Study On Raising Animals Tort Liability

In recent years, raising animal infringement happens frequently, which has become a focused social issue. The articles No.78 to No.82 of The Law of Tort Liability in our country state the liability system of raising animal infringements, but it’s not clear about the relationships among those articles. The main content of this article is the study of raising animal infringements, including five parts: the first part is the concept and characteristic of raising animal infringements, talking about the concept and risks of raising animals, and also the determination of the nature of raising animal infringement liabilities, which belongs to a kind of liability of danger. The second part is the discussion of the subjects of raising animal infringement liabilities, including the owner of the animals and the third part, that is, the fault of the victim. The third part is the study on classification of raising animal infringement liabilities, analyzing and comparing the forms of raising animal infringements, and studying the inner reason in order to offer reference to different types of raising animal infringements. In fact, the study on classification of raising animal infringement liabilities in our country is still on the ‘in accordance with the article list’ and ‘proper accountability’ stage. The study and attempt of classification of raising animal infringement liabilities have not been done yet. This part also constructs a classification system of raising animal infringements, which classifies these infringements into zoo raising animal infringement, common raising animal infringement and dangerous raising animal infringement based on the degree of risks, expanding from small to large. The fourth part states the respective constitutive requirement, doctrine of liability fixation, and exemptions of different types of raising animal infringements, analyzing the three types based on comparison. The last part is the suggestions to improve the law of raising animal infringements, including clearing the responsibilities and improving the exemptions of liabilities.