Research On The Problem Of The Responsibility Of Damages Caused By The Feeding Animals

In recent years, social attention about the damage caused by animals has grown higher and the legal responsibility caused by animal attacks has also aroused a series of discussion. Combining with the content of Chapter ten of the "Tort Liability Law",the paper is going to explore the legal liability involved by the damage which is caused by animal attacks. article is divided into five parts which are the character in law,the key elements that form the legal responsibility,the subject of liability and how to bear the responsibility.The paper is going to find the point of controversy and put forward their point of view.In the last part of the paper,some matters which are hard to defined are going to be discussed.Part1:Investigating the legal characteristics of this legal responsibility.The liability caused by feeding animal is a kind of Vicarious liability.The liability is caused by feeding animals. Bacteria, viruses and wild animals in nature reserve are not feeding animals.The main way to bear the responsibility is to pay for the damage.Part2:To discusses the structure and principle of imputation of this legal liability and analysis the key elements of common liability and some special duties. In the general case,the component are feeding animals occurring injuring behavior,there is a result of damage,and there is a causal link between tort and damage result.The harm behavior of the animal must be a spontaneous behavior which does not contain human’s will. The consequences of damage is also possibly caused by the animal’s behavior indirectly. The component of the liability caused by feeding animals in the zoo is different form the common liability. principle of liability of no-fault is the principle of liability of the common liability. The zoo has a public nature and using the special fault doctrine liability will not give it an opportunity to avoid responsibility. The liability caused by feeding animals which is banned to rear is not the strict no-fault liability.The liability caused by feeding animals which is not taken security measures on is the no-fault liability.Part3:This part focus on how to chose the subject of liability between the animal keeper and the management, confirming the subject of liability when a third party causes the damage and confirming the subject of liability in some special cases.In the common cases,the subject of liability is the keeper or the management,and the two subjects undertake joint liability.The subject are different when a third person posses the animal based on spontaneous agency and unjust enrichment.The temporary keeper will not to be the subject.Whe the animal return to nature, the original keeper or management is not the subject anymore.If the damage is caused by a third person,the keeper or management and the third person are all the subjects.Part4: Expounding the bearing of the responsibility.To analysis how to bear the responsibility form two two aspects which are the reason of mitigating responsibility and the scope of compensation.This part focus on plea instance of some special cases.The The consent of victim and the force majeure can make the compensation mitigated or exempted. The fault of victim and the force majeure can also be the plea instance of the liability cause by the animals in the zoo.If the victim lead to the damage deliberately,it will make the compensation mitigated.But if the victim has negligence,it will not to be the plea instance.The scope of compensation contains the direct losses,the Indirect losses and the abstract loss.Part5:To discuss some controversial issues in practice.When the worker of the zoo is hurt by the animals in the zoo,he also has right of petition to the zoo.If the damage is caused by an animal falling from a height,the law to be chosed must be based on the intent of the law. The local regulations can be used to define the scope of dangerous animals.The management stipulations of community is not the same as the law which bans rearing dangerous animals. Some legal person or organization which has special needs can feed specific dangerous animals.