Study On Animal's Tort Liability

Due to the short time of establishment of the tort law system and the imperfection of the provisions of many problems,the system of tort liability of the special tort liability also has defects.This paper analyzes the theoretical system and specific rules of the tort liability of animals to further understand the legislative idea and legislative purpose of Tort Liability Law and put forward the problems in the process of application of law and some specific suggestions on the legislation of animal tort in China,which lays the foundation for perfecting the liability system of animal tort,so as to finally maintain the balance of the interests of the two parties in tort liability.This article discusses the tort liability of animals mainly in the following four aspects:The first part analyzes the peculiarity of animal tort liability from three aspects: the definition of animal,the nature of liability and the principle of imputation.It is the peculiarity of tort liability,which makes it become a special tort liability.The second part of the Tort Liability Law of the four specific provisions on the interpretation of animal,including illegal feeding of the provisions of animals,prohibited animals,zoos regulations,as well as abandoned animals,escape animals And proposed the abandonment,escape the provisions of animals and other provisions of the three is not the same in nature point of view.The third part discusses the problems in the practice of animal tort liability.Since the Tort Liability Law has been applied,some problems have arisen in the course of its use.There are disputes on the subject of liability and exemption reasons,and there are provisions that can not be applied to judicial practice.The fourth part puts forward some suggestions on how to perfect the animal tort liability system in our country.First of all,it is suggested to perfect the animal tort liability in the civil code,and put forward the concrete design suggestion of the tort liability system.Secondly,in order to solve the problem of the relief of the infringing cases of the stray animals,the author put forward the suggestion of the supporting system to solve this problem.