Animals Cause Damage To The Inquiry Of Tort Liability

Animal virulence is a special responsibility Tort Liability, general Principles of Civil Law in China has provided about this, But whether in theory or in the judicial sector practice, the requirement for the application of considerable controversy, it is necessary to conduct an in-depth study. In this paper, a more detailed analysis of the virulence of the responsibility of animal-related matters of a controversial nature, in particular the principles and attribution that the main responsibility, as well as related Disclaimer reason to do a more in-depth Inquiry.Through the civil law and common law principles of animal virulence Liability comparative study, and in light of China's animal virulence Liability principles of the status quo, believe that it is necessary for China's animal virulence Liability principles to reposition, the animal should be classified, corresponding to adopt no-fault liability and fault principle of the presumption of liability binary system. That the main responsibility in the issue, when the animal keepers and the administrator of inconsistencies, as well as animals from the farmers or administrator at the main responsibility for the identified problems, General Principles of Civil Law without expressly provides that the Supreme People' s Court, there is no specific judicial explained that the judicial practice departments, legal theory sector to solve these two problems by not unified viewpoint. When the animal keepers and the administrator of inconsistencies, on the issue of accountability, there are two views, a view that animals should be kept and managers shared jointly and severally liable, the second view is that managers should bear responsibility. Although their two viewpoints have some truth, but from the the spirit of General Principles of Civil Law, and give full consideration to the protection of the interests of the victims, I believe that managers should take responsibility by keeping related to assume added responsibility for the management people can not afford to part or all of compensation for damages, the victim can be compensated farmers there. In animal feeding or administrator from the time of damage on people, on behalf of our country, some scholars thesis is that different, and the author of the relevant legal principles, to a new theory from the perspective of the issues analyzed and discussed. Although China' s General Principles of Civil Law on Animal virulence farmers or administrator exemption to the required conditions, but more general, and the author comparative study abroad on the basis of the relevant legislation, the exemption will be the subject of detailed classification and categorization, put forward their own original insights, to seek to comply with legal and applicable to the specific cases of theory.In addition, the domestication of wild animals is not applicable although General Principles of Civil Law, referring to the animal virulence liability provisions, but have not been domesticated wild animals cause damage is not uncommon examples, but our corresponding state compensation mechanism and not perfect, there is no uniform national standard compensation, around the practice is not consistent, which is not conducive to the interests of the victim compensation is not conducive to the protection of wild animals. This paper attempts to compensation from the national perspective, not domesticated wild animals cause damage to the legal basis for relief and compensation obligations of the authority set up to issue their own views and ideas.