Tort Liability For Harm Caused By Stray Animal

Along with the increasing number of having pets,pets have been played an important role in our lives as our human beings emotional dependence. Animal are the link between nature and our human beings, which can make it in perfect harmony. We should show a great attitude of respect to animals, which means respecting life and even ourselves. However,our daily life is moving fast and may settle down anywhere in modern times. We have to abandon our emotion dependence---pets, which has led to a sharp rise of cases of harm caused by them. The order of public stability are great impacted by them,too. Art.82in the Tort Liability of the PRC stipulates where on abandoned or fleeing animal causes any harm to another person during the time period of its abandonment or fleeing, the original keeper or manager of the animal shall assume the tort liability, which has brought about some phenomenon that there are great differences of opinions about the person who assume the responsibility in judicial decisions, because of the term "keeper" or "raiser". Starting from a case of a stray cat hurting people, the author details analysis of the definition of stray animals, the tort liability for harm caused by them, the defects and perfection of the regulation on the tort liability for harm caused by them in our country’tort law.The dissertation consists of five parts, over15ooo words.Part One:the definition of stray animals and the tort liability caused by them.Part Two:the dissertation expounds the fixation principles, the constitution requisites.Part Three:the analysis of assuming tort liability for harm caused by stray animal, including the pattern of the tort liability the person who bear tort liability and the circumstances of relief responsibility.Part Four:probes into the defects and the perfection of the regulation on the tort liability for any harm caused by stray animal. Beginning with the legal provision,the author analyses its defects, then expounds responsibility how to perfect the regulation of the tort liability of stray animal hurting people in legal modification and judicial practice in the future.Part Five:comment on the judicial decision of the case cited in the dissertation, along with the conclusion of the author’s paper.