The Study On The Issues Of Animal Tort

Since the history of the humenbing, the animals have been very close to us. As the society becoming more prosperous, more and more animals are feeded as pets by us, and more and more animal tort cases are coming up as one of the most commen tort forms we’ve seen these years. As a classical tort form, annimal tort has a long history in the written law as eraly as the anciant Rome epoch. We can find regulations of this kind of tort action in the Code of Hmmmurabi, the Law of Twelve Tables. the Law about Animals of1971of the Britian, the Civil Code of France and Germany. So, the issues of animal tort have a very critical position in the eyes of the legislators at all times. The Tort Law of China has a special chapter for the animal tort. trying to classify the animal tort actions. But the structure of calssification is still imperfect and the definitions of tort action are ambiguous, so the ways of application of the law is sitill unclear. This paper trys to found a theory structure for the resonable application of the Tort Law to protect the justice in this kind of cases and promot the hamony of the socialty by elaborating the subeject of liability, doctrine of liability fixation and reasons Of counterplea in the animal tort actions.