On Tort Liability For Damage Caused By Stray Animals

In recent years,animals have been abandoned phenomenon frequent,stray animals surge,due to stray animals caused by the case of damage continue to occur.A special case of wrecking as a result of the killing of animals is the key to the victim's relief.According to the provisions of Article 82 of the "Tort Liability Law",the original breeder or the manager is responsible for the damage caused by the abandonment and escape of the stray animal,but in the judicial practice,the original breeder or the manager of the animal is often hard to find,Which led to the court's decision on the infringing cases of stray animals varied,the victim's rights are also less legal relief,the reason is that the law for the classification of wandering animals,the main body of the infringement and the scope of compensation and other provisions of the more vague,or even lack of relevant Regulations.In view of this,we need to protect the rights and interests of the victims as the starting point,learn from foreign relatively mature stray animal management system,around the center of tort liability to carry out a clear definition of the legal status of animals,clear the meaning of stray animals,,The scope of compensation and the scope of compensation for the legislative and judicial practice of the problems,from the legislative system and the legislative content of two aspects of the proposed recommendations to better protect the rights and interests of the victims.