Study On Domesticated Animal’s Tort Liability

Tort Liability Law prescribed the animal’s tort liability in a specific paragraphchapter. But there are still many disputes existing in both theory and practice. Thispaper discusses the domesticated animal’s tort liability in four parts: general theoryof domesticated animal’s tort liability, common rule of domesticated animal’s tortliability, special rule of domesticated animal’s tort liability and the conclusion.Meanwhile this article summarizes the common standpoints in academic circle andalso proposes personal viewpoint in this issue.Section Ⅰ is about the fundamental theory of domesticated animal’s tortliability. At first, the author presents an overview of domesticated animal’s tortliability. Secondly, the author compares the liability of domesticated animal’s tort inother countries and regions in order to get referential experience. Then, the authorexpounds three principles of imputation in our country consisting of doctrine of faultliability, doctrine of no-fault liability, and doctrine of presumption. At last, the authorsummarizes several representative countries’ principles of imputation refer toanimal’s tort liability.Section Ⅱ is about the general rule of domesticated animal’s tort liability. Atfirst, the author introduces several countries’ rules about animal’s tort liability andspecially analyzed the German concept of Animal Conservation. Then, the authorintroduces the key components of domesticated animal’s tort liability including. Thekey components include animal’s tort “behavior”, damage consequence and the causal relationship between tort behavior and damage consequence. At last, theauthor introduces the plea instance of domesticated animal’s tort liability. Fault ofthe infringed, force majeure and promissory exemptions could be the plea instances.But there are still many doubts that fault of the infringed could be a plea instance,where the author said no.Section Ⅲ is about the special rule of animal’s tort liability. This paragraphconsists of four parts: tort liability of violating rules to domesticate animals, tortliability of dangerous animals prohibited being domesticated, zoo animal’s tortliability, tort liability of being abandoned and fleeing animals.The last section is the conclusion of the paper. The author points out thedeficiency of Tort Liability Law and made some constructive suggestions. Thoughthe Tort Liability Law got a tremendous progress compared with General Principlesof Civil Law, we should still make effort to complete it in the future.