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Study Of Raising Animals’ Tort Liability

Posted on:2015-05-16Degree:MasterType:Thesis
Country:ChinaCandidate:M YangFull Text:PDF
GTID:2296330467973518Subject:Law
Abstract/Summary:PDF Full Text Request
Infringement of animals has been a problem for a long time, but with the developmentof the society and enduring, the tort liability law enacted in2010in the form of discussedwith responsibility for damage caused by the animal is regulated. Although the law reflectsthe great progress, but can be seen in the numerous cases in the judicial practice, there arestill many problems in this field needs further theoretical interpretation and solve, mainlyincluding raising the cognizance of the subject, the composition of the application of theimputation principles, responsibility, etc. As a grassroots judicial staff, the author of thisarticle mainly base some typical animal infringement cases both at home and abroad,through the brief analysis of the case to extract which contains the theoretical principles.This paper mainly includes four parts:The first chapter "definition of animals”. This chapter mainly involves two problems.One is the definition of "animals", the second is based on different criteria for theclassification of animals. Comprehensive analysis of the definition of rules on the tortliability of animals as well as the theory in our country, the tort liability law of animalsdifferent from the concept of animal in biological science, and responsibility for damagecaused by the remove microorganisms for the animals. In accordance with the risk ofclassification, purpose and responsibility main body to raise animals, clear principles ofimputation of liability for damage caused by the different kinds of animals and responsiblein the difference of error identified.The second chapter "definition of breeding and the manager", in view of the damagecaused by the raising animals subject concept in expression and specific definition ofcommon disputes, by using the method of comparative law, the generalization of thetheory in China and compared with the related obligations in tort liability subject, furtherclear how to define the rearing in the applicable law and the manager.The third chapter "animals imputation principle and the liability of the damage causedby the reason", this chapter is divided into three parts, including raising animals imputationprinciple, the liability of the damage caused by the reason, responsibility form. Againstinfringement of several different types of damage caused by the raising animals under the ground in the imputation principle and relief the difference is discussed.The fourth chapter "the responsibility of the damage caused by the raising animals".To constitute the basic elements of general tort liability as the framework, combined withthe particularity of the damage caused by the raising animals to specific analysis, at thesame time, the animals in judicial practice by collecting and sorting of responsibility withother damage caused by the tort liability concurrence cases, further clarify the animalsliability for damage caused by the applicable in the trial.
Keywords/Search Tags:raising animals, tort liability, the principle of imputation
PDF Full Text Request
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