Damage Caused By The Raising Animals Tort Liability Research On Problems In The Judicial Referee

"Tort liability law" promulgated in 2010, has been clear about the responsibility of raising animals injury, for protecting the rights of the patentee, has provided the legal safeguard compensate for the loss. Although the theoretical circle infringement has carried on the detailed studies in animals, but after all, the tort liability law about animals damage liability by the time is not long, still exist in the practice of law is not the place, we need to be perfected. We are stepping up efforts to protect the interests of the victims of the infringement by breeding animals, often neglected in cognizance administrator or raising animals, people and cause other rights subject rights are violated. Such as "tort liability law" the 82 th abandoned, escape during the animals being kind to take care of, but causes damage to others, before finding the keeper or manager can raise people equate to raise person in good faith or manager, it is worth our discussion. Still exist in the judicial practice problems of application of law as the general provisions of the tort liability law article 78 cannot be mixed with the special provisions of article 79 and article 80 of the applicable, its provisions to reduce ground or relief shall not be applicable to the article 79 and article 79 at the same time. "Tort liability law" the 78 th though will be the infringer intentional misconduct or gross negligence as a mitigated punishment or exemption for the force majeure, the contract liability defense is civil and other fields such as ground for relief is not written law, which makes animal feed or manager’s responsibility to a certain extent, increased. The zoo as a public service organization, its for fault-presuming liability law regulation, compared with other no- fault liability stipulated by the law, is a kind of responsibility to reduce obviously, this rather than take public service career should strengthen the identity of the public security is not consistent. Hope to these problems, this paper will make the tort liability act at the same time of safeguard the rights and interests of the infringer, protect the lawful rights o f the infringer.