Study On Animals Tort Liability

In modern society, Animals have been changed from the tools for living orworking into the mate and assistant of people. In daily life, the number of damagecaused by animals is rising sharply. About these problems, General Principles of CivilLaw in China has provided about,but there are also some legal blanks. Tort LiabilityLaw that took effect on1July2010regulates inflictions caused by animals in onewhole chapter providing a good legal basis in practice. However, due to the inevitablegenerality of law, there are some controversial and unreasonable problems to besolved. This paper will study the laws in different countries and jurists’ perspectivesand look forward to giving some useful advices.In addition to the introduction and epilogue, this paper can be classified intothree parts.Chapter one, find the legislative trend in our country by study the law of animalscausing the damage. In the beginning of the paper, there is a introduction about thedoctrine of liability fixations which is the main issue in tort liability system causingthe discussion in the following.Chapter two is the main part of this article. First of all, I have summarized twofactors to define the raised animals, and there are some analysis and comparison ofseveral conceptions, such as wild animals and raised animals, animals in public zooand private zoo, and some special types of animals provided in our tort law. Secondly, I have discussed subject of responsibility and summarized that there are two factorsthat decided whether the people are the farmers and manager: one is that people canuse animals in their own interests; the other is that at the same time they have thepower to make decisions towards their animals. Analyzed how to decide which one isthe farmer or manager in some specific circumstances, including animals being sold,stole and lost. Thirdly, the constitutive requirements of liabilities for the damagecaused by raised animals under Chinese Tort Liability Law are discussed. It should beclassified into the damaging actions of raised animals, the damaging results, and thecausation between them. Lastly, the tort law is not only protect the victims’ rights butalso the Infringers’. Therefore I mainly discussed the mitigate and disclaimerreasons on the issues of animal inflictions. I think only people who have certain careerhave the rightto make agreement to avoid responsibility. Due to force majeure, it will not benecessarily become disclaimer reason of animal inflictions.Chapter three analyze the advantage of Tort Liability Law in our country andtake the full view of the text, make the summary and conclusion of the main content.