,it is necessary to include serious and cruel animal abuse into the criminal law.However,there are many theoretical differences on whether animal cruelty should be punished or not in our country.This paper starts with specific cases and theoretical knowledge of criminal law,and discusses the current controversial events and theories about animal cruelty in our country,so as to summarize the existing controversial points in our country.Because China is a socialist country with Chinese characteristics,and the laws of European and American countries are not the same,so we can not copy the foreign legal provisions completely,so combined with China’s specific national conditions and laws to analyze the existing dispute focus.Through the analysis,we can get the solution to these disputes.From the perspective of criminal law,we define the abusive behavior,and determine the elements of the criminal law of abusing animals,and list the specific provisions of the criminal law.