Study On The Damage Caused By Raised Animals

Tort Liability Law of our country regulates damage caused by animals inone whole chapter,This reflects the importance of the problem to a certainextent.Owning to the tort liability law implemented for a short time, There arestill a lot of uncertainty in the application of the law,at the same time, itstheory study is not very mature.Therefore,This paper will analyze thesecontroversial issues,especially for definition and scope of animals,liabilitybody,doctrine of liability fixations,and causes eased and exempted.And onthis basis, reflect and explore the relevant provisions of our Tort Liabilitylaw.The paper is divided into six parts:Chapter one defined the legal characteristics of damages caused byraised animals.It is the prerequisite of other investigations about animal tortliabilities,and at the same time,it is the most essential characteristic betweenanimals torts and other types of torts. Chapter two analyses the constitutive requirements of liabilities for thedamage caused by raised animals,mainly includes three parts:the fact of raisedanimal virulence,the damage caused by raised animals,the causality betweenthe virulence and the damage.Chapter three is about liability body. First of all,the paper discusses thebasis of responsibility theory.from comparison of other countries,I havesummarized two factors to define the scope of raised animals,one is that theanimals should be for specific people who keep or manage; the other is thatspecific people have the right to control them.Chapter four compares animal virulence doctrine of liability fixations ofthe continental law system and common law system, and analyzes itsevolution in our country.According to the latest Tort Liability law,our countryimplements no-fault liability principle and there are different levels underno-fault liability.Chapter five discusses the exemptions of animal tort liability.fromcomparison of the relevant provisions of other countries,and analysis ofanimal types provided in Tort Liability law:common animal,dangerous animals that prohibited to keep,zoo animals,this part discussed specificdefenses applicable rules respectively.Chapter six Combines the above discussion about animal tortliability,and in the center of tort liability law79—82,this chapter analyzes thecontroversial issues that exist in these provisions in detail.