Criminal Regulation of Animal Cruelty: Foreign Practice and Chinese Approach

Most countries have adopted legal measures to regulate animal cruelty behaviors, and many countries and regions have even criminalized such behavior. However, in China, the lack of criminalization has led to the frequent occurrence and severe consequences of such behavior. The social harmfulness of animal cruelty is underestimated in China. It directly infringes upon the legal interest of social order, while also indirectly or potentially violating personal rights and property interests. The regulatory effectiveness of civil and administrative law is insufficient, and the forced application of existing criminal offenses violates the principle of legality in criminal law, resulting in the toleration of animal cruelty and, consequently, triggering more serious crimes. Therefore, animal cruelty should be criminalized in China. Mature anti-animal cruelty legislation in other countries offers valuable insights for Chinese criminal law: identifying the legal interest infringed as social order and administration to determine the proper classification of the offense; clearly defining the constitutive elements and employing legislative techniques to narrow the scope of criminalization; and classifying animal cruelty as a minor offense with corresponding statutory penalties. These measures aim to safeguard social stability, promote social civilization, and align with international values in animal protection.