Study On Tortfeasors Of Stray Animals

With the change of animal role in social life, the number of pets is increasing year by year. At the same time, the phenomenon of discarding raised animals is general, the phenomenon of raised animals escape and lost also occurs, the stray animal virulence events have risen dramatically, because the increasing of the stray animals. However, our "tort liability law" article82with caution, the deterrent and guiding role can not make the victim get effective relief, therefore, identifying the tortfeasors of stray animals becoming a priority. In this paper, in order to solve the problem, I will use the methods of analysis, comparison and so on, trying to identify the tortfeasors of stray animals, putting forward the beneficial help.Besides the preface and conclusion, the paper can be divided into four parts.The first part is the definition and current situation of infringing the stray animals. Firstly, I will identify the stray animals’scope, and the position of stray animals in real right law. Secondly, I will summarize the tort of stray animals, pointing out the serious harm caused by stray animals.The second part is the legislation of the stray animals tort liability. We confirmed the warning, deterrent and guiding role in our "tort liability law" article82. However, the provision is difficult to apply in practice, defining the tortfeasors of stray animals t has became an effective way to relieve the victims.The third part is the general tortfeasors of stray animals--keeper or manager. First I will discusses the legal basis of keeper or manager’s responsibility, namely the risk responsibility theory. Followed by analysis of the allocation of responsibilities in the feeding and management are the same or different main body problem. Finally, in real life, most of the victims cannot find the keeper or manager, in order to solve this problem, we should use the pet registration information system and promote the electronic chip technology.The fourth part is the other tortfeasors. Including third party, the new possessor, security obligation to protect people and natural subject--"the damage caused by the stray animals rescue fund". I conclude the rule for identifying the tortfeasors:firstly, identifying the stray animals is a keeper or manager, or the third party, the new possessor, if there is, the victims can claim the tort liability; secondly, if the victims can not find the original keeper, they can accord to the area of infringement occur, to determine whether there are security obligations, if there is, the victims can claim the liability; finally, in above the main responsibility does not exist, the victims can claim inadequate supervision of the authority, obtaining relief through the "harm caused by stray animals rescue fund".