The Legislative Studies Of Stray Animals Cause Person Damage

In recent years, with the promotion of people’s living standard, the quality of life have higher requirements, raises its number of animals. Growth is an animal with one of the phenomenon of damage caused by the increasing, according to reports in recent years all over the world, and appear a lot of stray animals attack humans. In these cases, the attackers are affected by personal injury, need to take on the economic thousands of yuan of medical expenses; Severe cases, the attack was an infringer even lost their lives. Damage caused by the stray animals are often unable to claim, at that time the problem of stray animals cause person damage has caused the attention of public opinion, be referred to the rule of law agenda. Stray animals hurt, are often difficult to determine the responsibility main body, compensation is also difficult to implement. For stray animals cause person damage in the absence of legal phenomenon, this paper analyzes the domestic and international law in the aspect of legislation and law enforcement, specific analysis of the lack of law enforcement in our country, summarizes the practice and experience for reference, in view of the shortcomings of the infringement behavior in the future are put forward solutions, and the applicable law of stray animals cause person damage provides some reference opinions.In this paper, the first part elaborates the regulation of stray animals infringement reality urgency. Phenomenon against infringement of stray animals and summary, analysis of stray animals attack humans and prevent the phenomenon of management, and analyzed the recessive harm of stray animals, preliminary summary behind serious stray animals cause person damage phenomenon is the absence of law, the seriousness of the infringement stray animals, highlights the issue of governance reality urgency.The second part in light of the shortcomings of the domestic legislation and legal application are analyzed and summarized. First of all, summarizes the components of the infringement of stray animals cause person damage. Second, around an extension of the corresponding constitutive requirements, analysis of the liability subject, imputation principle, exemption and liability form. Again, specific analysis the deficiency of law enforcement in our country, including the concept of stray animals, tort subject not clear, the main body to carry out the difficult and responsibility to carry out the protection mechanism and stray animals.The third part through the comparison analysis method, corresponding, imputation principle, the main responsibility on the part of liability, constitutive requirements and responsibility in the form of structure, compared the stray animals regulation law legislation abroad, analyzing the pros and cons of domestic legislation, in order to compare the means more profound understanding of the status quo of legislation on infringement of stray animals in China.Last part in view of the above deficiencies, and combined the good experience of foreign legislation, puts forward the corresponding perfecting suggestion. Including from the legislation and theory of defining the concept, main body, improve the main body responsibility, to practice in the form of society and the government intervention to protect the stray animals, such as multi-pronged, theory combined with the actual infringement of stray animals in order to close to the solution of the problem.