Damage Caused By The Theory Of Animal Related Responsibility

Civil law special tort includes many contents, against only one of them, which caused by animal, "tort liability act" to make the division of responsibilities. But because of the implementation of the law, for animal virulence of some terms in the application, the theory and practice there are still some differences. Such as: zoo animal to apply the principle of no fault presumption is reasonable, abandoned, escape the animal to cause damage to the responsibility, the force majeure if applicable to all type of animal, wild animal to cause damage if included in the scope of civil compensation etc.. Thus, this paper aimed at the problem of animal category, undertake the compensation obligation subject, principle of imputation, reduce and exemptions some controversial, has carried on the system investigation and study.The first chapter of this paper discusses the "animal virulence factor of liability", analyzes the animal "tort, damage fact, causality", divide the allocation of the burden of proof. The second chapter discusses" extraterritorial countries animal induced the main responsibility to determine the" harm, focuses on the law, Germany, Japan, Britain, America home virulence acknowledgment mode is in animal body. The third chapter discusses "points" pest problems caused by domain animal, established a "fault liability" and "the third person involved in the responsibility, strengthening the keeper or manager of the tube bundle obligation. The fourth chapter discusses the "distribution" harm the burden of proof by an animal, the division of burden of proof and its inversion, the victim and the fault of the third party, to determine the feeding or administrator reduce exemptions. The fifth chapter discusses” the damages caused by several kinds of animal common situation”, namely the general animal cause damage, "not as" the draft animal to cause harm, "ban on feeding" the animal to cause damage, "captive” animal damage to people and "abandoned, escape" the animal to cause damage, and discussed by some small case. The sixth chapter discusses the "difficulties" animal virulence identified, determine the "extension of compensation duty main body," abandoned or escaping the responsibility"," animal pathogen spread responsibility "and" Instigation "animal responsibility. The seventh chapter discusses the thinking of development of "harm imputation by an animal and perfecting legislation,” pointed out that the virulence of the animal’s critical point, "victim" and” third" fault understanding, "fault liability" and "presumption of fault liability principle" and the "abandoned, escape" animal subject of compensation confirmation and related exemptions and other issues.In a word, only this step by step, continuous practice discovers continuously, continue to solve the problem, in order to make the process of legalization of more development and progress.