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The Analysis Of Pet Clinic Disputes Case

Posted on:2011-02-21Degree:MasterType:Thesis
Country:ChinaCandidate:J J HeFull Text:PDF
GTID:2166360305465824Subject:Law
Abstract/Summary:PDF Full Text Request
Nowadays, pet consumption is becoming a new hot consumption item.According to statistics, in 2005, the citizens of Beijing spend 20 million yuan a year to feed the pet and the cost of Shanghai citizens spending on pet reaches up to 600 million yuan. Pet hospital was born then, accompanied by pet diagnosis and treatment disputes. With the civilian's legal consciousness strengthening,Complaints on pet treatment highlights.The disputes on pet treatment continuously appear, part of the reason is technical problem in pet hospital, or the drug abuse like to apply the human medicine to pet; some of the disputes are triggered by the unsatisfying treating effect when the pet is sick seriously; even some of the disputes are blackmails, like to claim the damages after the dog which is in the late phase of canine plague is dead, what is worse is the sick dog was intentionally bought from other people and was intentionally taken to pet hospital.Once the pet clinic disputes take place, how to determine the responsibility and how to compensate for the pets'injuries? According to our country's current law, there is still no answerer for these questions. Starting from a case of pet clinic dispute in practice, this paper applies the relevant legal provisions and legal theory to analyze some problems that existing in such kind of cases, especially for the identification of responsibility and the compensation issue. This paper will analysis the behavior of Pet Clinic on legal, especially discuss the legal relationship related to pet treatment and pet hospital in this part. Secondly, the paper will analysis the nature of responsibility and identification of responsibility.Thirdly, analysis the range of compensation of the pet clinic, this essay come up with the idea that the shifting of burden of proof should be applied and the principle of reasonable compensation should be established to deal with the pet clinic disputes.Lastly, the author will give her own suggestion and analysis on pet treatment institutes pointing to the legal system in our country.
Keywords/Search Tags:pet, pet clinic disputes, burden of proof, moral damage
PDF Full Text Request
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