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Study On The Imputation Of Damage Caused By Zoo Animals

Posted on:2019-07-07Degree:MasterType:Thesis
Country:ChinaCandidate:J W SunFull Text:PDF
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In July 23 rd 2016,there is a "man-eating" incident of the Manchurian tiger in Beijing Badaling Wildlife Park(hereinafter referred to as "7.23 Manchurian tiger wounding incident"),which caused a great stir in society.Although,the Tort liability Act of China has adopted separate legislation on the damage caused by zoo animals,However,there are still many controversies in the research of legal theory and the application of law.By exploring the historical changes of animal damage theory and its legal norms at home and abroad,this paper analyzes the problems in the legislation and judicial practice of animal tort liability in China.The article consists of four parts.From the perspective of comparative law,this paper expounds the legal basis and the difference of legal norms of the two legal systems(The Anglo-Amerian Legal System and Continental Legal System)in the ways of imputation of animal injury.It is found that because of the differences in social and economic development and ethical value orientation,the two legal systems are based on the theory of risk and the theory of reward.Different imputation principles such as no-fault liability or presumption of fault liability are applied to distinguish animal danger from utility.By exploring the legislative reason,purpose and process of the liability of animal harm in zoos in China,this paper puts forward the ethical basis and value choice of "humanism" legislation in the liability of animal harm in zoos in China.The legislation on the liability for human injury caused by raising animals and the legislation on the liability for damage caused by animals in zoos are considered in the legislative theory and the legislative logic.It is out of date to put forward legislation at the beginning of this paper as the logical basis of legislation to balance the autonomy of will with the public interest.The third chapter mainly analyzes the liability for breach of contract and the concurrence of tort liability in the liability for animal injury in China,and analyzes the specific application of the law in the concurrent liability.This paper discusses the confusion between strict liability in Anglo-American law system and no-fault liability in continental law system,combs the development and application of fault presumption imputation in China,analyzes the constitutive requirements of animal injury liability in zoos in China,and analyzes the fault of victims.Thirdparty fault and force majeure and other defenses are discussed.The fourth chapter reflects on the incident of wounding the Manchurian tiger on July 23.Aiming at the fuzziness of "management duty" in animal responsibility of zoos in China,this paper makes a detailed division of "management duty".In order to deal with the damage liability caused by zoo animals effectively,this paper puts forward the introduction of liability insurance system and analyzes the shortcomings of introducing insurance system.At the same time,it reconstructs the legal norms of animal injury liability in zoos in China.This paper puts forward the possibility of the transformation from the presumption of fault liability to the principle of no-fault liability and analyzes the advantages and disadvantages of the above problems.
Keywords/Search Tags:Presumption of fault liability, No-fault liability, Management duty, Liability concurrence
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