Tort Liability For Harm Caused By Stray Animal

Animals play an important role in human’s life, since the ancient times. However,animals hurt malignant events happened very often in recent years, especially the stary animalabuses. The victims usually tend towards two extremes: either from recognize unlucky orabuse of litigation, puting the one who has a little contact to the case back on the defensive.But as the result of the rules of infringement of stray animals in tort liability law is too general,and has the poorer applicabicability, the judge have difficulty in how to apply law to lookingfor the tort liability subject after filing of the case. Due to the judge in different district or indifferent levels using different applicable law, so the similar case has the different verdict arefrequently occurred phenomena. It led to the decrease of the judicial decisions credibility, andit is hard to convince for paties. The case of the damadge caused by stray animals tend to becontroversial in practice. What worse, after sentencing the case is closed but the controversyis not end.An stray cat wounding case, which occured in a district in Beijing, in June2012, makingpeople pay high attention to the problems of stray animal’s tort liability. And push theresearch in related system to the forefront of academic. The case has experienced thecomplete civil procedure,and it involved and reflected many legal issues in infringement ofstray animals. As it were, this case is the most clearly case of interpretation in the field ofanimal infringement, since the tort liability law enacted. This article select the stray catwounding case as the research object, to make a comprehensive look at this case, includingthe case details, claims, court verdict reasons and result, as well as the social disputes causedby case. To thoroughly discuss whether who should pay for stray animals, which is a worthinglegal problems.This article mainly used the "case study method" The third chapter about controversialfocus analysis used "value analysis method" to analy the impact on public order and morals,which generated by court ruling. The fourth chapter of the thesis about two trial decision’evaluation used "logical analysis method" to analysis and evaluate the judicial logic. And thenfurtherly reflected the problem of stray animals tort liability system in our country. The fifthchapter about legal issues case thinking used "legal comparison method" and “documentary method” to comparative the chinese and foreign infringement of stray animals legal system, todraw the experience can be used for reference.I find the scope of stray animal’s found in "Tort Liability Act" is so narrow that it’s notconducive to legal practice, when study the issue of tort liability for stray animals causedamage. In order to study and address the needs, this paper re-defines the concept and theactual scope of the stray animals, which considered that stray animals are not limited toabandoned animals and escaped animals, it should also include the lost animals and thesethree animals bred offspring. Based on the analysis on the focus of controversy in "stray catwounding case" the paper explored the issue of stray animals applicable law infringement andconcluded as follows: if the animal is abandoned or escaped animals we should apply "TortLiability Act" Article82; if the animal is other types of stray animals, we should apply thedoctrine of four elements constituting the tort liability; if the infringement for hotels, shoppingmalls and other public places, and public places may not do to security obligations, then wecan apply the "Tort Liability Act" paragraph1of Article37. Additional, this paper advocatesthe establishment of "stray animal virulence social assistance fund" to relief the victims ofstray animals infringement better.The process of case analysis is also a systematic comb of the animal infringement part oftort liability law. As a result, the article come to the conclusion of the applicable law and theobligation of infringement of stray animals. I wish the perfect proposal suggested in this papercould throw away a brick in order to get agem for perfecting the legislation in the relevantchapter of tort liability in our country.