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A Study On The Liability Of Animal Tort In Zoo

Posted on:2020-08-12Degree:MasterType:Thesis
Country:ChinaCandidate:M F HanFull Text:PDF
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With the rapid improvement of the economy and the quality of life,the entertainment lifestyle of the general public is becoming more and more abundant.One of the most important ways to relax the mood and relax the stress while reuniting with your family is to visit the zoo.However,as a lively place for both old and young people to play and popularize the knowledge of science and biology,the zoo will inevitably have different degrees of infringing incidents.One of the two cases that has attracted public attention and heated discussion is the case of tiger injury at Badaling Zoo in Beijing and the tiger injury case at Youngor Zoo in Ningbo.The article 81 of our Tort liability Law and the safety management standard of zoos are involved in the handling of these two cases.Article 81 of the Tort liability Law of our country stipulates that the principle of presumption of fault is applicable to animal injury infringement in zoos,which is a special clause compared with the principle of no-fault liability applied to the infringement of animal injury caused by raising animals by the general subject as stipulated in Article 78.More than this,this article also learned from the extraterritorial animal damage tort liability imputation principle,found that they take the principle of no-fault liability for animal damage to the majority of the imputation of the principle of non-fault liability.This makes our country against zoos animal damage legal liability become the first legislation.The extraterritorial application of the principle of no-fault liability for animal injury is based on the theory of danger liability,the duty of safety management and the duty of care.These three theories strongly support the legislative reasons for the application of the principle of no-fault liability for animal injury.Furthermore,there is no uniform and meticulous legislative provisions on the safety protection standards of zoos in China,which makes it easier for zoos to find excuses for their management negligence on the premise of applying the principle of presumption of fault.Accordingly,the injured tourists are in the inferior position,the proof is difficult,and the loss can not get fair compensation.Based on the above considerations,this paper holds that the principle of presumption of liability for zoo animal injury stipulated in Article 81 of our country's Tort liability Law is flawed and flawed,and the safety management standards of zoos in China are too vague.The judge was given more discretion at the time of judgment,which resulted in the difficulty of judgment and the awkward result that the zoo was easy to exonerate its responsibilities.Therefore,this paper puts forward the corresponding improvement measures,first of all,draw lessons from the principle of imputation of animal damage infringement outside the learning domain,apply the principle of no-fault liability and introduce the fault offset rule at the same time;secondly,introduce the systematic and perfect safety guarantee standard for zoos;Finally,set up compulsory liability insurance for zoos.In the last part of the article,afteranalyzing the application of the principle of no-fault liability in the above two cases,it is found that the victims of the two cases can get more fair and effective compensation under the premise of applying no-fault liability,and the division of liability is clear.It also allows the zoo to take on the dangers it has to deal with.Under such circumstances,it is not only beneficial to the realization of social equity,but also helpful to urge zoos to realize their own management loopholes to perfect,so as to reduce or even eliminate the occurrence of similar zoo animal damage infringement cases.
Keywords/Search Tags:Zoos Animal Injury, No Fault Liability Principle, Fault Presumption Liability Principle, Duty of Care
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