Study On The Infringement Liability Caused By Rearing Animals

The responsibility for infringement caused by animal husbandry(except in special circumstances,hereinafter referred to as animal)is a social hot topic.The Badaling tiger bite event on July 23,2016,the Tiger bite event at Ningbo Youngor Zoo on January 29,2017,and the occurrence of a dog bite incident on July 5,2017 in Lianyungang attracted attention of the society.The system also attracted hot discussion.After understanding and analyzing the case,the author elaborates on the key theories of animal injury liability in light of the current legal system and domestic and foreign research,and then analyzes the specific problems existing in the existing laws and systems and proposes corresponding solutions and improvements.Focusing on this hot issue,the author discusses through five parts.The first part is the division of animals.First,the division of animals in typical foreign countries is introduced.Next,the division of animals in China is introduced.Animals reared by general subjects and animals reared by special subjects are introduced.The second part elaborates on the subject of liability for animal harm.There are two kinds of situations: The first is the subject responsible for the damage caused by the animal during its husbandry and management,including the breeder or manager(except for special circumstances,hereinafter referred to as the rearing or management subject)and the third party at fault;It is the subject of liability for damage caused by abandoned and escaped animals(except for special circumstances,hereinafter referred to as stray animals),which is divided into responsible subjects that cause harm during vagrancy and responsible subjects who are harmed after being re-resided.The third part analyzes the issue of liability.By describing the typical countries abroad and our country's provisions on liability and exemption,we will lay a theoretical foundation for the analysis of existing problems in our current system and the corresponding solutions.The fourth part discusses the problems existing in China's animal injury liability system.Including five aspects: the division of breeding animals is not clear,the principle of imputation is lack of fairness,rationality,and flexibility.The reasons for the exemption arenot perfect and clear;there is a lack of uniform regulations for the animals subject to general subjects,and the lack of liability protection mechanisms for zoo animals and stray animals..The fifth part proposes perfect measures for the current system.First of all,we innovate China's Tort Liability Act and classify animal species based on animal risk(which can be called abstract risk)and divide them into dangerous animals and non-hazardous animals.The basis for the application of the liability principle and whether or not to apply the relevant exemption cause;secondly,it puts forward sound suggestions for the supporting system of the current law,including the legal binding of guiding cases,the promulgation of uniform regulations for general animals,and the establishment of safeguard mechanisms.