Research On The Legal Problems Of Human Injury Caused By Stray Animals

In recent years,people's living standard has been improved with the development of society,more and more people choose to raise all kinds of pets as a life adjustment.At the same time,the phenomenon of pets abandoned,pets lost and escaped gradually increased,which led to the increasing number of stray animals in the society.Because of the lack of management,the occurrence of injuries to stray animals occurs frequently.More and more animal increase on people's lives and health and safety threats,so how to improve the management of animal related laws and regulations and how to remedy the damage caused by the stray animal problem has become a pressing matter of the moment.In the introduction,taking a real case of domestic animal injury caused by stray animals as the breakthrough point,this paper raises the discussion about the human injury caused by stray animals,and discusses it in four parts:The first part is a summary of the tort liability of the tramps causing human damage.This article first determines the scope of the wandering animals,and makes a distinction between the wild animals and the wild animals.Then according to the law of tort liability of our country,the principle of imputation for the damage caused by stray animals,that is,the principle of no fault liability,is determined.On this basis,discusses the tort liability for harm caused by stray animal which consists of four parts including:the existence of a causal relationship between the subject and the infringement liability law exists between the infringement and the victim the stray animal abuse,suffered a stray animal victim of the actual existence of the damage results,the implementation of the animal was the results of the damage.Finally,it discusses three kinds of exemption cases:1,the violation of the victims caused by the fault of the victims;2,the violation of Third People's faults,and 3,because of the force majeure,it makes the original liability subject exempt from liability.The second part,through the analysis of the sources of obligations,distinguish the three different types of stray animals responsible for human injury subject.The first is the responsibility of the main provisions of the law include:the original animal keeper or manager and caused third stray animal tort,is the first order of responsibility;the second category includes:responsible for the safety and security obligations and responsibility for public duties of the state administrative organs is second order responsibility;third is the love of animal feed were fed,from the perspective of legal theory,analysis of the feeding people cannot be identified as a new animal keeper or manager;combined with the introduction of case analysis,if the Fed people failed to fulfill its duty of care,causing damage to the victim is the result.Must bear the corresponding legal responsibility.In the third part,in view of the legal remedy for the damage caused by stray animals,three aspects of China's current problems are put forward:1.The scope of the subject of responsibility is small;2,it is difficult for the victim to obtain evidence;3,fewer ways to safeguard the rights of victims.The fourth part based on the problems above,are perfect stray animal damage caused by the relief system puts forward suggestions from four aspects:1,from the angle of legislation rich responsibility;2,from the perspective of legal system clear judicial remedy;3,from the administrative point of establishing animal registration system;4,from social assistance an angle compensation system.Especially,in addition to the compensation mechanism,the author puts forward two innovative and very practical schemes to set up the homeless animal relief foundation and to set up insurance companies that underwrite the infringement of stray animals.The ultimate purpose of this paper is:to perfect the laws and regulations on the harm caused by stray animal,for stray animal damage caused by the victims to provide relief ideas,alleviate the contradiction between man and animal,the animal protection concept of the people,promote the harmonious development of man and nature.