On Liability For Tort On The Animals' Injuring

The liability system for tort about animals'injuring has a long history. In new time, contents of liability system on animals'injuring must meet needs of requirements of society's developments, so the destination of the paper is to find out "what it should be " on the basis of understanding "what it is"and grasping the system's adaptable aspects.The paper develops through answering following questions:if injuries caused by any animals can lead to tort liability? why somebody should take tort liability? What conditions the liability e'xits in? who should assume tort liability? If there are causes exempted? The answers correspond with the paper's forward parts. In the first part, "animals" are interpreted that they should be controlled by somebody and they can injure somebody by their autonomous behaviors. Homeless animals belong to " the animals","the animals"don't include wildlife animals and microbes.The second part is mainly about liability principle, the tort liability on animals'injuring lies in the animals'dangers,the liability is strict.The third part is on the elements of the tort composition, the author emphasizes that animals'illegal behaviors are not necessaries for the tort composition.The fourth part is about liability body, the author states that the liability body should contain two requirements, in different conditions, there are different liability bodies. The fifth part is causes exempted,cause exempted includes six aspects among reasonable reasons and outside causes.The last part comes back to our present validatory liability system for tort about animals'injuring, the validatory tout law on animals'injuring has its own characters, but it also owns some deficts,for examples that liability body is not definite,the tort liability on damagements caused by zoo's animals is designed unreasonably,the range of causes exempted is narrow. According to these problems, so the author refers to correlated measures to perfect the libility system.