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The Research on Giving Crime to Animal Maltreatment

Author: BaoZuo
Tutor: MengQingHua
School: Hebei University
Course: Criminal Law
Keywords: Against animal maltreatment Legislation model Crime of animal maltreatment Constitution of crime Penalty design
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 169
Quote: 1
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Abstract


In recent years, serious incidents of animal maltreatment occur frequently in China, which have adverse influence on the society. More and more voices which call for opposing animal maltreatment law has appeared. Throughout the world, almost every country has taken the criminal legislation as the first step. Therefore, I choose“the Research on Giving Crime to Animal Maltreatment”as the topic of my dissertation.The first chapter recounts the process of anti-animal maltreatment’legislation all over the world. The current legislation against animal maltreatment has been developed to protect animals’welfare, and even to admit animals’rights. In my opinion, for China, admitting animals’rights is too radical; protecting animals’welfare is a better choice.The second chapter discusses and demonstrates the necessity and the feasibility of giving crime to animal maltreatment.The third chapter discusses the program designs for giving crime to animal maltreatment. Adding a new criminal charge---Crime of Animal Maltreatment---to the Criminal Law with the means of an amendment is the most appropriate way. The way of prosecution indictment is public prosecution.The forth chapter analyzes the constitution of the Crime of Animal Maltreatment. The object of this crime is multiple and variable, but the main object is good social atmosphere and social order. The target of the crime includes all kinds of animals. On the objective aspects, it will be better if we do not make a specific definition of“maltreatment”, and it must result in the destruction of social order. The subject of the crime is general; organizations can also commit the crime. On the subjective aspects, it is limited to direct intent.The last chapter discusses the penalty designs of the Crime of Animal Maltreatment and the position in the Criminal Law. The statutory maximum punishment of this crime is less than three years’imprisonment, with a fine or a separately imposed fine. Some new punishments of ripping off qualifications should be added to the Criminal Law, for example, depriving the criminal from or restricting them to exposure to animals. The charge should be added in the first section of Chapter Six in the Criminal Law. Along with the protection of animals being more and more comprehensive, there maybe one day that crimes of animals become an independent chapter or presented in a way of accessory criminal law.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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