On Identification Of The Responsible Subject Of The Stalled Animal Victim

In recent years,pets have become a way of life for Chinese people,and for various reasons,it is also common to keep pets out of the control of human beings as stray animals.At present,the number of stray animals in China is already very large,and cases of stray animal wounding are not uncommon,which adds a lot of risk to society.There is no uniform definition of stray animals in our country's law.According to its literal meaning,stray animals can be understood as animals that are separated from human control and wandering around.The provisions of the Tort Liability Law on the liability of such animals for infringement are relatively general,which makes the subject of responsibility for stray animal damage cases in actual judicial practice have many problems.This paper examines the treatment of stray animal infringement in judicial practice through four typical real-life cases.The analysis of the case reflects the imperfect legal provisions of stray animals in the judicial practice caused by stray animals;the stray animals cause damage It is difficult to determine the subject of the tort liability;it is difficult for the victim to complete the burden of proof;the judge has several problems,such as the greater influence on the discretion of the responsible subject.At the same time,there is still a clear definition of the breeder or manager in the practice of determining the main body responsible for the damage caused by stray animals;when there are multiple responsible subjects,the relationship between the responsible subjects is chaotic;when there are multiple breeders or managers,the internal responsibility is divided.Problem;theoretical issues concerning the deficiencies in the scope of compensation for animal infringement.Through the analysis of the practice and theoretical problems of the responsible person responsible for the damage caused by stray animals,this paper puts forward several suggestions:First,the legislation defines the concept and scope of stray animals;Second,the actual control standards are used as animal infringement.The main body of responsibility defines the standard;third,establishing the joint responsibility between the breeder and the manager;and fourth,the provisions for increasing the liability of the infringement liability of stray animals.lt is hoped that through the discussion in this paper,suggestions for the determination of the responsible party of the stray animal infringement case can be provided to better protect the rights and interests of the victim.