Study On Liability For Animal Damage

As one of the types of responsibility for damage caused by things among themodern tort law, the liability for animal damage is indispensable whether in theory orin judicial practice of civil law. With the development of society, the continuousimprovement of living standards, especially the rapid development of urbanization,the animal is no longer security guards guarding the house in rural society,it hasbecome one of the indispensable family members in many city. Not only can satisfythe people’s material supply, raising animals also can give the human companionshipand solace which meets people’s spiritual needs. Undeniable, animal brought themoral and material interests of irreplaceable to human life, but raising animals is stilllike a double-edged, it’s difficult to avoid the frequently animal damage phenomenonamong the social life because of the dangerous characteristic animal itself. With thestronger control ability of nature, more kinds of animals to be raised, the resultingsocial problems have become more obvious. Although each big city has introducedmany local files in order to regulate the raising animal behavior, but messages thatpersonal and property damage caused by animals still can be heard without end.Animal damage event is increasing day by day, means that the citizens’ personal andproperty rights need to be more comprehensive, in-depth legal protection."GeneralPrinciples of Civil Law" is the first legislation preliminary on such infringement, withthat clear legal provisions the victim can get relief in animal tort. But limited to thesocial conditions and the legislative environment laws and regulations,"General Principles of The Civil Law" in the field is quite simple. In twenty-first Century,"TortLiability Law" has undoubtedly provides more correct and standard guide for the tort,the innovation in the progress of the virulence of the animal is our legal history of thedevelopment of a thick and heavy in colors. As China’s innovation in the tortlegislation praised at the same time, we also soberly realized, applicable lawprovisions from the beginning is not simple. According to the laws and regulationsconcise to judicial practice perplexing crack in the realistic society, which needs us tolegal provisions have a comprehensive, in-depth understanding of. This understandingmust be based on the study and thinking practice based on theory, including theprovision of wording and anatomy and definition of sentence and the interpretation ofcontroversial issues and decision.In addition to the introduction and conclusion altogether three parts.The first part reviews the history, legal liability for the damage caused by thecomparison of different animal, legislation, reference with ideas, and thus leads to adoctrine of liability fixation to our animal exposition.The second part, summarized the classification of the liability for the damagecaused by China’s animal from the imputation principle angle, and expounds thespecific requirements of different imputation principle components. Among them,there are some controversial or vague but in practice, its influence will beemphasized.The third part, the main research associated with reduced or exempted fromliability for such responsibility.