Ministry sees need to stop animal cruelty

Possible legislation would clarify punishment and provide deterrence

The Ministry of Agriculture and Rural Affairs recently acknowledged the need to advance legislation intended to heighten a crackdown on the torture and killing of animals that has incited widespread repulsion but remained largely undeterred due to the lack of legislation.

The ministry said it plans to work with the National Forestry and Grassland Administration to research legislative possibilities for banning animal cruelty and to improve regulations and protocols related to animal protection, adding that it will be an "arduous and extended" work that requires systematic planning and efforts from the whole society.

The comments were released on the ministry's website in response to a proposal from a deputy to the National People's Congress, China's top legislative body, which suggested the adoption of an anti-animal cruelty law to rein in barbaric acts against animals and enhance overall animal welfare.

Such an appeal has been debated by the country's deputies repeatedly over the past few years, and the ministry's fresh reply has sent a positive signal to the push for reining in mistreatment of animals with legal force, animal protection advocates have said.

China does not have a comprehensive law for ensuring the well-being of all animals or an anti-animal cruelty law.

In 2010, a draft law that prohibits animal cruelty was published to solicit opinions from the public and then handed to relevant authorities, but the draft did not progress further.

Zhu Lieyu, a lawyer based in Guangdong province and a deputy to the NPC, had suggested in 2018 to the top legislature that horrific acts of animal cruelty should be subject to the Criminal Law of China, resulting in severe punishments including prison sentences.

"It was the first time that the ministry has given a positive public stance on the issue of setting up separate anti-animal cruelty legislation, and it shows the authority's determination," he said.

Previous advocates in the field of animal protection include Li Suyan, a physician and a deputy to the NPC from Xuzhou, Jiangsu province.

In 2016, she proposed to the top legislature to enact a law prohibiting animal cruelty, saying that a comprehensive law would effectively deter uncivilized behavior against animals and foster a more friendly environment toward animals.

In 2017, Jiang Zhongpu, also a deputy to the NPC, said that in some extreme cases intentional harm of animals could disrupt social order.

He proposed to add new provisions to the Law on Public Security, handing out definite punishments such as fines and detainment of offenders and pressing criminal charges in horrific incidents.

Instead of advocating for passing a separate law, Zhu said, it is more feasible to slot provisions that prohibit horrific acts of animal cruelty into existing legislation.

"Some regions in China have long traditions of eating the meat of small animals such as cats and dogs.

"A single law might trigger strong opposition and misunderstanding from them," he said.

Despite different cultural backgrounds, the majority of people have expressed anger toward violent torturing of animals and would support harsher penalties targeting these violators, according to Zhu.

"To be more specific and detailed about animal cruelty in existing legislation is a shortcut to enhancing deterrence," he said.

Fu Yao, a resident in Beijing who owns a pet kitten, said whoever abuses animals for fun is deserving of punishment, such as detention or being dismissed from their job.

"Acts of torturing small animals sometimes suggest that the offender could endanger public security," she said.

"Such acts should also be recorded in their personal profiles."