Film undergraduate of cruel cat video apologizes, does our country mistreat an animal to sin? Why to

Origin: Big lawyer net

Introduction: Recently, college of industry of grain of net Shandong exposing to the sun big 4 student model are such-and-such video of the cat that pat cruel is trafficced, below the circumstance that still survives in the cat, with decorticate, draw out the cruel means such as bowel, baked wheaten cake, electrical shock to mistreat the cat deadly. This student films be trafficced on the network after cruel cat video, among them great majority is the school roam about cat, the cruel inside two months roams about many times 80 to death cat, this matter causes a netizen to be condemned strongly, school of after the event undertakes critical handling to its, this student also apologizes in small gain. Big lawyer network is small make up bring to everybody today " mistreat an animal " relevant content, so, film undergraduate of cruel cat video apologizes, does our country mistreat an animal to sin? Why to mistreat feline dog not to sin? How does legal protection animal sentence cause sb's death by maltreating him?

Current, in our country the legal protection animal with only wild cause sb's death by maltreating him just can suffer legal sanction, be not protective animal, the rare animal that perhaps feeds artificially, according to at present the jurisprudence of our country, common animal still is regarded as " content " , if all common animals belong another person,mar " property " behavior, it is to be able to be punished by administration, according to its value is to make crime even.

Instantly has the relevant law that wild animal protects only, the relevant law that has not abused about pet comes on stage, but send as the frequency that mishandles animal case, project group expert suggests to be based on " animal of People's Republic of China protects a law " a charge that create, this accusation is highest can be in 6 months above 3 years the following set term of imprisonment.

(One) mistreat an animal intentionally, disturbed society order, the clue perhaps causes the; of serious consequence badly

(2) begin the show that mistreats an animal or activity, disturbed society order, the clue perhaps causes the; of serious consequence badly

(3) do not do divisional, attack kill already the animal of epidemic prevention, the means that perhaps uses impersonal method attacks kill an animal, the clue perhaps causes the; of serious consequence badly

(4) it is a purpose with commerce, disobey this code to decide, pick from body of live body animal take organ and ramification, traffic animal organ, the clue perhaps causes serious consequence badly.

Basis " management of public security of People's Republic of China sanctions a method " the 49th regulation, mar state-private property intentionally, be in 5 days of above 10 days to be detained below, can be in clue of; of 500 yuan of the following amerce heavier, be in 10 days of above 15 days to be detained below, can be in 1000 yuan of the following amerce.

Basis " criminal law of People's Republic of China " the 275th regulation, destroy property blame intentionally, it is to show intended destruction perhaps damages state-private property, amount perhaps has the action of other and serious clue greatly relatively. Destroy state-private property intentionally, amount perhaps has other and serious plot greatly relatively, handle battle of 3 years of the following set term of imprisonments, arrest or fine; amount is huge perhaps have other and special serious plot, be in 3 years of above 7 years the following set term of imprisonment.

According to our country " the law is not a blame without regulation of proclaimed in writing, the law is not punished without regulation of proclaimed in writing " criminal law decides the blame principle, namely " the law is not had prohibit can be " , on legislative level, execute the law cost is higher, mistreat an animal to be limitted hard, superintend hard, without remarkable society harm, legislative profit is not big, to mistreating a cat the dog can be condemned from morally only, legal system also needs to be perfected gradually, future also can be on legislative level prohibit animal of unending cause sb's death by maltreating him.

Common animal does not belong to wild animal to protect a law to protect range, law of punishment of management of our country public security and criminal law transmit bawdy goods to have special provision to using a network only, the harsh action that animals of afore-mentioned cause sb's death by maltreating him upload video can basis " Internet news service runs way " the 15th regulation, "The person that Internet information is offerred, must not make, duplicate, release, transmission is contained following 9 forbidden content " in the clause such as dispersed and bawdy, pornography, gamble, violent, horrible, abet crime has a few to be restricted flexibly.

Legal protection animal has class of our hep national just a little to protect an animal, still have " 3 have an animal " .

Basis " China people wild animal protects a law " the wild animal that provides protection, it is to show precious, endangered Liu Sheng, aquatic wild animal and the land that have value of important zoology, science, society give birth to wild animal. Formulary wild animal reachs its goods, it is the whole that points to wild animal (contain egg, egg) , part and its ramification.

The protection of the other and aquatic wild animal beyond precious, endangered aquatic wild animal, applicable " law of fishery of People's Republic of China " the regulation that waits for concerned law.

The country executes classification to classification to wild animal protection. The country executes key protection to precious, endangered wild animal. The wild animal component that national emphasis protects protects wild animal and wild animal of 2 class protection for one class.

National emphasis protects wild animal directory, after by wild animal of the State Council protection is in charge of a branch to organize science to evaluate, make, decide pair of directory 5 every years to undertake adjustment according to assessing a situation. National emphasis protects wild animal directory to sign up for approval of the State Council to announce.

Local key protects wild animal, it is to show national emphasis protects wild animal beyond, by the wild animal that key of province, municipality, municipality directly under the Central Government protects. Local key protects wild animal directory, after organizing science to evaluate by government of people of province, municipality, municipality directly under the Central Government, make, adjust and announce.

The Liu Shengye that has value of important zoology, science, society gives birth to animal directory, after by wild animal of the State Council protection is in charge of a branch to organize science to evaluate, make, adjust and announce.

Punishment of legal protection animal sets cause sb's death by maltreating him:

One, " criminal law of People's Republic of China "

The 241st [illegal hunt is caught, blame of killing and precious, endangered wild animal] [buy illegally, carry sells blame of goods of precious, endangered wild animal, precious, endangered wild animal] illegal hunt is caught, of the precious, endangered wild animal that killing nation emphasis protects, buy illegally perhaps, carry, of the precious, endangered wild animal that sells national emphasis is protected and its goods, be in 5 years of the following set term of imprisonments or arrest battle, punish golden; clue serious, be in 5 years of above 10 years the following set term of imprisonment, punish golden clue particularly serious, be in set term of imprisonment of 10 years of above, punish gold to perhaps confiscate property.

[blame of illegal dog hunt] violate dog hunt statute, banning hunt, close season to perhaps be used ban used tool, method to undertake dog hunt, destroy wildlife natural resources, the clue is serious, manage battle of 3 years of the following set term of imprisonments, arrest, control or fine.

The 340th [catch illegally aquatic product blame] violate statute of protective aquatic resources, perhaps use in closed area, closed season ban catching aquatic product of used tool, method, the clue is serious, manage battle of 3 years of the following set term of imprisonments, arrest, control or fine.

2, " top people court destroys case of criminal of wildlife natural resources about cognizance specific application law the explanation of a certain number of problems "

The 3rd illegal hunt is caught, killing, buy, carry, sell precious, endangered wild animal has one of following state, belong to " the clue is serious " :

(One) the; that achieves place of this explanatory subordinate list to list relevant measure standard

(2) illegal hunt is caught, killing, buy, carry, the precious, endangered wild animal that offers different sort, among them two kinds of above achieve subordinate list place to list respectively " the clue is serious " of above of quantitative level half.

Illegal hunt is caught, killing, buy, carry, sell precious, endangered wild animal has one of following state, belong to " the clue is particularly serious " :

(One) the; that achieves place of this explanatory subordinate list to list relevant measure standard

(2) illegal hunt is caught, killing, buy, carry, the precious, endangered wild animal that offers different sort, among them two kinds of above achieve subordinate list place to list respectively " the clue is serious " of above of quantitative level half.

The 4th illegal hunt is caught, killing, buy, carry, sell precious, endangered wild animal makes crime, those who have one of following state, can maintain for " the clue is serious " ; illegal hunt is caught, killing, buy, carry, sell precious, endangered wild animal accords with this explanation.

The 3rd the first regulation, have one of following state, can maintain for " the clue is particularly serious " .

(One) the first member; of guilty group

(2) the scientific research that affects pair of wild animal badly, breed the; that waits for working success

(3) the; that with arming covering method carries out crime

(4) the; that the vehicle such as car of car of use special type, for military use carries out crime

(5) cause other and serious losing.

The 5th buy illegally, carry, sell goods of precious, endangered wild animal has one of following state, belong to " the clue is serious " :

(One) value is in the; of 100 thousand yuan of above

(2) gain profit illegally the; of 50 thousand yuan of above

(3) have other and serious plot.

Buy illegally, carry, sell goods of precious, endangered wild animal has one of following state, belong to " the clue is particularly serious " :

(One) value is in the; of 200 thousand yuan of above

(2) gain profit illegally the; of 100 thousand yuan of above

(3) have other and special serious plot.

The 6th is disobeyed chase code, banning hunt, close season to perhaps be used ban used tool, method to chase, those who have one of following state, belong to chase illegally " the clue is serious " :

(One) chase illegally wild animal the; of 20 above

(2) disobey chase code, banning hunt or the; that the tool method that close season uses chases

(3) have other and serious plot.

It is the 7th use explosion, dangerous to cast electrified wire netting of poison, setting to wait the method destroys wildlife natural resources, form illegal hunt to catch, blame of killing and precious, endangered wild animal, make the crime that criminal law perhaps sets the 115th times the 114th times at the same time, the regulation with according to heavier punishment convictions punishment.

The 8th carries out the crime that criminal law sets the 341st times, defy with violent, minatory method again investigate, make other crime, the regulation that according to counts a blame and punishs is punished.

The 10th catch illegally hunt, killing, buy, carry, sell " be in severe danger convention of international trade of species of wild vivid plant " appendix one, the wild animal that the blame that the appendix lists 2 times originates in our country formerly " the clue is serious " , " the clue is particularly serious " , consult to explain the 3rd originally, the 4th and pay as congeneric as its state one, the cognizance standard of wild animal of 2 class protection is carried out, without as congeneric as its country one, 2 class protect wild animal, consult to be the same as the country of the division with its one, the cognizance standard of wild animal of 2 class protection is carried out.

3, " wild animal protects a law " (amended on August 28, 2004)

Thirtieth: Catch those who kill national emphasis to protect wild animal illegally, the additional provision that according to catchs the precious, endangered wild animal that kills national emphasis protection to commit a crime about punishing investigates criminal duty.

Thirtieth 2: Disobey this code to decide, banning hunt, close season to perhaps use those who ban hunt of used tool, method to catch wild animal, by wild animal administration director branch confiscates quarry, hunt to catch tool and illegal earning, place in order to fine. Thirtieth 3: Disobey this code to decide, did not obtain chase card perhaps was not pressed chase card stipulates hunt catchs wild animal, by wild animal administration director branch is confiscated quarry and illegal earning, place in order to fine, can confiscate hunt to catch a tool, revoke chases card.

4, " Liu Shengye gives birth to an animal to protect executive byelaw " (the State Council made the 588th edit 2011)

Thirtieth 3: Catch illegally kill national emphasis to protect wild animal, the clue is remarkable and slight the harm is not great, perhaps commit a crime the clue is slight do not need to sentence penalty, by wild animal administration director branch confiscates quarry, hunt to catch tool and illegal earning, revoke is concessionary hunt catchs disease, be in be equivalent to quarry price be worth 10 times the following amerce, the place that does not have quarry fines 10000 yuan below.

Thirtieth 4: Disobey wild animal to protect code, banning hunt, close season to perhaps be used ban hunt of used tool, method to catch blame nation emphasis to protect wild animal, according to " wild animal protects a law " thirtieth sets fine 2 times, press following regulation to carry out: (One) those who have quarry, place be worth 8 times the following amerce;(in order to be equivalent to quarry price 2) do not have quarry, be in 2000 yuan of the following amerce.

Thirtieth 5: "Disobey wild animal to protect code, did not obtain chase card perhaps was not pressed chase card stipulates hunt catchs blame nation emphasis to protect wild animal, according to " wild animal protects a law " thirtieth sets fine 3 times, press following regulation to carry out: (One) those who have quarry, place be worth 5 times the following amerce;(in order to be equivalent to quarry price 2) those who do not have quarry, be in 1000 yuan of the following amerce.