The Main Body Of The Infringement Liability Caused By Raising Animals

The main body of tort liability for damage caused by raising animals stipulated in Article78 of the Tort Liability Law of our country is "breeder or administrator",but there is no clear concept of "breeder or administrator",so that judgments differ in judicial practice.When the owner of animals is clear,there are some problems,such as unclear responsibility of owners and managers,inconsistent ways of responsibility of breeders and managers;identification of the subject of liability for tort caused by stray animals when the owner of animals is not clear;and liability for damage caused by animals in the course of dealing with animals.Questions to be borne.In order to protect the interests of victims and fill the damaged rights and interests,it is particularly important to identify the main body of liability for damage caused by raising animals.In addition to the introduction and conclusion,this paper includes four parts.The main content of the first part is to analyze the difficulties in identifying the subject of animal husbandry causing damage in the judicial practice of our country,including the difficulty in identifying the ownership of animals and the liability of administrators,the difficulty in identifying the subject of the liability of stray animals causing harm,and the difficulty in identifying the subject of liability under the circumstances of animal trading.The second part mainly elaborates the theoretical basis of the identification of the subject of liability for damage caused by raising animals.Under the theory of property ownership,when the ownership of raising animals is clear and coincides with the actual management and control relationship,it is not controversial that the owner of raising animals should bear the tort liability for damage caused by raising animals.However,it is impossible to solve the situation that the owner is not clear or the owner is clear,but the actual management and control relationship of the animal husbandry is not clear.Under the actual management cybernetics,whether there is ownership and possession relationship between the actor and the animal in the property law is not a necessary condition to identify the subject of tort liability for human damage caused by raising animals.According to the theory of danger opening,whoever initiates the danger will be liable for the damage.According to the profit-and-loss theory,while the actor gains benefits from the animals,he should also be liable for the torts caused by animal husbandry.The main content of the third part is to explain the connotation of "breeder" and "manager".In general,animal "breeder" refers to the owner of raising animals,who has the obligation to manage animals to prevent dangerous occurrences.Animal "administrator" refers to the person who,besides the owner of the animal,gains control over animal management based on contract,factual behavior,etc.The fourth part is mainly about how to clarify the responsibility between the breeder and the manager.When the ownership and management weights are the same,the ownership relationship plays a decisive role in determining the subject of tort liability for damage caused by raising animals.Of course,the owner of animals becomes the subject of tort liability.Ownership and management control are not completely separated,and the owner of animals still controls the raising of animals.When ownership and management are separated,to determine the subject of tort liability for animal husbandry causing damage to human beings,it is necessary to take into account the factors of ownership,time,interest and will.And the way of responsibility between them.When both animal breeders and managers exist at the same time,considering the purpose of protecting victims,it is more reasonable for them to assume joint and several liability.