On The Damage Caused By The Damage Caused By Animals And Objects Selection

With the rapid development of society, the city changes a process to be acceleratedincreasingly, the city population is concentrated, the achievements of the high-rise buildingstructure, causing a damage caused by an object events also emerge in an endless stream.Similarly, as people living standard rise, in recent years, pets are increasing because of thedamage caused by the animal, and the civil dispute appears ceaselessly, the two together,causes the people to this kind of special tort event attention. Although our country" thegeneral principles of civil law" in two with provisions, apply since July1,2010" tort liabilitylaw" was also added, but are still too simple, specific to the case, the application is stillcontroversial. In fact, the simple object damage is not a problem, the key is in some caseslooks not object damage, but the thorough analysis, the nature of the case fully consistent withthe object of damage caused by the constitution. As this article discusses Tibetan mastiffZhuilou wounding, seemingly ordinary animal injury problems, but does not satisfy theliability for damage inflicted by an animal. Court in this case is based on animal injurytreatment, but some scholars believe that the object of damage caused by qualitative morereasonable, I prefer the latter. The main task of this paper by the method of comparative study,taking the case as the breakthrough point, analyzes the concerned legal application of choice.In this paper, besides the preface and conclusion, is divided into the following five parts:the first part: the problem put forward, to the Tibetan mastiff assault case for the introduction,analysis in real life because of damage inflicted by an animal and object damage caused bylegal issues, and in such cases the academia have different opinions, which summed up thecase the two main issue; part second: liability for damage inflicted by an animal and objectdamage liability system origin and standard meaning comparison. Two rules to protectdifferent emphases, animal damage is more focused on victims’ rights, easy to overlook thepeople freedom of action. The third part: a comparative study of liability for damage inflictedby an animal and object damage liability legal structure, mainly from the two imputationprinciple, the burden of proof, the exemption causes analysis. The application of the principleof liability without fault, the latter applies the principle of presumption of fault; therefore, theburden of proof, in animal damage, the infringer to the damage of any fault in the don’t ask,object damage, the infringer fault first by the presumption of law, but if the infringer can prove himself to the damage there is no fault, it may be exempted from liability; applicable todifferent regulations, law clearly stipulates the corresponding exemptions, object of damagecaused by the infringement of the exemption excuses of damage occurred no fault, the contentin the liability for damage inflicted by an animal and not the exemptions; part fourth: object toon responsibility and liability for damage inflicted by an animal ’s application. The three pointis different, can know the applicable objects, caused by a more fair and reasonable protectionof the rights and interests of both parties, object damage applies the principle of presumptionof fault, can give the full protection of victims’ rights, infringement person need to provethemselves to the damage of no fault, on the other hand, the infringer may have their ownopportunity to defend, so as to reduce its responsibilities. The fifth part: Tibetan mastiffwounding law review. Through the comparative study, combined with the cases of the caseanalysis object damage liability for the case analysis of rationality, animal damage liabilitydoes not apply to this case the reason, then achieves the con confirm, applicable objectdamage can reasonable, proper protection of the rights and interests of both parties, so that theinfringer and the offender between the interests of balance. The emphasis of this paper is,according to the liability for damage inflicted by an animal and object damage liability legalproblem analysis, put forward specific and feasible problem-solving perspective. Thedifficulty is, how to correctly understanding in the practice of law suitable problem, a bettergrasp of the falling animal wounding of liability for damage inflicted by an animal and objectdamage liability distinction and choice.