Comparative Study On The Liability For Domestic Animals

Historically animals were a staple of both rural and urban life. Domestic or wild, Animals always play a great part in human society at both ancient times and modern times. The infringement of animals have been existed since early ages, which is worthy of attention as more and more families are keeping animals. It is important to study on the liability for animals and the remedy for innocents. In order to know better of the theory of liability for animals, we must define the meaning of domestic animals and the elements of the liability first, and delve deep into the profound connotation behind it. Each country makes its own rules to regulate the liability for animals, depending on different historical backgrounds, social customs and legal traditions. Considering that few studies focus on the animals’liability for personal injuries, and it is very important for the perfection of tort law, this essay will interpret the animals’ liability for personal injuries in a different way, which could be fundamental for a further exploration on this issue.A comparison of animals’liability for personal injuries between China and America would be made, according to which this essay would discuss the origin and evolvement of American rule, and how such a huge difference between the two countries generates.The first chapter would briefly define the liability for animals which caused personal injuries. First of all, the definition and scope of domestic animals, the legal foundation and characteristics of liability for animals, the interests need to be balanced would be given. Then comes the development of the chapter related to liability for animals in the Tort Law of the People’s Republic of China. The principle of liability fixation, the person responsible for the injury result and defenses would be discussed in this part. And the first part would be ended by the exploration of balancing of interests in this liability.The second chapter of this essay would study on the American rule of regulating the harm caused by animals. The common law in America adopts a peculiar amalgam of negligence and strict liability principles. Though the rule of "dangerous propensities" dominates the legal field of liability for animals, statutes have been made to impose strict liability towards dog’s owner in most states.The third chapter of this essay is going to find out the underlying reasons for the difference between China and America on the issue of liability for animals. For a better understanding of China’s choice, this part will look into the cultural background, social environment and the values of China, and try to get to the reasonableness of strict liability. At the end of this part, the author makes prediction of the possibility of strict liability’s broadening.The last chapter is focused on the reflection and perfection of the liability for animals in China. On the basis of the analysis above, efforts are made to induce the dilemma in legal practice. And final opinions and advices would be given based on the experience of America.