Animal Tort Liability To Pay Compensation

Animal feeding history can be traced back to tens of thousands of years ago, in the human history, animals for the progress of human society and made great contributions to the development of economy. But animals tort also accompanied by a large number of breeding and animal use and growing, it is causes of legislators and justice to care about infringement to animals.After the founding of new China, China’s direct transplantation of the Soviet union law, nature also apply directly to the Soviet union on animal tort law. Direct copying foreign existing laws, of course, will produce refuses to accept the consequences of soil and water conservation, after the reform and opening up, China’s lawmakers began to set in accordance with the laws and regulations of China’s national conditions. In 1986 by "general principles of the civil law" is the Chinese lawmakers compiled by the individual results, but the law only in animals as prescribed in article one hundred and twenty-seven of the tort liability, very general, in practice, the judicial personnel to the understanding of which is divided, a different verdict.After the reform and opening-up policy, China’s rapid economic development, people’s living standards continue to improve. Animal feed or manager animals have not limited to life purpose or production needs, most people raise animals as pets in the city to meet their spiritual needs. People bred animals by common before the dogs, cats, poultry, livestock and other extension for the large dogs, birds of prey, large wild mammals and large wild reptile. Different kinds of animals are different risks, degree of damage to the victims also have very big difference. At the same time, many people in animal feed, or manager abandoned animals bred animals escape, resulting in a large number of stray animals around the human life. These stray animals often resulting in personal injury and property damage of human, is one of the social unstable factors. Faced with new problems in the social life of the new situation, the original "general principles of the civil law" simple rules for animal tort liability has been unable to solve the problem. Due to the rapid increase of number of animals animal number of infringement cases increases rapidly, the judicial workers in the process of handling cases summed up the abundant working experience. On July 1, 2010 began to implement the tort liability act, the law is in reference to the continental law system and Anglo-American law system of tort liability law, on the basis of our country’s judicial experience, conforms to the situation of our country’s law, formulated by also created a named for tort statute law. Which set up the tenth chapter for raising animals damage liability, the text of a total of seven different degree of damage liability and comprehensively on the covers of the current situation of breeding animals of tort in China. Animal tort liability in our country was perfected in the legislation to make the judiciary in dealing with cases reduce differences, and to ensure that the results of case processing of unity and justice.In chapter ten law, scholars have different understanding. In this paper, through the study of animal tort liability to pay compensation, the relevant legal provisions, in reference to the scholars point of view, on the basis of put forward some ideas of the author.In this paper, besides introduction and conclusion, is divided into four parts.The first part describes the development of Chinese animal tort liability to pay compensation. Introduced since the founding of the animal tort liability legislation evolution and the change of the imputation principle, showing China’s relevant legislative achievements, focus on tort liability law of our country specific rules for animal tort liability, introduce tort legislation background and animals of different types of imputation principle.The second part is about the animals of tort liability is introduced. First tort liability type to make a brief summary of several kinds of animals. Second to raise animals a detailed analysis of the components of the tort liability for defining the animals, to the harmful to the animals on the basis of the general cognition of people outbreak of the nature of the infringement, and to explore actual produce animal feed in animal tort and managers who should bear the responsibility. Finally responsible for animal feed or administrator of an exception is expounded, including the third party fault caused animal the tort causes damage to others keeper or manager is not really joint and several liability and the third person, the ultimate responsibility for implementation by the infringer fault cause animals the tort damage caused by the infringer himself, animal feed or exempt from liability or relieve the problem of managers.The third part is the study of the tort liability of stray animals. Because the management of the animals in our country not to build a strong administrative rules and regulations, administrative management there is a big loophole, animal feed and the administrator of abandoned animals abound, and a growing number of stray animals bring to people’s life. Discusses stray animals tort liability, the main responsibility of the to protect the patentee has positive significance. For wild animals are raised after losing keeper or manager whether it is a common wild animals or stray animals, this article also gives analysis, and the widespread attention of stray animals feed the people in the case of stray animals tort issue of whether or not to bear the responsibility. For scholars called for the establishment of stray animals tort compensation fund, etc by means of state responsibility to protect the interests of the patentee, the author disagrees with and make correlation analysis.The fourth part is the study of wild animals cause person damage liability. The tort liability law provision of wild animals cause person damage compensation, but in the real life of wild animals cause person damage happens,, the main responsibility for causing the damage if there are discussed in this part, the writer and the wild animals cause person damage to define the legal nature of.