Researchers On Liability For The Damage Caused By Domestic Animals

The liability for damage caused by domestic animals is a spcial type of tort withstrong applicability. In this realm of juridical practice there are a lot of issues. Thispaper reviews foreign legislation and cases,analyses the7articles in Chapter10ofTort Law of the People’s Republic of China by text,applies empirical resources andgeneral theory of tort on the basis of the present, increased and diversified cases toresolve this practical issue.This paper contains7parts,6chapters and more than30,000words. Beginningwith an introduction, this paper illustrates the necessity of the research as well as theway.The main structure of this paper is from the part2to part7, i.e from the firstchapter to the sixth chapter.The first chapter is the theoretical overview of the liability for damage caused bydomestic animals. The paper shows the definition and features of liability fordamage caused by domestic animals. It is an ancient legal principle for the keeper tobe liable for the damages caused by the animals. However, the modern countriesintroduce different rules about the definition of animals, the classification of animalsand the imputation principle. The rules for damages caused by domestic animals inChina is of great variety and complexity. The second chapter discussed the imputation principle of liability for damagecaused by domestic animals. The connotation in strict liability, dangerous liabilityand no-fault liability are consistent. The theory of dangerous liability, the victims’structural weaknesses and the consideration of economics of law are the theoreticalfoundation. The imputation principle in the world tended to become strict, so as inChina. Whereas our nation created the unique imputation principle.The third chapter is the constitutive requirements of liability for damage causedby domestic animals. The constitutive requirements should consist of the fact ofdamage, causation and the special provisions under Chapter10in Tort Law. Thedamaging results discussed the circumstance when one’s animal was damaged byothers’ animal and moral damage. For the causation, this paper give its conclusionabout a person is frightened by an animal with no direct touch and egg-skull cases.The paper analyses special provisions at last.The fourth chapter is the subject of liability for damage caused by domesticanimals. The concept of raisers and managers is applied in the same way as“keepers”. The judgement standard should accept2criteria: a person for his owninterests to use an animal and he can actually control the animal. When the damagecaused by stray animals, the court should not make the feeding man legallyaccountable.When the managers cannot afford the compensation, the raiser couldpay for that only when the two have a special relationship.The fifth chapter is the defence of liability for damage caused by domesticanimals. We should distinguish the circumstances to determine the application of thefault of victim.The force majeure could be used as a defense. The consent and agreedimmunity of liability may be considered in the circumstance of whether the victimintentionally or with gross negligence.The sixth chapter is the appraisal and the prospect of the provisions of liabilityfor damage caused by domestic animals. At the legislative level,our rules is very fulland detailed, but we need to specify the Article84.We should also develop thesupporting system. With regard to judicature, there are tendencies of being not dareto use and not good at using the Chapter10in Tort Law. We should suit the remedy to the case by trial class system and theoretical research in the view of the presentpractice.