Research On The Subjects Of Animals Tort Liability

Animals tort liability is a kind of typical and ancient infringing type, it has been stipulated as early as in ancient Rome. Since modern times, Britain, France, Germany and some other countries have made provisions for animals tort liability, our country also has promulgated<The Tort liability Law of The People’s Republic of China> in 2009, it has an special chapter on the domestic animals tort liability, in the chapter, it creatively stipulated zoo animals tort liability, which suitable for doctrine of presumption, it is different from fault principle which other animal infringing type suit for. Determing the subjects of animals tort liability is the premise of a reasonable allocation of responsibility. Based on the research of scope of domestic animals, theory of subjects’responsibility, this article does further research about the subjects of animals tort liability, especially discuss the situation that the animals’keeper and manager are not same one. On the basis of"Control as the Center" theory, this article respectively does concrete analysis of the animals’keeper and manager under the relations of lease, custody, employment etc. For stray animals, this article analyzed the responsibility of feeding people and security obligor. To feeding people, if he didn’t do unreasonable intervention for animal behavior or didn’t expand the danger of animals, the law shouldn’t impose the feeding people too much duty of care. This article argues the current legislation of our law, it has some problems that the scope of dangerous animals is undefined; the designation about keeper and manager is unscientific; article 82 provision of<The Tort liability Law> about stray animals doesn’t have strong operability. To solve these problems, this article proposes that promulgate judicial interpretation to unify the scope of dangerous animals; explain the colloquial keeper and manager scientifically; Through perfecting animal registration management system and establishing the corresponding management fund to rescue tort victims of stray animals and through a fund for stray animal rescue, asylum can reduce the number of stray animals, from the source to reduce stray animals infringement problems.