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Researches On Liabilities For The Damage Caused By Raised Animals

Posted on:2013-03-22Degree:MasterType:Thesis
Country:ChinaCandidate:S Y YangFull Text:PDF
GTID:2246330371976435Subject:Law
Abstract/Summary:PDF Full Text Request
The liabilities for the damage caused by raised animals is a special kind of tort liability. The tenth chapter of the Chinese Tort Liability Law provides for this particular tort type with a single chapter form. Before the standing committee of the National People’s Congress released the Chinese Tort Liability Law officially, the academic circles and judicial circles have paid great attention to the issues of the liabilities for the damage caused by raised animals, and established lots of different viewpoints and estimable suggestions. Nowadays, even if the Chinese Tort Liability Law has been released, people are still debating a lot about the understanding and the appliance of the specific provisions of the liabilities for the damage caused by raised animals. For this reason,according to my own understanding about the specific provisions of the liabilities for the damage caused by raised animals, I will set forth a number of proposals and opinions digging into the specific provisions,and find out the conception and category of the raised animals,the doctrines of liability fixation of liabilities for the damage caused by raised animals, the constitutive requirements of liabilities for the damage caused by raised animals,and the defenses to liabilities for the damage caused by raised animals.The first part of my thesis analyzes the conception and the category of the raised animals, which is based on some comparative researches between the civil law system and the system of Anglo-American law. Then in the first part, I discuss the conception and category of the raised animals combing with the provisions of Article seventy-eight, Article seventy-nine, Article eighty, Article eight-one and Article eighty-two.The second part of my thesis first analyzes the doctrines of liability fixation of liabilities for the damage caused by raised animals to a comparative study of before or after of the liabilities for the damage caused by raised animals of the Chinese Tort Liability Law. The analysis indicates to the dualistic system of Chinese Tort Liability Law, including no-fault liability principle and presumption of fault liability principle.Furthermore, 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 varying degrees. They should be based on specific provisions depending on different animals and different principles of attribution.In the third part, the constitutive requirements of liabilities for the damage caused by raised animals under Chinese Tort Liability Law are analyzed. The thesis first discusses the common constitutive requirements of liabilities for the damage caused by raised animals, and then there are still several special liabilities for the damage caused by raised animals that have different constructive requirements.The last part concerns the excusatio to liabilities for the damages caused by raised animals with regard to Chinese Tort Liability Law, including legal excusatio and non-legal excusatio.In the legal excusatio part, we focus on the fault of the victim, the force majeure. In the non-legal excusatio part, we focus on the assumption of risk,and concluded that different types of the liabilities for the damage caused by raised animals to adapt to the different circumstance under the assumption of risk system.
Keywords/Search Tags:the raised animals, Criterion of liability, constitutive requirements, assumption of risk
PDF Full Text Request
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