The Research On Criminal Responsibility Of Limited Dog Injuries

In recent years,it occurred frequently that limited dogs such as Tibetan Mastiffs and Dogo-Argentino seriously threat other's safety and interests.In the five years between2012 and 2017,the number of limited dog injuries is an average of more than one million each year and it has seriously damaged the lawful rights and interests of victims.This has aroused great concern from all walks of life,and the media calls that limited dog injuries should be sentenced to separate legislation.However,there are fewer special studies on the issue of criminal responsibility for limited dog injuries in China's legal circles.According to the study in this article,at present the regulation that order this behavior is mostly in The Regulations on Dog Management.It clearly stipulates the species of limited dogs,and then divides the dog-raising areas into general management areas and strict management areas.It is allowed to keep limited dogs in the general management area and strict dog-keeping obligations must be fulfilled.However,limited dogs are prohibited from being kept in strict management areas.So we can know that dog owners that keep limited dogs in different areas are guilty of different responsibility because of their different subjective viciousness.Thus it is necessary to investigate different criminal responsibility for dog owners on the basis of the different dog-raising areas where the behaviors occur.This article firstly analyzes the constitutive elements of Negligence Causing Serious Injuries and Deaths,and then propose this criminal charge is only applicable to the situation that limited dogs cause serious injuries and deaths in general management areas.After analyzing the constitutive elements of Endangering Public Safety,this article points that this offence is usually applied to regulate the behaviors that endanger public safety in the general or strict management areas.So it is considered that if a person who knowingly and deliberately raises a limited dog in the strict management area causes serious injury or death,he will be convicted of Intentional Injury or Homicide.Therefore the relevant legal departments should strengthen the study of legal theory and judicial practice,in order to improve the present laws or discuss the need of putting limited dog injuries into separate legislation.Exploring ways to effectively regulate the limited dog illegal behaviors is the most important thing.