Tort Liability For Harm Caused By Stray Animal

Along with the gradual improvement of the people's living standard, domestic animals are increasing growing in number, which has led to a sharp rise of cases of harm caused by them. The Tort liability for any harm caused by domestic animals was provided in the law at all times and in all over the world.,such as in Dodicl Tavole and the law of Qin Dynasty. There is a special case in the tort liability for harm caused by domestic animals, namely who shall assume the tort liability when they are out of control of keeper or manager (namely stray animals) and hurt people? Keeper or manager was stipulated to assume the tort liability in Dodicl Tavole , the French Civil Code and Germany Civil Code, but is it how to be stipulated in the present laws of our country?There are no similar provisions on the tort liability of domestic animals causing any harm to another person in the General Principles of the Civil Law of our country. Recently, with more and more cases of harm caused by domestic animals, there are a growing number of the victims who are hard to get relief, therefore, Art. 82 in the Tort Law of the PRC stipulates where an abandoned or fleeing animal causes any harm to another person during the time period of its abandonment or fleeing, the original keeper or manager of the animal shall assume the tort liability. But may this Article make the victim get relief timely and really? Starting from stray dogs hurting people, the author details analysis of the definition and the status quo of stray animals, the tort liability for harm caused by them, the defects and perfection of the regulations on the tort liability for harm caused by them in our country's tort law. The reason why the dissertation starts from stray dogs hurting people is just because this kind of harm accounts for the majority of harm caused by stray animals.This dissertation consists of three parts:Part one: the definition and status quo of stray animal. The author defines the connotation and the denotation of stray animal, expounds the situation of the quantity, the harm and the infringement cases caused by stray animal in this part.Part two: the tort liability for any harm caused by stray animal. The dissertation expounds the fixation principles, the constitution requisites, the exception reasons, the liability subjects and the scope of compensation of the tort liability of stray animal hurting people. Part Three: probes into the defects and the perfection of the regulation on the tort liability for any harm caused by stray animal. Starting from the legal provision, the author analyses its defects, such as: leaving out the lost animals, stipulating without claiming compensation and being flawed in the provision on liability subjects, then expounds respectively how to perfect the regulation of the tort liability of stray animal hurting people in legal modification and judicial explanation in the future, mainly explains the perfection of liability subjects:setting up"a fund for any harm caused by domestic animal"to make the government assume the responsibility.