The Study Of Contributory Negligence On Liabilities For The Damage Caused By Domesticated Animal

"The tort liability law of the People’s Republic of China" about the chapter of exemption of liability for damage caused by the raising animals is only be explicitly stipulated in article78of this chapter, is not in the other provision of this chapter. This triggered a heated debate of the academia, the judiciary. In addition, in the judicial practice,the responsibility for damage caused by the raising animals ground chapter relief in applicable laws, and a case of the application of no rules to follow. Based on the feeding damage caused by animals in responsibility of the legislative background, theoretical analysis and analysis of the three dimensions of judicial practice, this paper discusses the faults on the victim and in animals caused by application of responsibility.Firstly, this paper asks questions, and feeding damage caused by animals in duty chapter does not provide exemption clauses can be applied directly or by analogy apply article78th exemptions provided for, and how to apply?In this paper, the second part of the responsibility for damage caused by the animals of the legislative background investigation.In this paper, the third part of the responsibility for damage caused by the animals of theory and judicial practice condition were analyzed.In this paper, the fourth part in view of the analysis of the above two parts, put forward the possible explanation.Last part, it is summed up personal opinions and core reasons.