A Study On Tort Liability For Damage Caused By Stray Animals

In recent years, the number of domestic pets and animals are increasing, while people are enjoying a better life. Due to such causes as being abandoned or lost, these animals are separated from the original keepers or managers, becoming stray animals. From the relevant literature about problems of stray animals in some places, which are published over past years, stray animals are growing in number. As stray animals cause various social problems, they also bring about many legal issues. With the frequent occurrence of stray animals harming people, it becomes an outstanding problem that victims cannot get remedy. Therefore, Article 82 in the Tort Law of PRC stipulates, where an abandoned or fleeing animal causes any harm to anyone during the abandoned or fleeing period, the original keeper or manager shall assume the tort liability. However, in practical judicial tort cases that stray animals harm people, victims usually cannot find the original keeper or manager so that infringed people cannot enjoy the right of getting practical relief. Thus, it’s necessary to study relevant issues of stray animals causing damages to people. This paper will discuss tort liability issues of stray animals harming people from the following aspects:The first part is an overview of stray animals. It mainly defines the concept of stray animals, and its types, features, analyzes differences between stray animals and domestic animals, and the situation of constantly growing stray animals, introduces dangers of stray animals and the tort status quo of stray animals.The second part expounds the current situation and plight of regulations on tort liability for any harm caused by stray animals. It contains China’s current law provisions on any harm caused by stray animals, and then based on these provisions, it briefly analyzes the subject, object and time of any harm caused by stray animals. Finally, it points out difficulties of China’s regulations on the stray animal definition, the subject of compensation, the stray animal classification and the compensation claim in terms of stray animals harming people.The third part, based on the current legislation on any damage caused by animals in Germany, Britain, France, states their references to China’s legislation. Namely, China should distinct cases of stray animals harming people, and then only a sound, mature legal system can help solve these issues. Besides, China should establish legislation and strengthen stray animal management, and enhance pet informatization management.In the last part, according to existing problems in current legislation, it proposes that we should clarify the definition of stray animals, and analyzes problems of compensation subjects about subject identification,. It’s expected to establish sound, mature legislation related to any damage caused by stray animals, and to address problems of stray animals harming people in a fundamental way through these studies.