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Researches On Liabilities For The Damage Caused By Raised Animals

Posted on:2012-03-16Degree:MasterType:Thesis
Country:ChinaCandidate:X WangFull Text:PDF
GTID:2216330338959704Subject:Civil and Commercial Law
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Men have to contact the raised animals inevitable, no matter for life or for the producing. With the increase of the opportunities of contacting with them, as well as the many facilities they have brought to us, there are more and more opportunities for them to attack us. It is a hoary legal rule for the raisers to be liable for the damages caused by the animals. In the ancient days, the raised animals are important possessions, while till the recent times, they have taken a much more significant part in sufficing human's psychical needs. Nowadays, the quantity of people keeping animals is ascending rapidly with the enhancement of men's life level and working pressure. As a result, problems growing out of the raised animals are highlighted greatly. In order to balance the benefits between the raisers and the third parties, also to reconcile human and the domesticated animals, it is necessary to appeal to the healthy legal norms. For this reason, I will do some comparative researches on the relevant legislations both national and aboard, with a hope to take in several helpful theoretical and practical experiences. With the aid of our national conditions, we can set forth a number of proposals and opinions in consummating relevant institutions about liabilities for the damage caused by raised animals, which will make the theoretical researches on the liabilities for the damage caused by raised animals more impeccable in our country, and this will do good to the recently effective Chinese Tort Liability Law in its practical application.This article contains more than thirty thousand words, and can be classified into five parts.The first one is on the basic theories about liabilities for the damage caused by raised animals. In my opinion, liabilities for the damage caused by raised animals mean the special tort liabilities the animals'raisers or managers should burden when those animals controlled actually by human beings cause damages to others'lives or possessions. The "raised animals" thereinto refer to all sorts of animals raised, controlled by men. At the same time, I approve of theories about liability of danger to be the academic basis for liabilities for the damage caused by raised animals.The second part analyzes the doctrines of liability fixation of liabilities for the damage caused by raised animals. The analysis indicates to the dualistic system of Chinese Tort Liability Law, including no-fault liability principle and presumption of fault liability principle. Futhermore, the no-fault liability principle is divided into the one to a lesser degree and the other to a heavier degree with respect to the degree insidely.In the third part, the constitutive requirements of liabilities for the damage caused by raised animals under Chinese Tort Liability Law are discussed. I am of the opinion that the common constitutive requirements of liabilities for the damage caused by raised animals should consist of the damaging actions of raised animals, the damaging results, and the causation between them. However, there are still several special liabilities for the damage caused by raised animals that have different constructive requirements.Section four concerns the defenses to liabilities for the damage caused by raised animals with regard to Chinese Tort Liability Law, that is, the fault of the victim, the force majeure, and the agreed immunity of liability. In my opinion, for the damages caused by dangerous animals that are forbidden to raise, namely, what so called spirited dogs, the raisers or the managers can not recourse to the force majeure for defenses. On the other hand, the force majeure is applicable to the general animals raised.The fifth part proceeds as an appraisal to Chinese Tort Liability Law, in addition,also as suggestions and prospects to relevant questions. I come to the conclusion that when the present statute draws on plural doctrines of liability fixation to seek for the balance between the liberty to act and the relief to the victim, and to lean on the protection of the damaged, its regulations about liabilities for the damage caused by raised animals are consistent in the trend of modern tort liability legislation. Yet, there are still some problems of present legislation, such as the application of presumption of fault liability principle to the damages caused by animals in zoo faces the vacancy of academic basis, and the liabilities out of the abandoned or escaped animals confront practical difficulties. I will put forward a reasonable scheme applicable to the damages caused by the animals in zoo, simultaneously, the suggestion to strengthen administrative management and to establish reform funds for damages caused by the abandoned or escaped animals is also contained.
Keywords/Search Tags:the raised animals, no-fault liability principle, presumption of fault liability principle
PDF Full Text Request
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